Maricopa County Attorney Richard M. Romley Focus on Excellence Sixteen Years of Success: 1989–2004 MARICOPA COUNTY ATTORNEY’S OFFICE Focus on Excellence M I S S I O N S TAT E M E N T The Maricopa County Attorney is dedicated to the vigorous prosecution of those who commit crimes within the county. As the chief advocate for the State and the citizens of the community in criminal matters, the County Attorney seeks to provide the highest quality service and maintain the integrity of the criminal justice system. Criminals must be held accountable, while assuring that the statutory rights and emotional needs of victims and witnesses are properly addressed. Additionally, the County Attorney seeks to implement, promote and participate in programs that reduce crime and enhance the quality of community life. The County Attorney also contributes to excellence in local government by providing complete legal services to the county, its officers and various political subdivisions. MARICOPA COUNTY ATTORNEY’S OFFICE RICHARD M. ROMLEY Maricopa County Attorney 2 Table of Contents A Message From Richard M. Romley 3 Achieving Reform 5 Ensuring Rights for Victims — Balancing the Scales of Justice Truth in Sentencing Juvenile Justice Reform Serving Victims — Working with the Community to Ensure Better Services for Victims Reforming Arizona’s Child Protection System Ensuring Justice 13 Tough Decisions, Right Result Temple Murder Case No One is Above the Law AzSCAM Catholic Church Investigation State v. Brian Finkel Hate is No Defense State v. Frank Roque When Negligence Becomes a Crime State v. Vanessa Rico/State v. Janis Perry State v. Rogelio Gutierrez The Bizarre Defense State v. Scott Falater Cutting Edge Advances in Technology State v. Mark Bogan Moving Beyond the Courtroom 25 Demand Reduction/Drug Free AZ Community Grants Community Action Bureau State v. Sherwin Seyrafi State v. Nile Theater Serving Our Citizens 33 Division of County Counsel Check Enforcement Program Adoption Bureau Community Involvement Speakers Bureau Citizens’ Academy Maricopa County Attorney’s Office Internet Web Site Farewell 45 M y family has lived in Arizona for more than a hundred years. As a child, my grandfather told me stories about life in early Arizona. He always said that Arizona was destined for great things. I believed him then as I do now, more than ever. And it was my family’s love for this great state that influenced me to choose a career in public service. I have never regretted this decision. Having reluctantly decided not to seek a fifth term as County Attorney, I want to take this opportunity to share some thoughts about the past 16 years. During my first campaign in 1988, I proposed that Arizona enact a constitutional amendment recognizing the rights of crime victims. Having been a deputy county attorney, I had seen first-hand how victims were shunted to the side in the legal process. Under the law, victims were mere evidence with neither voice nor rights. There was no obligation to take victims’ feelings into consideration, or even to notify them of trial dates or sentencing hearings. Victims were, in effect, re-victimized by the very system that sought justice for them. Surprisingly, there was strong opposition from the criminal justice system to embedding victims’ rights in the state’s constitution. Many voiced concern that by mandating rights for crime victims, the rights of defendants could be jeopardized. To achieve victims’ rights reform, it was necessary to appeal directly to the citizens of Arizona, using the referendum process. The resulting ballot initiative passed with an overwhelming margin and in 1990, the Crime Victims’ Bill of Rights was added to the state constitution. This made Arizona one of the first states to guarantee victims the right to be present at all criminal proceedings involving the presence of the defendant, and the right to confer with the prosecutor before trial and again before sentencing. I was proud to have played a part in ensuring that victims would no longer be treated as second class citizens. Now, they have the right to be treated with dignity and respect. Taking office on January 1, 1989, I had many other ideas on how to address problems that I was aware of in the criminal justice system. Obviously, criminal prosecution was the first and primary responsibility of the county attorney. However, as mentioned above, I saw opportunities to improve upon the way crime victims were being treated by the system. Additionally, I felt strongly that we needed to focus on crime prevention. I made these concepts an integral part of my office’s mission statement. I have always believed that although we must ensure that those who commit crimes are held accountable, the real desire of our citizens is to have a county attorney that reduces crime so that we are safer in our homes. One area that I felt compelled to enter involved Child Protective Services (CPS). After years of futile arguing for reform of this system, and in the wake of some horrendous examples of the failure of the system to protect children under the care of CPS, I threatened to convene a grand jury of citizens to investigate what many believed was criminal negligence. In quick response, a special legislative session was convened. I commissioned a group of experts who reviewed the entire child protective system and produced a report entitled “In Harm’s Way.” The recommendations contained in the report were reflected in broad systemic changes in CPS. I am optimistic that these changes will help ensure the safety of children. Consistent with my belief in an expanded role for the county attorney, I have worked on crime prevention. It is vital that we look at the big picture, get ahead of the curve and develop resources that will make our community a safer place. In today’s world, a disproportionate number of crimes involve illegal drugs. In 1989, to address the demand for illegal drugs, my office created the program “Do Drugs. Do Time.” This program offered an alternative to prosecution for first-time offenders. For those who qualified, it provided a second chance (continued on next page) A Message From Richard M. Romley MARICOPA COUNTY ATTORNEY, 1989 TO 2004 through a treatment program. By 2001, this program had evolved into Drug Free AZ, which is our award winning drug prevention and education program. In collaboration with the national Partnership for a Drug-Free America, we conduct anti-drug programs in schools and through media ads, emphasizing the theme, “Drugs Destroy Dreams.” We reach out to parents, urging them to talk to their children about the dangers of drugs. Visit our website at www.drugfreeaz.com and find out how you may help us keep kids away from drugs. Perhaps the most innovative crime prevention program initiated by my office is the RICO Grant program. Certainly it is the most comprehensive in terms of reaching all levels of the community. RICO funds are monies seized from criminals who are involved in criminal enterprises, generally drug dealers. Originally, RICO funds were only used to buy weapons, ammunition and equipment for law enforcement agencies. In my office, we revolutionized the practice by using a portion of the money to support programs that deter children from using drugs or joining gangs. Over the years, we have contributed nearly $3 million in grants to organizations such as the YMCA, Valley Big Brothers and Big Sisters, Boys and Girls Clubs, the Anti-Defamation League and numerous small organizations that encourage alternatives to drug and gang activities by participating in the arts, sports and academics. I can think of nothing better than taking the ill-gotten gains of criminals, who take so much from our community, and giving it back to the community to help reduce crime. In performing my primary function as County Attorney — prosecuting criminals — I have always adhered to the bedrock principles that no one is above the law and that every person deserves equal treatment under it. In the early months of my tenure, during the investigation of the largest political corruption case in Arizona’s history (AzSCAM), I was told by more than one high-ranking elected official that it would be political suicide to prosecute legislators, lobbyists and other officials. This threat weighed little against the greater threat to the integrity of the criminal justice system and, ultimately, our democratic form of government, if those who pledged to uphold the public trust escaped punishment for misdeeds in office. I will never regret pursuing this case and convicting those involved in AzSCAM. In the intervening 16 years, we have prosecuted many other cases in the face of adverse political and public pressure. In our adversarial system of justice, that comes with the territory. Approximately 75,000 adult and juvenile felony and misdemeanor cases are submitted to the Maricopa County Attorney’s Office each year. (We are, after all, one of the fastest growing counties in the nation and have not been spared the crime rate that goes with it.) Processing this huge number of submittals is a challenge for 350 attorneys and a staff nearly twice that number. I have always said that it takes strength, commitment and dedication to have a career in criminal prosecution. We in Maricopa County are fortunate in the extraordinary caliber of professionals and support personnel in the County Attorney’s Office. These fine men and women have made our office one of the most respected in the nation. I promised when I became county attorney that I would make the Maricopa County Attorney’s Office one of the best prosecuting offices in the country. That promise has been kept. It is much more than a gesture of courtesy to say that I could not have done the job without them. I freely acknowledge that the realization of my vision for the office has only been accomplished through the dedicated efforts of a staff that cares deeply about their work and are individually committed to public service. Part of the remainder of this report is devoted to summarizing some of the more significant and groundbreaking events of the past 16 years. I leave you with a quote from William Boettcher, National Commander of AMVETS, that expresses my own belief and largely explains why I chose a career in public service: “Our own immediate future may depend upon the living we make, but the future of America depends upon the life we live and the service we render.” — Rick Romley Achieving Reform During the past 16 years, the Maricopa County Attorney’s Office has played a critical role in achieving reform within the criminal justice system to meet the changing needs of our community. The following section outlines the most significant areas of reform that we have either initiated or actively participated in achieving. Ensuring Rights for Victims — Balancing the Scales of Justice . . . . . . . . . . . . . . . . . . . . . . 7 Truth in Sentencing .............................. 8 Juvenile Justice Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Serving Victims — Working with the Community to Ensure Better Services for Victims . . . . . . . . . . . . . . . . . . . . 