by Matthew Holloway | Sep 29, 2024 | News
By Matthew Holloway |
As the race for Maricopa County Attorney nears its end, the records of both incumbent, Republican Rachel Mitchell, and Democrat challenger Tamika Wooten have rightly been subject to scrutiny.
An in-depth investigation into past litigation handled by Wooten has revealed that, in addition to voicing direct opposition to the “Secure the Border Act” ballot initiative, the Democratic candidate defended at least a dozen criminals charged with human smuggling related offenses as a private attorney under her previous married name “Tamika Cheatham.”
Of the twelve examples of Wooten defending human traffickers, eleven were issued suspended sentences and ten were given unsupervised probation. The offenses these men were charged with ranged from smuggling (class 2 and 4 felonies) to conspiracy to commit smuggling (a class 4 felony,) all of which Wooten fought, often successfully to reduce.
At least one client, Sergio Gonzalez-Sanchez, was charged with smuggling a minor and received a more severe charge: a class 2 felony, for intentionally transporting or procuring the transportation of a human being below the age of 18 who was not accompanied by a family member.
In the 2009 case of Fernando Gomez-Hernandez, the suspect was charged with smuggling, a class-4 felony, and according to court documents, “Intentionally Transported Or Procured The Transportation Of Human Beings, For Profit Or Commercial Purposes.” Gomez-Hernandez was reportedly “the driver” and the arresting law-enforcement officers “immediately recognized,” the situation as “a human smuggling incident.”
The officer wrote:
“I immediately recognized this as a human smuggling incident. The driver who was identified as Fernando Gomez with a date of birth of REDACTED, by California identification card he gave me. Fernando only spoke Spanish, and the remainder of the conversation was conducted in such. Fernando said he was driving to Flagstaff, Arizona to drop off his friends. Fernando did not know the names of any of the persons in the vehicle nor was he related to any of them.”
The people Gomez-Hernandez was smuggling were “lying down in the rear of the van,” were visibly “scared,” and “were shaking,” according to police. “A traffic stop was initiated and upon contact with the occupants of the van, police noted numerous persons in the back seat and lying down in the rear of the van. Officers noted the subjects appeared scared, they failed to make eye contact and were shaking.”
The smuggler was plead down to a class-5 felony: “Attempt to Commit Smuggling” and served a six-month sentence with 100 days credit for time served.
In another case Wooten defended in 2009, Carlos Figueroa Ramirez was wearing “clean clothes, and newer shoes,” whiel smuggling people in the back of his truck “covered in dirt and debris.”
According to the court documents, the officer explained, “I approached the vehicle, saw one male driver who was later verbally identified as Carlos Ramirez Figueroa with a date of birth of REDACTED. In the back seat of the truck was six humans that were attempting to conceal themselves. Based on my training and experience I believed this to be a human smuggling load. The driver was in clean clothes, and newer shoes. The rest of the passengers appeared to have been in the desert for quite a few days and were covered in dirt and debris from trees and shrubs.”
In a plea deal arranged by Wooten, Ramirez Figueroa was sentenced to serve a six-month sentence in the county jail with a credit for 89 days served after which the remaining sentences for additional counts suspended.
In one case, Guillermo Vazquez-Espinoza pleaded guilty to Conspiracy to Commit Smuggling working with a person he believed to be a coyote, a person smuggling people for profit. In another, Alvaro Ruiz-Alcala was also charged with Conspiracy to Commit Smuggling with five other people believed to by coyotes within a residence. Jose Valentin Nunez-Yanez was traveling in a vehicle that was “part of the agreement made with the coyote to have him transported to the State of California.” Guillermo Vazquez-Espinoza was in the act of attempting to contract a coyote for transport to North Carolina. And Jose Guadalupe Cervantes-Diaz was reportedly conspiring to commit human smuggling to New York as part of an agreement with a coyote.
These cases merely represent the most egregious of the dozen researched. But all point to a consistent pattern of legal maneuvering to arrange the most lenient possible sentences for human smugglers and those willfully conspiring to be smuggled.
Wooten’s litigation history in this area provides vital context for her political positions which followed.
In audio uncovered by AZ Free News, researchers revealed that Wooten, attending a closed-door meeting, expressed her explicit opposition to HCR 2060, the “Secure The Border Act,” which would permit Arizona Law Enforcement to crack down on illegal immigration and human smuggling. Wooten warned the Maricopa County Young Democrats on August 26th, “We have [HCR] 2060 that’s going to come down the pipe,” and told the members “As County Attorney, I’m not going to allow racial profiling for stops” claiming, “We don’t need to patrol our citizens.”