10 Reforming Arizona’s Child Protection System 11 ........ Achieving Reform “In memory of Arizona Crime Victims. May we always hear and honor their voices.” ~ Inscribed on the Arizona Crime Victims Monument MARICOPA COUNTY ATTORNEY’S OFFICE Balancing the Scales of Justice I n the late 1980’s it was apparent that our criminal justice system was not living up to the principle, “justice for all”. Although the constitutional rights of the accused were assured, their victims had virtually no rights. Victims were not given information about the arrest or the prosecution of their case. They were forced to submit to interviews by the defendant’s attorney before trial. They were excluded from court during the trial. Lastly, victims had no voice in the sentencing of the defendant. Defendants, on the other hand, were free to speak directly to the judge at sentencing and plead for leniency. Understandably, victims often felt re-victimized by the very system they had turned to for help. The obvious solution was to seek constitutional rights for victims. The Maricopa County Attorney’s Office assumed a prominent role in this effort. County Attorney Rick Romley personally served on the Victims’ Constitutional Rights Committee and strongly advocated for the passage of the victims’ rights amendment. In the general election of 1990, Arizonans voted overwhelmingly in favor of enacting constitutional rights for victims, and Arizona joined a handful of states that enacted comprehensive rights for victims. After passage of the constitutional amendment, the Maricopa County Attorney’s Office participated in drafting legislation that spelled out the specific responsibilities of each agency within the criminal justice system to notify victims about the status of their case and their right to be heard at critical court hearings. It also provided these additional benefits: the right of the victim to refuse pre-trial defense interviews, protection from disclosure of their address, and the right to restitution for their out-of-pocket losses. Four years later, in 1994, the Maricopa County Attorney’s Office was actively involved in legislative efforts to extend these same rights to victims of juvenile offenders. On April 19, 2004, nearly fourteen years after the passage of Arizona’s Crime Victims’ Bill of Rights, County Attorney Romley unveiled a monument in Wesley Bolin Park across from the Arizona Capitol, inscribed with the message, “In memory of Arizona Crime Victims. May we always hear and honor their voices.” The Victim Services Division of the Maricopa County Attorney’s Office ensures that victims have the opportunity to exercise their rights. Last year alone, the Maricopa County Attorney’s Office Victim Services Division assisted more than 36,000 victims of adult and juvenile crimes and performed more than 500,000 related acts of service. Since 1993, the Maricopa County Attorney’s Office Victim Compensation Bureau has been providing financial assistance for victims of violent crime to compensate them for lost wages, medical expenses and counseling, in addition to paying the funeral expenses of victims who died as a result of the crime committed against them. In 10 years, the Office has assisted more than 9,200 victims and paid more than $11 million in financial assistance. 7 8 Achieving Reform W hen a person commits a violent crime and is sentenced to prison, the public expects that the inmate will serve the full sentence. In the early 1990’s, this was not the case. Arizona’s prison system had so many avenues for early release — parole, good time credits, work furlough, halfway houses, and more — that even judges, prosecutors, and defense attorneys could not be certain how much time a defendant would serve. And because many of those who had been granted early release were quick to reoffend, giving rise to the revolving door concept of prison, faith in the ability of the criminal justice system to protect the community was seriously eroded. In 1993, working closely with the state legislature, County Attorney Rick Romley played an instrumental role in legislative changes that now require offenders to serve a minimum of 85% of their sentences, thereby eliminating the back door, early release provisions. Upon passage of the “Truth in Sentencing” bill, Arizona’s sentencing code was dramatically rewritten. Early release provisions such as parole, halfway houses and other forms of discretionary release by the Director of the Department of Corrections were eliminated. Sentencing ranges for violent crimes were strengthened, while sentencing ranges for non-vioTen years after the passage lent offenses were of Truth in Sentencing, the relaxed. As a result, number of violent crimes in violent offenders Arizona decreased 27%, were sentenced to despite a 42% increase in longer prison terms. the state’s population over For certain violent the same period of time. crimes, offenders were required to serve 100% of the sentence. For all other offenses, inmates were not released until they served 85% of the sentence ordered by the judge. In the years following the passage of this bill, Arizona experienced a significant decrease in violent crime. MARICOPA COUNTY ATTORNEY’S OFFICE I n the mid 1990’s, Arizona was experiencing a rapid rise both in the number of juveniles committing crimes and in the serious nature of the crimes committed. Delinquency proceedings were increasing at the rate of nearly 10% a year and involved ever-increasing violent crime by younger and younger teenagers. It was not uncommon to see juveniles who had 20 or more referrals to juvenile court before their 18th birthday. Citizens across the state were voicing a common concern about the inability of the juvenile justice system to deal with the increasingly violent, hard-core juvenile offender. A system designed to rehabilitate youth was clearly failing and, despite the escalating violence, Juvenile Court judges were reluctant to transfer juveniles accused of violent crimes to adult court. This led to more resources being spent on efforts to rehabilitate hard-core juvenile offenders, leaving fewer resources for juveniles who commit minor offenses. Since juvenile crime traditionally resulted in relatively few consequences, no matter how serious, existing laws had little deterrent effect. In 1995, County Attorney Rick Romley assumed a leadership role in advocating juvenile justice reform. His approach would: (1) allow the prosecutor to charge a case in adult court or juvenile court depending on the nature of the crime instead of the age of the offender, (2) invest more resources in early intervention strategies and, (3) require juvenile offenders to pay restitution to victims. Arizona voters passed an initiative in 1996 to amend the state constitution to require that juveniles from the age of 15, who commit murder, rape or armed robbery, be prosecuted in adult court. County Attorney Romley then worked on enabling legislation that provided meaningful consequences for hard core juvenile offenders while providing effective early intervention programs and services that could reduce or prevent future criminal conduct. Violent and repeat juvenile offenders now face trial in adult court and receive adult sentences if convicted. Juveniles accused of minor offenses may find themselves in a Community Justice Center where they meet face to face with their victim and community members to hear how their actions have harmed the victim and to be held accountable in the manner determined by the community. This frequently takes the form of community service and restitution to the victim. Since passage of the new law, juvenile crime has dramatically decreased. In 1996, juvenile arrests in Arizona hit an all time high, having increased over 33% in just 5 years, far outpacing the increase in population. Five years after the passage of Juvenile Justice Reform, juvenile arrests had decreased nearly 26% — despite a 21% increase in population. 9 10 Achieving Reform Working with the Community to Ensure Better Services for Victims A crime and the ensuing criminal investigation can be devastating to victims. In recognition of the hardships that victims endure, the Maricopa County Attorney’s Office spearheaded a number of programs to provide the kind of comprehensive, high quality services victims need. This includes partnerships with community agencies that provide trained, professional assistance to victims at critical times. Historically, when a victim of child abuse, child sexual abuse or sexual assault reported the crime to law enforcement, they were required to go to a Valley hospital where an emergency room Nurse Kim Yedowitz (left) — supervisor of doctor would conthe forensic nurse examiners in the SANE duct an examinaprogram — consoles a victim at one of the tion and collect advocacy centers. physical evidence. Victims expressed frustration, dismay and humiliation at the long waits and insensitive treatment received in emergency rooms where the priority necessarily goes to those with critical injuries. In our efforts to do better by these victims, the Maricopa County Attorney’s Office consulted with law enforcement officials, victims' groups and the medical community. The result was the development of the Sexual Assault Nurse Examiners (SANE) program. Since 1999, SANE has provided specially trained nurse practitioners to conduct medical exams of victims of sexual abuse or assault. The second half of the solution FYI: was to create a victim-friendly environment where forensic During the last ten exams could be conducted. The years, the Victim Maricopa County Attorney’s Services Division has Office collaborated on this with assisted over 300,000 police departments and victims victims of crime. groups. Within three years, three advocacy centers, including ChildHelp, were built across the Valley for conducting medical examinations of victims. In addition, these centers use their multidisciplinary resources to investigate, intervene and assist in the prosecution of domestic violence, sexual assault and physical abuse cases. The Maricopa County Attorney's Office has offices at each location to facilitate issuance of subpoenas and search warrants, and assist in trial preparation. The establishment of these centers, staffed with specially-trained medical personnel, better meets the emotional and medical needs of victims, and helps to ensure that those who are guilty of child abuse, child sexual abuse and sexual assault will not escape accountability. In 1993, the Maricopa County Attorney’s Office developed the Kids in Court program to help alleviate the fear or anxiety that child victims and witnesses typically feel when faced with testifying in court. Attorneys, judges and victim advocates meet with children in a courtroom prior to their appearance in a case and gently introduce them to the criminal justice process and explain what is expected of them in the courtroom. Since its inception, more than 300 children and their families have participated in the program. MARICOPA COUNTY ATTORNEY’S OFFICE 11 N ames of children that you may not recognize but whose pictures you have doubtless seen: Liana Sandoval — Sarah Stevens — Christine Tuong — Anndreah Robertson — Henry and Odessa Greer. These children made headlines because each died at the hand of a parent or caregiver. Their deaths are all the more tragic because Child Protective Services (CPS) visited each of their homes, sometimes more than once, following reports of child abuse or neglect. Instead of removing these children from their abusive homes, CPS did nothing beyond reporting that the allegations of abuse were not substantiated. Over the years, the County Attorney’s Office prosecuted a number of child homicides that could have been prevented had CPS taken action. Each time, County Attorney Rick Romley spoke out about the need to reform CPS to save lives. Finally, when it became clear that Liana Sandoval the structural flaws (above) and Sarah Stevens are just in the system two of Arizona’s would not be children who have addressed, County died at the hands of a parent or Attorney Romley caregiver, despite decided to take visits from CPS. action. In 2002, he commissioned a study on the public policy issues concerning criminal child abuse and neglect. The report, entitled “In Harm’s Way” confirmed what many already knew: There was a fundamental policy conflict in Arizona between protecting the child and reuniting the family. This conflict was causing children to die. The report, “In Harm’s Way,” contained 26 recommendations by child care professionals, including these three critical points: Headlines like these prompted County Attorney Rick Romley to look into what could be done to protect Arizona’s children. The findings, published in March 2003, show that Arizona policy had a “fundamental conflict between the goals of protecting our children and reunifying victims with their abusers.” • Protection of the child must be paramount. While reunification of the family is a goal, it should not be the primary goal. The mission of CPS must be made clear: protect the child. • CPS records, now confidential, should be considered public record. • CPS and other related agencies should be separated from the Department of Economic Security, and a specialized department should be created with the dedicated mission of protecting children. Although the publication of “In Harm’s Way” stirred interest in reform, it remained stalled until County Attorney Romley announced his intention to have a Grand Jury review the abuses of CPS. Responding to County Attorney Romley’s activism, a legislative special session was called, with CPS as the main agenda item. Of the 26 recommendations in “In Harm’s Way,” several were adopted by the Legislature, including: • The primary purpose of CPS is the protection of children. 12 Achieving Reform • CPS workers who investigate allegations of abuse and neglect must be given training in forensic and law enforcement procedures. • Mandating that each county develop and implement protocols for the investigation of allegations involving extremely serious conduct, and setting the protocol standards. The Plight of Isaac Loubriel The photos shown are a tragic reminder of the systemic failures of Child Protective Services and reinforce the need for agency reform. This closet was the home of 7-year-old Isaac Loubriel, whose parents locked him in the dark, filthy space as punishment. On June 8, 2003, police opened the closet door to find a diaper-clad Isaac, severely malnourished and weighing only 36 pounds. Ricardo and Melanie Loubriel told police they would lock Isaac in the closet — Melanie Loubriel sometimes for up to a week at a time — and withhold food from him as punishment for urinating. Since 1999, Child Protective Services had received nine abuse and neglect reports on the Loubriel family, though according to CPS records, only one report was substantiated. The last report, filed days before police found Isaac, was from Isaac’s grandmother, Ricardo Loubriel who was concerned for the boy’s welfare. It was the grandmother who called police on June 8 because she had not seen Isaac "in months." "How many more kids have to be put in harm’s way? The safety of the children must be the number-one priority of CPS," said County Attorney Rick Romley after learning of Isaac’s discovery. Melanie and Ricardo Loubriel were charged with child abuse and entered into a plea agreement. Both were sentenced to 10 years in prison and lifetime probation. Following passage of the CPS Reform bill, and through the continued leadership of Rick Romley, Maricopa County was the first county to redesign its comprehensive, multi-discipline child abuse protocol. It can now be said that Arizona has achieved meaningful reform in the system that is charged with protecting the most precious and most vulnerable members of the community. MARICOPA COUNTY ATTORNEY’S OFFICE The Maricopa County Attorney’s Office prosecutes 45,000 criminal cases each year. Many decisions leading to prosecution are straightforward. For example, a defendant steals an automobile, is caught driving the vehicle, and is identified by the victim. The decision to prosecute this defendant is relatively simple for the evidence is overwhelming. However, in many cases the decision of whether to prosecute is much more difficult. The County Attorney is regularly called upon to make tough prosecutorial calls. In doing so, he tries to ensure that the decision will ultimately produce the right result: Justice. One of the most high profile cases handled by County Attorney Rick Romley illustrates the complexities and the hazards involved in the decision-making process. That case, commonly known as the Temple Murder Case, was State v. Jonathan Doody and Alessandro Garcia. TEMPLE MURDER CASE State v. Jonathan Doody and Alessandro Garcia AZ Department of Corrections O ne of the most notorious crimes ever to occur in Maricopa County involved the execution-style murder of six Buddhist monks, a nun and two novices at the Wat Promkunaram Buddhist Temple in Avondale. interrogations conducted by the investigators and became convinced that the Tucson Four were not involved in the murders. In an act of personal courage, and over the strong objection of the investigators and some members of his own staff, County Attorney Romley ordered the Tucson Four released from custody. Eventually, further investigation led to the arrest of the actual killers, Jonathan Doody and Alessandro Garcia. The Temple murders occurred in August 1991 and a task force led by the Maricopa County Sheriff’s Office was immediately formed to investigate. Rifle shell casings lead a foreJonathan Doody Doody and Garcia were convictIntense public pressure to boding trail to the bodies of ed of the murders in 1993. solve the case led deputies to nine people murdered at the Wat Promkunaram Buddhist Doody received a sentence of 281 rely on a tip from a person with a Temple in August 1991. years; Garcia was sent to prison history of mental illness. They for 271 years. arrested four young Tucson men, who came to be known as the “Tucson Four,” confident that these were the murderers. Under coercive questioning, all four defendants made confessions of guilt. Almost immediately, however, the four suspects recanted and claimed innocence. County Attorney Rick Romley, troubled by inconsistencies in the confessions, personA rifle and shell casing, both entered into evially reviewed the tapes and transcripts of the dence in the Temple Murder case. 15 16 Ensuring Justice Equal justice for all is a fundamental goal in a democracy. At the Maricopa County Attorney’s Office we enforce the law without regard to a defendant’s profession, wealth, social status or belief system. The following cases underscore our commitment to the principle that no one is above the law. AzSCAM n the late 1980’s, after the Arizona Legislature had changed the state’s gambling laws, shady interests from the East Coast began coming to Arizona to exploit loopholes that existed in the new laws. This included loan sharks whose exorbitant interest rates and physically injurious collection practices were causing numerous problems for citizens and law enforcement. The F.B.I. in Las Vegas contacted the Maricopa County Attorney and offered to help by introducing the County Attorney to a “wise-guy” named Joe Stedino. A gambling investigation was started, but after receiving information that some legislators’ votes were “for sale,” the investigation by the Maricopa County Attorney’s Office and the Phoenix Police Department shifted to a public corruption investigation popularly known as AzSCAM. Undercover operative Joe Stedino, using the name “Tony Vincent,” acted the part of a promoter for a big-money consortium (Mafia) bent on legalizing gambling in Arizona. He made it known surreptitiously that money was available to politicians willing to lend their support for legalized gambling. Almost immediately, Tony Vincent began receiving calls and contacts from people who, for the right price, would support legalized gambling. Virtually every phone conversation, meeting and incriminating money transaction was videotaped or audio-recorded. In a short period, Vincent paid out more than $300,000 in bribes to Arizona politicians, lobbyists and others with political connections. The operation was abruptly ended when news of the sting was leaked and published in a major local newspaper. Even so, 20 individuals were Courtesy of Joseph Stedino I “Tony Vincent,” portrayed by Joseph Stedino (right), offers thenRepresentative Carolyn Walker money for her vote, which Walker accepts. She was indicted and — after a jury trial — convicted. indicted and convicted on bribery or related charges, including seven legislators. When videotapes from the investigation were publicly televised, Arizonans and citizens from around the country were shocked and outraged by back room deals showing public officials enthusiastically accepting thick bundles of money in exchange for their votes. AzSCAM ranks as one of the most successful public corruption investigations ever conducted in the United States, and it contributed to the growing American backlash against corrupt officials. At the time, however, a prominent political figure told County Attorney Rick Romley that if he persisted in prosecuting this case, his political career would be finished. In a televised interview 10 years after AzSCAM, County Attorney Romley said, “I went through an array of emotions throughout the AzSCAM investigation. At first I was surprised, then I experienced disgust, and by the end I was just plain upset. I still believe it was good for the State of Arizona. The people won.” MARICOPA COUNTY ATTORNEY’S OFFICE Catholic Church Investigation A sexual abuse crisis involving the Roman Catholic Church rocked the country in 2002. Boston was the early epicenter with 541 clergy sexual abuse claims filed against the archdiocese. The victims in most of the cases, now adults, accused current and former priests in Boston