As Maricopa County Attorney, Wooten would be positioned to effectively stop the meaningful prosecution of human smuggling in the most populous county of Arizona, the fourth largest in the nation, by the third largest public prosecutorial agency in the United States. Based on her statement to the Young Democrats and her history of consistently pushing for slap on the wrist sentences for human smugglers, there’s every indication that she will.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Daniel Stefanski | Sep 4, 2024 | News
By Daniel Stefanski |
Arizona’s top county prosecutor is setting her sights on teen violence within her jurisdiction.
Earlier this month, Maricopa County Attorney Rachel Mitchell announced the start of ‘Report, Don’t Repost,’ which “tackles the growing issue of teen violence fueled by the sharing of violent content on social media platforms rather than reporting those incidents to law enforcement.”
In a press conference to promote this new campaign by the Maricopa County Attorney’s Office and other local law enforcement agencies, Mitchell shared that “in 2023, the number of submittals for first-degree murder involving juveniles surged by 350%, rising from 6 cases in 2022 to 27 cases in 2023. Similarly, submittals for aggravated assault saw a 108% increase, with cases rising from 12 to 25 between 2022 and 2023. Overall, total referrals of juveniles charged as adults increased by 32% during the same period.”
The veteran prosecutor said, “When a video shows up online or on social, all we know is what we can see. We may not have the names of the people in the video or know where the fight occurred. We also may not know what happened just before or after the video begins and ends. It makes it infinitely harder for police to investigate and for my lawyers to prosecute.”
Mitchell added, “My job as a prosecutor is to build a strong case. Encouraging the community to report these incidents instead of sharing them online is an excellent way to do that.”
The law enforcement agencies on board with this campaign are Phoenix Police, Maricopa County Sheriff’s Office, Apache Junction Police, Arizona State University Police, Buckeye Police, Chandler Police, Gilbert Police, Glendale Police, Goodyear Police, Mesa Police, Queen Creek Police, Surprise Police, and Tempe Police.
The Maricopa County Sheriff’s Office posted a graphic of the campaign to highlight the importance of the issue.
Additionally, two Phoenix Police Department officers discussed the new campaign in the aftermath of the announcement.
According to the release from the Maricopa County Attorney’s Office, “The campaign includes a range of educational resources for parents, educators, and teens that highlight the consequences of sharing violent content.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jul 29, 2024 | News
By Daniel Stefanski |
One of Arizona’s top prosecutors acquired a high-profile endorsement for her campaign as the date for the primary election nears.
Earlier this week, Maricopa County Attorney Rachel Mitchell, a Republican, announced the endorsement of former Arizona Diamondbacks pitching superstar Randy Johnson.
In his endorsement, Johnson said, “Proud to endorse Rachel Mitchell for Maricopa County Attorney here in Arizona. She has shown that she is tough on crime. We need prosecuting attorneys like her in our state, in our cities and in our towns protecting our neighborhoods and hard-working citizens. She has my full endorsement.”
Mitchell responded, “I am honored and thrilled to receive the endorsement of Dbacks legend and Hall of Fame pitcher, Randy Johnson. Randy has seen firsthand the changes in Seattle from the time he pitched there – changes that come when criminals are not held accountable. He won’t see those changes here.”
The county prosecutor added, “As Maricopa Attorney, I am dedicated to enforcing the law and holding criminals accountable. I will work relentlessly to protect our neighborhoods and ensure justice for every resident.”
Mitchell is competing for the Republican nomination for Maricopa County Attorney in the upcoming July 30 primary. She is opposed by fellow Republican Gina Godbehere. The winner of this contest will face off against Tamika Wooten, who is unopposed in the Democrat primary.
Throughout the lead-up to the primary election this year, Mitchell has rolled out a number of endorsements for her campaign, including from the Scottsdale Police Sergeant and Lieutenants Association, the Arizona Police Association, the Tempe Officers Association, the Arizona State Troopers Association, the Chandler Law Enforcement Association, the Phoenix Police Sergeants and Lieutenants Association, the Combined Law Enforcement Associations of Arizona, and many other elected officials from around the state.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 11, 2024 | News
By Daniel Stefanski |
Maricopa County Attorney Rachel Mitchell is attempting to bring justice for an Arizona victim but is meeting resistance from the state’s attorney general.
Earlier this month, the Maricopa County Attorney’s Office announced that it had “filed a motion with the Arizona Supreme Court in a move to ultimately seek a warrant of execution for Aaron Brian Gunches.”
Gunches has been sentenced to death twice over the murder of the ex-husband of his girlfriend in 2002.