parishes of molesting them as young children. Allegations then began to surface in parishes across the nation, including Maricopa County. Bombarded with calls reporting abuse, the Maricopa County Attorney’s Office established a hotline number and began interviewing victims. A full-scale investigation known as “Broken Oath” was launched by County Attorney Rick Romley. A team of attorneys, paralegals, detectives and support staff investigated more than 200 allegations of criminal wrongdoing. The team’s findings resulted in the indictments of eight priests in Maricopa County. During the investigation, information emerged that former diocesan leader Bishop Thomas J. O’Brien told families of molestation victims not to report the incidents to the police. This left the bishop open to charges of obstruction of justice. However, in keeping with the overriding goal of preventing future abuse of chil- dren, County Attorney Romley declined to prosecute the bishop. Instead, he crafted an innovative agreement signed by Bishop O’Brien on behalf of the Roman Catholic Diocese of Phoenix. This agreement included monetary compensation for victims with valid sexual abuse claims against priests, removed the bishop from handling any such com- “My primary goal in conducting this investigation was to stop the abuse of innocent children and to make sure that those who sexually abused children in the past were held responsible.” – County Attorney Rick Romley plaints, and redefined the way that sexual abuse allegations would be handled in the Catholic Church. In addition, Bishop O’Brien signed a statement admitting that he allowed priests to have contact with minors after becoming aware of allegations of criminal sexual misconduct. He also transferred some offending priests to other parishes without 17 18 Ensuring Justice giving notice to these parishes of the sexual abuse by the priests against children, which allowed more children to be victimized. ment, one that contained both a clear admission of responsibility and an enforceable promise of change.” Explaining his rationale in the Catholic Church case, County Attorney Romley said, “I chose the promise of the future over the tragedies of the past. I obtained an unprecedented agree- In addition to the agreement with the diocese, eight Catholic priests were indicted on sexual abuse charges as a result of the Maricopa County Attorney’s Office investigation. Fr. Joseph Cervantez Briceno Fr. Paul Francis LeBrun Charged with six counts of sexual conduct with a minor, one count of attempted sexual misconduct with a minor, and one count of sexual abuse. Charged with one count of sexual conduct with a minor. Fr. Patrick Oliver Colleary Fr. Karl Herbert LeClair Charged with two counts of sexual conduct with a minor, and one count of attempted sexual misconduct with a minor. Charged with one count of sexual conduct with a minor, and one count of molestation of a child. Fr. John Maurice Giandelone Lawrence Joseph Lovell Charged with three counts of sexual conduct with a minor. (Defrocked) Fr. Joseph John Henn Fr. Henry Perez Charged with ten counts of child molestation, one count of attempted sexual conduct with a minor, one count of attempted child molestation, and two counts of sexual conduct with a minor. Charged with six counts of sexual conduct with a minor, and one count of public sexual indecency. Charged with two counts of sexual conduct with a minor, and one count of molestation of a child. Bishop O’Brien convicted for leaving the scene of a fatal accident In an ironic twist of fate, just one month after signing the agreement, Bishop Thomas J. O’Brien was the driver of a car that struck and killed pedestrian Jim Reed. Later contending that he did not know he had hit a person, the Bishop did not stop or report the incident. Witnesses at the scene copied the license plate number of the Bishop’s car and called police. Detectives discovered evidence on the car linking the Bishop to the fatality. He was charged with Leaving the Scene of a Fatal Accident, a class 4 felony. He then resigned as Bishop of the Phoenix Catholic Diocese and at his jury trial was convicted as charged. – Rick Romley “Receiving CALEA accreditation is more than just complying with policies and standards. It is about doing the best possible job for the community.” The professionalism and exemplary performance of the office’s detectives contributed substantially to the successful disposi- I n 2004, the Commission on Accreditation for Law Enforcement Agencies (CALEA) recognized the Maricopa County Attorney’s Office Investigations Division as the first prosecutor’s office in the world to achieve excellence based on compliance with 270 internationally accepted standards for law enforcement agencies. tions obtained in AzSCAM, the Roman Catholic Diocese of Phoenix, and Dr. Brian Finkel. “Receiving CALEA accreditation is more than just complying with policies and standards. It is about doing the best possible job for the community,” said County Attorney Rick Romley. County Attorney Detectives Achieve National Recognition for Excellence From left, the “core” CALEA team: Commander Paul Orfe, Detective Kathy McKenzie, Detective Tony Ippolito and Chief of Detectives Ray Howard. CALEA Accreditation P rominent physician John Biskind (at left) abandoned a patient after performing a late term abortion at his medical clinic in Phoenix. Leaving his patient in the care of untrained assistants, Dr. Biskind went about personal errands, even after receiving word that his patient was close to death from uncontrolled bleeding. The State v. John Biskind “Dr. Biskind’s conduct was a disgrace to the medical profession that we depend upon for compassionate and skilled care. He betrayed the Hippocratic oath that binds all physicians,” said County Attorney Rick Romley. patient, a mother of two, died as a result of Dr. Biskind’s criminal neglect. He was convicted of manslaughter and sentenced to five years in prison. Dr. John Biskind operated out of the A to Z Womens Clinic (pictured above). At left: During a press conference concerning the Biskind trial, Chief Deputy Paul Ahler speaks to the media as County Attorney Rick Romley and former Deputy County Attorney Susan Brnovich look on. MARICOPA COUNTY ATTORNEY’S OFFICE 19 State v. Brian Finkel I n the summer of 2001, a victim’s story of sexual abuse by abortion doctor Brian Finkel was told in the Phoenix New Times. The article led dozens of Dr. Finkel’s other patients to come forward with similar claims. AZ Department of Corrections The Maricopa County Attorney’s Office began an investigation and found out that the Phoenix Police Department also had received reports from five women over the previous nine-year period that Dr. Finkel had molested them either before or after performing their abortions. Brian Finkel The investigation by the County Attorney’s Office and the appearance of new victims prompted the Arizona Board of Osteopathic Examiners to suspend Finkel’s license to practice medicine in October of 2001. Less than two weeks after Finkel’s license was suspended, the Maricopa County Attorney indicted Finkel on 16 counts of sexual abuse and one count of sexual assault. Within a day of his arrest, 25 more victims came forward with complaints of sexual abuse “I didn’t know who to call. I didn’t know who would believe me. I’m just a person; he’s a doctor.” 35-year-old victim, testifying at Dr. Brian Finkel’s trial by Dr. Finkel at his Phoenix clinic, and within a week a total of 70 women had contacted authorities. In addition, one current and six former employees reported seeing the doctor touch his patients inappropriately. These reports led to more indictments involving a Dr. Brian Finkel’s initial arrest, on October 24, 2001. total of 35 victims and more than 50 counts of sexual assault. County Attorney Rick Romley emphasized the importance of prosecuting this case. “Each and every one of us has the right to expect that our doctor will treat us with dignity. And when that trust is broken, the harm can last a lifetime.” A four-month trial included testimony from 35 victims, several medical professionals and the doctor himself. The evidence was overwhelming. Dr. Finkel was convicted December 2, 2003 on 22 counts of sexual abuse and sentenced to 34 years and 9 months in prison. FYI: The Maricopa County Attorney’s Office obtains convictions in over 88% of cases prosecuted, exceeding the national average. 20 Ensuring Justice The impact of a crime against an individual, while often devastating to the victim, is rarely felt much beyond the victim’s personal circle. However, when the motivation for a crime is hate or bigotry, a whole community can feel the effect. Recognizing that hate has no place in our society, County Attorney Rick Romley championed the passage of Hate Crime legislation which provided for enhanced sentences for those who would use hate as an excuse for crime. The murder of Balbir Singh Sodhi, a peaceful law abiding member of the Sikh faith, by Frank Roque, a person full of hate and bigotry shocked the conscience of the community, which rose up in outrage. State v. Frank Roque D ays after the terror attacks of September 11, 2001, Americans were still grieving and struggling to comprehend the enormity of the loss and the mentality of terrorists who could commit such a terrible crime against innocent citizens. Lebanese-American clerk and, finally, opened fire on the nearby home of a family of Afghan descent. No one was injured in these shootings. The community was outraged by Balbir Singh Sodhi’s death. A memorial service held in his honor at the Phoenix Civic Center was attended by 3,000 people of all faiths. AZ Department of Corrections Balbir Singh Sodhi, a recent immigrant from India, was no exception. He was living the American Dream as the owner-operator of a gas staCourtesy of the family of Balbir Singh Sodhi Frank Roque was charged tion in Mesa. His many cusby the Maricopa County tomers in the modest neigh- This flyer was distributed at Balbir Attorney’s Office with First borhood around his busi- Singh Sodhi’s memorial service. Degree Murder. The defense ness remember him as a claimed that Roque had a history of mental illkind and gentle man who wore a beard and ness and was insane at the time of the shootturban in keeping with Sikh faith. ing. The prosecutor was successful in showing that Roque was motivated by hate and anger, Frank Silva Roque, in a racist fervor folnot insanity. The jury found him guilty of First lowing 9/11, went on a shooting spree tarDegree Murder and sentenced him to death. geting Arabs and Muslims. He fatally shot Balbir Singh Sodhi, who at the time was “America was on trial after the death of Balbir talking with landscapers at his gas station Singh Sodhi,” said County Attorney Romley about a broken sprinkler head. after hearing the sentence read in court. “This verdict has shown the world that we will not According to police, Roque then drove 10 tolerate bigotry.” miles to a second gas station and fired several shots through a window at a Frank Roque The infant, Anndreah Robertson, died of cocaine exposure and dehydration, directly attributable to the negligent conduct of D emitres Robertson regularly exposed her 10-day-old daughter to a dangerous drug by smoking crack cocaine in her presence and leaving her in the care of Lillian Butler, the infant’s grandmother, knowing that Butler also smoked crack cocaine. State v. Demitres Robertson State v. Lillian Butler Users often cook the crack cocaine "rocks" and inhale the residual smoke. It was this smoke that killed 10-day-old Anndreah Robertson. Lillian Butler her mother and grandmother. Their actions crossed the line from negligence to criminal negligence. Both mother and daughter were charged with felonies and convicted. They are serving prison sentences. Demitres Robertson When Negligence Becomes a Crime AZ Department of Corrections Sickness in Society — AZ Department of Corrections Michael Bloom M ichael Bloom was a young man full of hate for those whose ethnic heritage or religion differed from his own. He was prosecuted, convicted and sent to prison for planning to bomb 35 synagogues and African-American day care centers in the Valley. The letter (far left) found in his prison cell expressed his deeply engrained, warped views. It provides chilling insight into the twisted mind of a racist psychopath. The Hate of Michael Bloom The bomb-making materials pictured above were found in Michael Bloom’s apartment. MARICOPA COUNTY ATTORNEY’S OFFICE 21 Accidents that have tragic consequences, especially those involving children, impact the community in a powerful way. Prosecutors at the County Attorney’s Office are often faced with the difficult question of “when does negligence become a crime?” We recognize that not every tragic result is criminal. Parents make mistakes, accidents happen and the result can tear at your heart, but is it criminal? How and where does one draw the line? To better answer these questions and to help in charging decisions, County Attorney Rick Romley established the Incident Review Board. It is made up of the most highly qualified and experienced prosecutors and executive staff members. This board reviews challenging cases to determine if the offense crossed the line from negligence to criminal conduct. In a county plagued with swimming pool drownings, many have demanded greater accountability for parents who “step away for just a second” and in those brief moments their child drowns. Should parents and caregivers be held accountable when their negligence resulted in serious harm or death of a child? Or, is the death of the child punishment enough without the intervention of the criminal justice system? While no clear-cut answer exists, the Incident Review Board evaluates each case on its unique facts and circumstances. The following are examples of cases that went through the incident review process. State v. Vanessa Rico State v. Janis Perry AZ DOC anessa Rico, a 24-year-old mother of three, placed her 10-month-old baby and twoyear-old toddler in the bathtub, turned on the water, left the room and walked outside her apartment to carry on a conversation in the parking lot. In the nine minutes she was away, 10-month-old Valeria drowned. Vanessa Rico Only one day after the death of Valeria, Janis Perry, a 21-year-old mother of two, left 19month-old Kataryna in the bathtub while she chatted on the phone in the living room with a friend and then walked outside the apartment to check her mail. Born with Down Syndrome, Kataryna was developmentally delayed and had difficulty sitting up. When Janis Perry returned to the bathroom, she found Kataryna dead, face down in the water. The Maricopa County Attorney’s Office Incident Review Board reviewed these cases and determined that leaving a child alone in a bathtub filled with water for a substantial period of time crossed the line from negligence to criminal conduct. Each mother was charged with negligent homicide. These The bathtub, still filled with water, cases were the first in where 19-month-old Kataryna Perry Arizona’s history where drowned. a parent was criminally charged for the unintentional drowning death of a child. A jury convicted Vanessa Rico on July 9, 2001 of negligent homicide. She was sentenced to two years probation and ordered to attend parenting classes and complete community service. Janis Perry pled guilty to negligent homicide and was sentenced to probation and ordered to attend counseling. AZ DOC V Janis Perry 22 Ensuring Justice State v. Rogelio Gutierrez AZ Department of Corrections P hoenix Police Office Jason Schechterle, back on patrol after returning from a call, was stopped at a red light between the intersection of 20th Street and Thomas. Before the light turned green, Rogelio Benavides Gutierrez, driving a taxi cab, rear-ended Officer Schechterle at a speed of 115 mph. The patrol car immediately burst into flames. Officer Schechterle, burned over 40 percent of his body, was pulled from his car by a fast-acting fire crew stopped at the same intersection. license application, swearing he had no medical conditions which would impair his ability to drive a motor vehicle. He sought occupations where he was required to drive. Further investigation revealed that Gutierrez was involved in five other seizure-induced crashes, documented by paramedics at each of the scenes. His medical records showed he repeatedly denied taking medication, missed followup appointments, intermittently took his prescription Dilantin and when symptoms increased, failed to seek proper medical care. Gutierrez claimed the near-fatal crash was an accident resulting from an unexRogelio Gutierrez pected, unpreventible seizure. Blood samples taken from Gutierrez 45 minutes after the crash showed no presence of alcohol or illegal drugs, but indicated a small amount of Dilantin, an anti-seizure medication. He ignored the warning signs, failed to take his medication, and even lied to hide his disorder. Gutierrez’s actions crossed over the line from negligence to criminal conduct. After a 12-day trial, a jury found the defendant guilty of Aggravated Assault, a class 2 dangerous felony and Aggravated Assault, a class 3 dangerous felony. On May 10, 2002, the defendant was sentenced to 12 years in prison. Rogelio Gutierrez suffered from seizures for years, yet he lied on his Arizona driver’s Jason Schechterle Photo courtesy of Jason Schechterle Officer Jason Schechterle sustained second-, third- and fourth-degree burns to over 40 percent of his body. He has undergone over three dozen surgeries within the past three years and is expected to undergo at least a dozen more. The accident, which took so much from Jason, could not destroy his iron will. Since the accident, he has carried the Olympic Torch, thrown out the first pitch at an Arizona Diamondbacks game and met with President Bush. He also has become an outspoken activist regarding Ford Crown Victoria Police Interceptor car fires, a safety defect responsible for the death of 16 officers around the country. He regularly speaks to school students, burn victims and police officers about his experiences. Jason still works for the Phoenix Police Department as a homicide detective. Officer Jason Schechterle’s squad car (pictured left and below) is barely recognizable after being hit by a taxi driven by Rogelio Gutierrez. The gas tank of Schechterle’s Ford Crown Victoria exploded, engulfing both cars in flames. In July 1995, County Attorney Romley was able to create a paralegal division and staff it with credentialed professionals. As of December 2003, the Paralegal Division had 102 full-time paralegals and 40 volunteer interns. As a group, they form an immensely valuable resource for the office. W ithin a short time of taking office, County Attorney Rick Romley realized that due to the county’s population explosion, attorney workloads were increasing while the county was experiencing tight fiscal constraints. He looked for costeffective ways to increase the technical staff to assist attorneys in case preparation. Hiring paralegals was a first choice, but fiscally impossible. As FYI: an alternative, County Attorney Romley created an internship program using paraThe Maricopa legal student volunteers, who worked in County Attorney’s exchange for college credits. This highly Office has over successful volunteer program is still in 1000 employees use. In any given year, volunteer interns and volunteers. donate nearly 15,000 hours and are a valuable auxiliary force in the office. In 1992, the Maricopa County Attorney’s Office received an award from the National Association of Counties (NACo) for its volunteer paralegal program. Paralegal Division Fawn Barnes Barnes, who joined the Maricopa County Attorney’s Office in 1987, was the second paralegal hired to work in the Maricopa County Attorney’s Office. She started in what is now known as the Division of County Counsel, working with attorneys in public sector law. For more than a decade, she has served as Chief of the Paralegal Division. F awn Barnes, a career paralegal in the Maricopa County Attorney’s Office, and Division Chief of the Paralegal Division since its inception, became the first public sector employee to be named Paralegal of the Year, an award sponsored by LexisNexis Document Solutions and presented by the National Federation of Paralegal Associations in Washington, D.C. This national award is given annually to a paralegal who contributes to the expansion of the profession. Division Chief Named National 2001 Paralegal of the Year Commenting upon the value of the electronic courtroom, Rick Romley said, “We are able to give the evidence a face.” The Maricopa County Attorney’s Office has participated in ongoing efforts to integrate and share data among county criminal justice agencies. These efforts ensure that critical information is easily accessible to prosecutors, judges and defense counsel at key points in the criminal justice process. A s computer technology improved, County Attorney Rick Romley recognized its potential to facilitate case processing and record-keeping. By the mid 1990’s, his office was the first county agency to have a personal computer on each employee’s desk. Gone were the typewriters and carbon paper. Gone were the index cards used to track case files. New software — now taken for granted — allowed the office to handle increasing caseloads more efficiently and was a springboard for further advances. n the past 10 years, the County Attorney’s Office has been on the leading edge of utilizing technology in the courtroom to enhance prosecution. Gone are the flip charts and handdrawn crime scenes and diagrams of the past. Replacing these are state-of-the-art electronic visual presentations integrated with audio recordings of 911 calls, or crime scene reenactments that convey complex and multi-layered information to jurors. To assist the prosecutor in presenting graphic evidence with strong visual impact, groundbreaking techniques — such as transferring a murder victim’s wounds onto a nondescript body sketch — help the jury understand the