“For nearly two years, we’ve seen delay after delay from the governor and the attorney general,” said Maricopa County Attorney Rachel Mitchell. “The commissioner’s report was expected at the end of 2023, but it never arrived. In a letter received by my office three weeks ago, I’m now told the report might be complete in early 2025. For almost 22 years, Ted Price’s family has been waiting for justice and closure. They’re not willing to wait any longer and neither am I.”
Attorney General Mayes pushed back against Mitchell’s legal effort, writing, “Only the Attorney General is authorized to seek warrants of execution. Despite what rogue Maricopa County Attorney Rachel Mitchell may believe, there is only one Attorney General at a time – and the voters decided who that was 18 months ago. Just three weeks ago, I notified County Attorney Mitchell about my plans for seeking warrants of execution a little over six months from now after the completion of the independent death penalty review. But apparently, conducting this cynical performance to look tough in her competitive re-election primary is more important to the County Attorney than following the law.”
Mayes added, “Make no mistake, I will vigorously defend the authority of this office – and will not stand by as the Maricopa County Attorney attempts to create chaos to save her political career. My office will next move to strike this motion and prevent County Attorney Mitchell from continuing her unauthorized actions related to the death penalty.”
Mitchell disagreed with Mayes’ assessment of her legal limitations in this matter. She said, “I believe that as an attorney who acts on behalf of the state, I also can appropriately ask the Supreme Court for a death warrant. The victims have asserted their rights to finality and seek this office’s assistance in protecting their constitutional rights to a prompt and final conclusion to this case.”
The saga over Gunches execution started in late-2022, when former Arizona Attorney General Mark Brnovich asked the Arizona Supreme Court for a warrant of execution. After the January 2, 2023, transition of power to Katie Hobbs and new Attorney General Kris Mayes, the state desperately attempted to reverse the actions that set Gunches’ execution process into motion. These efforts proved to be unsuccessful, however, when the high court did, in fact, grant the warrant of execution, ordering the state to put Gunches to death on April 6, 2023. The governor refused to comply with the court-issued warrant, stating that the State would not be seeking to carry out the execution at this time. Hobbs’ decision triggered court filings from Maricopa County Attorney Rachel Mitchell and Republican leaders in the Arizona Legislature.
The Arizona Supreme Court declined to force the State of Arizona to carry out the issued warrant for Gunches but would not withdraw it either. The warrant expired last year, leading to County Attorney Mitchell’s attempt to seek this action before the state’s high court.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 11, 2024 | News
By Daniel Stefanski |
Government officials across different jurisdictions are attempting to lay claim to the investigation of the Arizona Governor’s Office over a recent media report that the Hobbs administration may have engaged in an improper, or unethical, or unlawful relationship with an organization receiving taxpayer dollars.
Last week, after her Criminal Division head confirmed the existence of an inquiry, Arizona Attorney General Kris Mayes transmitted two letters to Maricopa County Attorney Rachel Mitchell and Arizona Auditor General Lindsey Perry, over their respective Office’s plans to investigate the Hobbs administration over a recent revelation of alleged impropriety with taxpayer funds from a state agency. Attorney General Mayes told County Attorney Mitchell that “it would not be appropriate or in the best interest of the state to conduct parallel investigations into the same matter,” and that “a separate process conducted by the MCAO could jeopardize the integrity of the criminal investigation that my office will now proceed with.”
Mayes similarly told Auditor General Perry that “while [the Auditor General’s] office is statutorily authorized to examine records and conduct audits at the direction of the Joint Legislative Audit Committee, at this time, the assistance of [her] office is not needed by the Attorney General’s Office for our investigation.”
The letters from Mayes to Mitchell and Perry followed a communication from State Representative Matt Gress to the Maricopa County Attorney, which informed the Republican prosecutor that “the Auditor General’s Office stands ready to partner with you in getting the facts about this troubling matter [the interconnected web of financial and political relationships between Sunshine Residential Homes, Inc. and Governor Katie Hobbs].” Gress, the chairman of the Joint Legislative Audit Committee, told County Attorney Mitchell that “we will allocate the resources the Auditor General needs to help restore what appears to be a major breach of trust in our government.”
After receiving letters from Senator T.J. Shope and Gress, County Attorney Mitchell let them know that her office was “contacted by the Arizona Auditor General asking that the Maricopa County Attorney’s Office serve as the prosecution office that will work with them while they conduct an investigation into this matter.”
Less than a week ago, The Arizona Republic broke a story about the Arizona Department of Child Safety “approv[ing] what amounts to a nearly 60% increase in the rate that Sunshine Residential Homes Inc. charges to care for a child for a day.” The alleged action to approve the rate increase for the one organization was made while “DCS has denied pay increases to home operators and cut loose 16 providers during the contract renewal process.” The Republic also asserted that “no other standard group home provider was approved for any rate increase during Hobbs’ tenure.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