chronology and severity of a victim’s wounds. I Advancements in Computer Technology Electronic Courtroom MARICOPA COUNTY ATTORNEY’S OFFICE “The dog ate my homework,” is a classic laugh-provoking excuse offered, though rarely accepted, by young and not so young children. In the context of a criminal case, a defendant will come up with what can only be described as the bizarre defense: “Eating Twinkies made me do it,” “A message from the Lord made me do it,” or in the case of Scott Falater, “I did not know what I was doing because I was sleepwalking.” State v. Scott Falater Y armila Falater’s drowning death was witnessed by a neighbor, who upon hearing noises, silently peered over the shared fence and saw a horrible crime in progress. Minutes after the neighbor placed the 9-1-1 call, paramedics pulled Yarmila’s lifeless body from the backyard pool, her torn and bloody clothes a telltale sign of the 44 knife wounds beneath. Yet, the stab wounds had only paralyzed her. The water which filled her lungs killed her. Her husband, Scott Falater, freshly showered by the time police arrived, had packed the knife and his bloody clothes in a Scott Falater immediately following Tupperware container his arrest. and hidden them in the wheel well of his car before rolling his wife’s lifeless body into the swimming pool. He might have killed Yarmila, he told police, but he doesn’t remember a thing — he was sleepwalking. Sleepwalking, a defense similar to the claim of temporary insanity, suggests that the accused was not in his normal state of mind when he committed the act; therefore, any harmful actions committed while in this state cannot be criminal. Investigators find bloody clothes and a knife in a plastic container in the trunk of Scott Falater’s car. Challenging this bizarre defense was no simple matter. The prosecutor in this case studied the police reports, including gruesome photos of the crime scene, and researched sleep disorders in depth. His conclusion was that Scott Falater murdered his wife in a conscious and willful manner, not in a sleepwalking state. In May 1999, more than two years after the brutal death of Yarmila, State v. Scott Falater went to trial. The jury didn’t buy the sleepwalking defense. Falater was convicted of murder and sentenced to life imprisonment. 23 24 Ensuring Justice When most people think of prosecutors, they think of passionate arguments delivered to packed courtrooms before stone-faced judges, or attorneys pouring over enormous volumes of case law in preparation for trial. Few people know that behind every good prosecutor are specialists trained in technology to assist the prosecutor. These specialists include detectives who use high-tech electronics to gather evidence, courtroom litigation specialists who create powerful computer presentations for use in court, support personnel who electronically input all case information, and programmers who create customized software applications where none exist. Technology also comes into play in scientific advances, such as DNA analysis. When Rick Romley began his first term as Maricopa County Attorney in 1989, the office of 350 employees had few technological resources. In fact, said County Attorney Romley, “We had almost nothing.” The criminal divisions shared one fax machine, a few copy machines and many legal documents were still being prepared on typewriters utilizing carbon paper. Legal research was done manually from hardbound books. Providing employees with the appropriate technology to perform their jobs with optimum efficiency is a continuing priority for County Attorney Romley. “We haven’t just kept up with technology, we’ve been on the leading edge,” he said. The prosecution of Mark Bogan utilized cutting edge technology. State v. Mark Bogan AZ Department of Corrections A woman’s body was discovered in a remote desert area of Maricopa County. Sheriff’s deputies had a suspect but he claimed he was nowhere near the scene on the night in question. The prosecutor broke new ground in this case, utilizing DNA technology in an innovative way. The DNA sample from the Palo Verde tree at the scene matched the DNA from seed pods found in the suspect’s truck parked at his home. The case, State v. Mark Bogan, with its Mark Bogan, in a unconventional evidence was revolution2000 mugshot ary in 1992. It was the first time that DNA evidence from a non-human source was used in a criminal case, and it was the key to a successful conviction. Bogan was accused of murdering a female hitchhiker in an area known as the Caterpillar Proving Grounds. Bogan maintained that he had not been to the Caterpillar Proving Grounds for 15 years. Scratches on Bogan’s face, and the fact that a witness spotted a truck as it pulled away from the scene, convinced deputies there was more to the story. The “smoking guns” were the two seed pods found in the back of the defendant’s truck. University of Arizona scientists performed a test on the seed pods and were able to match their DNA to the Palo Verde tree at the scene of the crime. The jury and judge accepted the evidence and the defendant was convicted. He is serving a life sentence in prison. This groundbreaking decision had international impact and has influenced the admission of non-human DNA evidence around the world. MARICOPA COUNTY ATTORNEY’S OFFICE O n the stage at this year’s Drug Free AZ Superstar Search an amazing trend was validated — fifty of the state’s most talented teens pledged to be forever drug free. They sang, danced, tapped, drummed, rapped and even cooked, performing their anti-drugs to an energized crowd. in major newspapers across the country. The program successfully met its goal to reduce the demand for illegal drugs while increasing public awareness about the dangers of drug use. Touted by many community leaders, it became a national model for drug-prevention programs across the country. Grinning from ear to ear, County Attorney Rick Romley sat behind the judges’ table, enjoying the result of 16 years of striving to reduce illegal drug use in our community. In response to changing societal dynamics, the demand reduction program evolved. County Attorney Romley remained committed to reducing the demand for drugs and created a new program in cooperation with the Partnership for a Drug-Free America. County Attorney Romley challenged the notion that illegal drug abuse is a victimless crime. Undeniably, crime and drugs are inextricably linked as witnessed daily by those in law enforcement. Drug use is the underlying cause in many crimes, including assault, theft, domestic violence and murder. As a career prosecutor, County Attorney Romley not only observed the impact drug use has on the criminal justice system, but the devastating effect drugs have on families and the community. He pledged to do something about it. In the late 1980’s the country was experiencing an epidemic in recreational drug use. In March 1989 — after less than 100 days in office — County Attorney Romley unveiled the “Do FYI: Drugs. Do Time.” program, In 2003, Drug Free AZ designed to reverse the preran more than vailing permissive attitude 5,000 public service toward drugs. The program announcements on utilized a three-pronged local television. approach that combined the efforts of law enforcement, treatment and public education to reduce the demand for drugs. The “casual drug user” was the target of the “Do Drugs. Do Time.” advertising campaign, which emphasized zero tolerance for drug users as well as accountability to the courts and society. The “Do Drugs. Do Time.” program garnered national recognition when it was featured on primetime news and In February 2002, the Maricopa County Attorney’s Office launched the Drug Free AZ program. This program placed an emphasis on educating the public, parents and their children about the dangers of substance abuse. The Drug Free AZ slogan, “Drugs Destroy Dreams” promoted a drug-free lifestyle enabling kids to reach their goals. With funding provided by the Maricopa County Attorney’s Office drug diversion program, Drug Free AZ has been able to promote drug awareness through its comprehensive web site, television and radio advertisements and numerous community events. Partnerships with the Arizona Diamondbacks, the Arizona Chapter of the American Academy of Pediatrics, and local law enforcement agencies have further empowered Arizona’s demand reduction effort. Although its ‘look’ has changed over the years, the demand reduction program remains dedicated to its mission — to prevent drug use by our youth and to engage parents in conversations with their children about drugs. Seventynine percent of teens stated that in recent months their parents have had a conversation with them about drug use. The Maricopa County Attorney’s Office drug prevention efforts are working! 27 28 Moving Beyond the Courtroom In just two years, Drug Free AZ becomes a household name On February 11, 2002, a new program made its debut in the drug prevention world. Drug Free AZ started with a simple message: Drugs Destroy Dreams. According to a recent survey, that message is being heard, loud and clear. Vital conversations between parents and kids about drugs have increased to 55%, up from 42% two years ago. In addition, 83% of kids know what Drug Free AZ is and recognize the FYI: “world” logo. “Critics say we can’t Drug Free AZ has received win the drug war but several awards, including “National Best of the Web,” these numbers say we awarded by the Center for can,” said Maricopa Digital Government, and a County Attorney Rick “2004 Achievement Award,” Romley. “Every time a from the National parent talks to a child Association of Counties in about the dangers of recognition of an innovative drugs, and that child program that enhances chooses not to do drugs, county government. it’s a win.” The Drug Free AZ program includes a comprehensive web site, which has information for children of every age, parents, teachers and businesses. In March 2002, the Drug Free AZ web site saw just over 2,000 visitors. By October 2003, more than 50,000 visitors were visiting the site each month. The program also features classroom presentations for every grade, antidrug talent competitions and events, successful partnerFYI: ships with organizations such as the Arizona Diamondbacks and This web site — drugfreeaz.com — Harlem Globetrotters, and the contains valuable Handy Helpful Handbook, a guideinformation about book for parents on how to talk to drugs and how their kids about drugs no matter parents may the age. The Handbook has been address the requested by parents as far away problem. as Indonesia. But the most important aspect of the Drug Free AZ program is that it has grown into a popular catalyst for parents and kids to talk about the dangers of drugs. Every time a child says no to drugs, we all win. A student at Bethune Elementary in Phoenix celebrates a visit of the monster truck Grave Digger. The monster truck visit was a reward for the students’ hard work in Drug Free AZ’s year-long classroom curriculum program. Children — with the help of their parents — sign a Drug Free Pledge and draw their anti-drug at the 2004 Scottsdale Arts Festival. Over 120 kids participated, making a big, colorful Drug Free Pledge Quilt. Drug Free AZ in the Community Drug Free AZ’s community projects have been popular with residents of Maricopa County. Over the last two years, Drug Free AZ has held numerous events targeting specific populations to inform people about the dangers of drug abuse. For example, in order to promote healthy drug-free lifestyles among teens, Drug Free AZ developed a Teen Film Festival and also holds its annual Superstar Search looking for kids with talents that keep them drug free. Also, Drug Free AZ is constantly seeking ways to reach parents with information on how they can talk to their children about drugs. Community events such as the Arizona’s Family Women’s Expo, the Scottsdale Arts Festival, numerous school festivals and Drug Free AZ’s own Parents Forum allow the program to interact with more than 100,000 parents and caregivers throughout the year. MARICOPA COUNTY ATTORNEY’S OFFICE 29 C ounty Attorney Rick Romley has recognized that, while enforcing the law is critical to our safety, it is only one aspect of a strong community. Over the years, he has consistently supported efforts that enhance our community and reduce the incidence of drug use and crime. In the early 1990’s, County Attorney Romley was a leader in developing innovative strategies that promote vibrant and safe communities. One of the programs he initiated used funds seized from drug dealers under RICO forfeiture statutes. Police departments and prosecuting offices historically have used RICO funds to further law enforcement efforts. Under County Attorney Romley’s leadership, the Community Grants Program was developed to provide grants to programs that addressed drug and gang prevention. The first such grant was given to the Arizona Commission on the Arts for its A.P.P.L.E. Corps Program (Artists, Private Enterprise, Prosecutors, Law Enforcement, and Educators). This program combined arts with after-school programs having an anti-drug message. In 1994, County Attorney Romley testified before the United States House of Representatives about this program and encouraged other agencies to use their RICO funds in support of crime prevention programs. 100 Black Men of Phoenix A Music Academy for Children Aim Right Alwun House Foundation Anti-Defamation League Area Agency on Aging Arizona Commission on the Arts, A.P.P.L.E. Corps Program Arizona Narcotics Officers Association Arizona National Guard, Project Challenge Arizona SADD County Attorney Rick Romley shows his office to the members of a local Boys and Girls Club. The Boys and Girls Club organization is one of the many RICO Grant recipients. "It is important for law enforcement to work on the front end of criminal justice," said County Attorney Romley. "I can think of nothing better than to take the ill-gotten gains from drug dealers — who have taken so much from our community — and give that money back to the community." Ten years later, the success of the community grant program is evident. Since 1993, the Maricopa County Attorney’s Office has granted nearly $3 million to youth groups, neighborhood associations and other community organizations that encourage youth achievement and discourage substance abuse and gang involvement. A partial list of these organizations follows: Arizona State University, Westside Prevention Project Arizona Voice For Crime Victims Arizonans for a Drug Free Youth Block Watch Advisory Board Boys and Girls Club of the East Valley Boys and Girls Club of Metro Phoenix Buckeye Valley Chemical Abuse Capitol Weed and Seed Career Concepts for Youth Carl Hayden Community Youth Center Central Arizona Shelter Services Cesar Chavez Community School Chandler Alliance Against Drugs ChildHelp USA Christown YMCA Community Excellence Project Community Forum, Release the Fear Crossroads Youth Intervention Program Deer Valley Towne Center Block Watch Downtown Urban Community Kids Drugs Don't Work in AZ (continued on next page) 30 Moving Beyond the Courtroom Drug Elimination Family Awareness Program Espiritu Community Development Corp. Faxnet1 Federation of Parents for Drug Free Youth Florence Crittenton Services Friendly House Friends of the Phoenix Public Library Garfield Elementary School Gila Bend Rotary Club Golden Gate Community Center Greater Coronado Neighborhood Association Hayden Park Association Hermosa Community Association Homebase Youth Services Homeward Bound Humanities Association Improving Chandler Area Neighborhoods Kids at Hope Las Salas Martin Luther School Association Maryvale UNITE Neighborhood Association Mothers Against Gangs NAILEM National Conference for Community and Justice Neighborhoods USA New North Town Fight Back Association Northwest Block Watch Coalition, Inc. Parents of Murdered Children, Valley of the Sun Chapter Peer Solutions Phoenix Block Watch Advisory Board Phoenix Community Alliance Phoenix Parks and Recreation Phoenix Prep Academy Phoenix Youth at Risk Safe Haven, Inc. Salvation Army Scottsdale Center for the Arts Scottsdale Cultural Council Scottsdale Prevention Institute Sevilla Neighborhood Association Sunnyslope Village Alliance Teen Lifeline Teen Substance Abuse Tomahawk Village Block Watch G Project S.C.R.U.B. allows youth to perform community service by cleaning parks and painting over graffiti. raffiti and slums are more than just eyesores for a neighborhood. They are qualityof-life issues that can affect an entire community. By working with neighborhood and legislative leaders, the Maricopa County Attorney’s Office has ensured that not only will these issues be addressed and improved, but those responsible for such blight will be held accountable. Laws and regulations now in place in Arizona guarantee serious consequences for graffiti vandals and greedy slumlords. In 1995, graffiti crime was growing exponentially in the Valley. It was an “in” thing for youths and gangs to compete in spray painting FYI: Grants given b y the Marico pa Cou nty Att orney ’s Office t o comm u nity youth p rogram s have enabled thousa nds of children to part ic ip ate in after-sc hool, ch a r a cter develop ment p rogram that dis s courag e drug and ga u se ng part icipatio n. United Firefighters Association Uptown Sunnyslope Block Watch Valle Del Sol, Inc. Violence Prevention Initiative Westmarc Westwood Community Association Wilson Coalition graffiti on public and private property. County Attorney Rick Romley attacked the problem head-on, directing prosecutors to request sentences for convicted vandals of at least two days in jail, full restitution to victims, loss of driver’s license for juvenile offenders, and 80 hours of community service. To ensure the latter, he spearheaded Project S.C.R.U.B. (Stop Crime Remove Urban Blight) through which youth performed their community service by painting over graffiti, cleaning parks, and building fences along roads. An educational booklet was developed and distributed to schools throughout Maricopa County to educate youth about the effect of graffiti. A City of Phoenix ordinance was put into effect, requiring retailers to store spray paint and colored markers out of customers’ reach so that vandals could not steal them. MARICOPA COUNTY ATTORNEY’S OFFICE Within two years of this effort, graffiti was reduced by 70% in Maricopa County. Slumlords who exploit the poor and violate housing and health codes are another serious problem in Maricopa County. Under County Attorney Romley’s leadership, a Slumlord Task Force of county, city and federal agencies was put together to revise and strengthen existing slum laws. After that, the task force established a list of some of the worst properties in Phoenix and went about persuading property owners to bring these properties up to code. This very successful program has since been replicated in Tempe and Glendale. Since this program was initiated, numerous properties have been improved and crime was reduced significantly in the affected neighborhoods. In a few cases, slum conditions were so bad, and landlords so uncooperative, that prosecutions were necessary. Among the most significant were State v. Sherwin Seyrafi and State v. Nile Theater. The “broken windows” theory of law enforcement teaches that graffiti can cause neighborhoods to look run-down and uncared for. Not only do property values plummet, an environment is created which fosters crime and promotes fear, apathy and a feeling of helplessness among residents. State v. Sherwin Seyrafi AZ Department of Corrections S herwin Seyrafi’s properties were notorious for housing and health code violations such as faulty wiring, cockroach infestations, toilets and sinks overflowing with sewage, and lack of air conditioning. Seyrafi ignored all citations and bad publicity generated by the media. He continued to rent his properties to people, most of whom signed rental agreements on the basis of pictures of the properties when they were in much better condition. Requests for return of deposits were denied, forcing many families to live in Sherwin Seyrafi unsafe and unsanitary apartments. Repair work was seldom, if ever, completed. The Maricopa County Attorney’s Office charged Seyrafi with fraudulent schemes and artifices based on his leasing practices and multiple counts of health code violations. The United States Attorney’s Office, who partnered in the investigation and prosecution of Seyrafi, charged him with tax fraud, social security fraud and bankruptcy fraud. A plea agreement — the first of its kind against a slumlord — was entered in Superior and Federal Court. Seyrafi was sentenced to one year in federal prison and forever prohibited from owning property in Arizona. This highly publicized sentence continues to have an impact on local landlords. Housing inspectors report that landlords are increasingly cooperative and make housing repairs more quickly. Several have said, “I don’t want to end up like Seyrafi.” 31 32 Moving Beyond the Courtroom State v. Nile Theater T he Nile Theater billed itself as a teen club in the heart of downtown Mesa. Teenagers between the ages of 13 and 18 went there for raves and other events. Parents thought it was a safe environment because no alcohol was served. They did not know that club drugs such as Ecstasy and GHB were sold and used at the Nile as if they were candy. Violent crime was common at the Nile. The Mesa Police Department made at least 140 police reports over a three-year period and considered the Nile their number one crime problem. Traditional law enforcement methods, including undercover sting operations, failed. The Community Action Bureau took a new approach using criminal abatement laws passed in the 1990’s making property owners responsible for taking reasonable steps to prevent crime on their properties. It was shown that the club owners, who were prominent Mesa citizens, knew about the ongoing crime at the Nile and did nothing to stop it. A permanent injunction was issued requiring the owners to hire licensed security personnel to supervise and patrol the parking lots, and report any criminal activity to the police. Within weeks, the Nile Theater closed its doors and leased the building to a church. Club drugs such as Ecstasy and gamma hydroxybutyic acid (GHB) were openly sold and consumed at the Nile Theater. The Community Action Bureau of the Maricopa County Attorney’s Office is involved in a variety of community projects, including neighborhood clean-ups, courthouse tours for youth, career days at Valley schools and many special community events. The bureau also distributes educational materials to Valley schools and organizations, and attorney staff members regularly give educational talks at neighborhood meetings about the justice system. MARICOPA COUNTY ATTORNEY’S OFFICE T he Division of County Counsel is the civil arm of the Maricopa County Attorney’s Office. Its function is to provide comprehensive legal services to the county, its officers and political subdivisions. Serving as legal counsel to approximately 70 departments, boards, commissions and agencies, County Counsel is responsible for advising these clients on the laws that apply to their operations. This ensures that county government not only enforces civil law, but also follows the law. County Counsel serves a large and diverse clientele, including the Maricopa County Board of Supervisors, Maricopa County Integrated Health System, Animal Care and Control, Stadium District, Elections Department, Solid Waste Management, County Assessor, Environmental Services, Parks and Recreation, and Adult Probation. (A complete list of County Counsel clients is on the next page.) A recent survey of County Counsel’s clients, conducted by Maricopa County Research and Reporting, gave County Counsel a 97% overall approval rating. Sumitomo Sitix: When city and state governments courted silicon-wafer manufacturer Sumitomo Sitix to locate its new factory in Northeast Phoenix, neighbors expressed concern about property values and potential air pollution from the production facility. When plumes of opaque emissions and a rotten egg smell began to permeate the area, an investigation confirmed numerous violations of environmental laws. After lengthy mediation, Sumitomo paid a fee of more than $330,000. Since being penalized, the company — now known as SUMCO — has met or exceeded required standards. Maricopa County Stadium District / Bank One Ballpark: During 1993-94, intense negotiations took place between the Maricopa County Stadium District and owners of the Arizona Diamondbacks over financing for the major league baseball stadium to be built in downtown Phoenix. The Division of County Counsel of the Maricopa County Attorney’s Office was the attorney for the Stadium District and won a “hard cap” on public monies that could be spent on Bank One Ballpark. This resulted in a savings to Maricopa County citizens of more than $100 million when construction costs exceeded estimates. 35 36 Serving Our Citizens List of County Agencies, Boards and Commissions Represented by the Division of County Counsel (Maricopa County Attorney’s Office) AGENCIES Planning and Development Adult Probation Public Defender Animal Care and Control Services Public Fiduciary Assessor Public Health Board of Supervisors Recorder Chief Administrative Officer Research and Reporting Clerk of the Board of Supervisors Risk Management Clerk of the Court Sheriff's Office Community Development Solid Waste Management Constables Stadium District Correctional Health Services Superintendent of Schools County Attorney Superior Court Administration Emergency Management Telecommunications Employee Compensation Transportation Environmental Services Treasurer Equipment Services Facilities Management BOARDS AND COMMISSIONS Finance Board of Adjustment Flood Control Citizens Advisory Audit Committee Health Care Mandates Citizens Jail Oversight Committee Human Resources Corrections Officers Retirement Plan Human Services Deferred Compensation Committee Information Technology Facilities Review Committee Intergovernmental Affairs Maricopa County Employees Merit System Internal Audit Commission Justice Court Services Maricopa County Law Enforcement Officers Juvenile Probation and Detention Maricopa Hospital and Health System Board Library District Parks and Recreation Commission Maricopa Integrated Health System Planning and Zoning Commission Materials Management Public Housing Board Medical Examiner Public Safety Personnel Retirement for Parks Office of Communications Office of Contract Counsel Office of the Legal Advocate and Recreation Public Safety Personnel Retirement System Boards Office of the Legal Defender Trails Commission Office of Management and Budget Transportation Advisory Board Parks and Recreation MARICOPA COUNTY ATTORNEY’S OFFICE E very day thousands of checks are written for goods and services in Maricopa County. Some of these checks will be written with fraudulent intent. Collectively, victims of bad checks lose millions of dollars each year in Maricopa County. It is the job of the Check Enforcement Program of the Maricopa County Attorney’s Office to see that bad check writers make good on their checks and that victims receive payment in full. Local merchants, small businesses, large retailers, contract workers and indi- viduals may submit bad checks for collection through the Check Enforcement Program. FYI: Since it s incep tion, th Check E e nforcem ent Program has coll ected and ret urned m o re than $1 5 millio n to victim s. Those who have written bad checks are first given the opportunity to pay the amount owed plus processing fees without facing criminal charges. Failure to do so will result in a criminal complaint being filed in a local justice court. The Check Enforcement Program sponsors an educational program to help prevent future losses to retailers. Free training sessions are offered to merchants on ways to reduce or eliminate bad check losses, and how to detect forgery devices used by bad check writers. The Check Enforcement Program pays for itself with fees charged to the bad check writer. It files more than 2,000 complaints a year and handles more than 15,000 checks. More than $1.5 million is returned to victims annually. Victims pay no fees and receive full restitution upon collection. Checks like these can cost merchants and individuals millions of dollars a year. The Check Enforcement Program makes it possible for victims to recover their money. 37 By combining prosecution, diversion and education, the Check Enforcement Program works hand-in-hand with the community to save everyone money. 38 Serving Our Citizens I n an office where we see so much violence and tragedy, the Adoption Bureau of the Maricopa County Attorney’s Office reminds us of the many good people in our community who adopt children and provide loving homes for them. For the past 15 years, the Adoption Bureau has played a unique and special role in facilitating uncontested adoptions. This free service provided by the Adoption Bureau includes preparation of the necessary legal paperwork, adoption petition filing and “It is heartwarming to find people who are willing to undertake the responsibility of raising and providing for children in need of a family.” adoptions are made possible with adoptive parents paying only the court filing fee and adoption agency fees. In the last four years, more than 1,100 adoptions have been finalized, an average of 290 adoptions each year. In conjunction with National Adoption Day, the Bureau holds a Celebrate Adoptions annual event one Saturday in November. On that day, more than 50 children will be adopted into loving homes. “The cornerstone of a stable society is the family,” County Attorney Rick Romley said. “It is heartwarming to find people willing to undertake the responsibility of raising and providing for children in need of a family.” – County Attorney Rick Romley representation of adoptive parents during court proceedings. In addition, the Bureau handles temporary custody matters, and prebirth or post-birth matters. Uncontested adoptions of all types, including agency placement, relative adoptions, international, and private The Maricopa County Attorney’s Office Adoption Bureau is privileged to provide services to prospective adoptive families in Maricopa County. Adoption Bureau employees frequently receive photos, like the one above, from families they assist. MARICOPA COUNTY ATTORNEY’S OFFICE 39 Speakers Bureau I n 1990, County Attorney Rick Romley created the Speakers Bureau in response to the community’s desire to better understand a complicated criminal justice system, the prosecutor’s role, and crime prevention. In each of the past two years the popular Speakers Bureau program sent more than 100 deputy county attorneys, victim advocates, paralegals and detectives to schools, civic groups and community organizations. Through our Speakers Bureau program, we are able to share behind-the-scenes knowledge with the community as volunteer speakers are matched to requests based on their expertise and ability to address one or more of the following topics: • Identity Theft • Computer Crime • Gang Crime • Vandalism and Graffiti • Vehicular Crime and Auto Theft • Sex Crimes • Scams Against the Elderly • Community Crime Prevention and Block Watch • Attorney, Paralegal or Victim Advocate Career Information • Overview of the Adult and Juvenile Criminal Justice Systems Special Assistant County Attorney Barnett Lotstein at a recent speaking event. The Speakers Bureau program has expanded through the years and continues to be well received. Our goal is to consistently provide useful and timely information about the criminal justice process and topics of concern to citizens within Maricopa County who want to know what they can do to prevent crime in their community. 40 Serving Our Citizens Citizens’ Academy Attorney Romley. The group then proceeds to Superior Court to observe the morning calendar in a state-of-the-art electronic courtroom. Next, participants put on the county attorney’s hat and make a charging decision in a hypothetical, yet controversial, criminal case. In this way, they experience firsthand the many factors considered by the prosecutors who sit on the Incident Review Board, a group that considers difficult and complex cases prior to making a charging decision. County Attorney Rick Romley greets the Citizens’ Academy participants. I t is common to see on television or hear on the radio that the Maricopa County Attorney is filing charges against a defendant. But few people know or understand the process leading to such an announcement, including the questions of what was involved in investigating the case, what evidence was considered and how did the County Attorney decide whether to file charges. Recognizing the public’s interest in learning more about the criminal justice system, County Attorney Rick Romley created the “Citizens’ Academy” in 2002. Academy attendees conclude the morning with a tour of the office conducted by in-house detectives who introduce them to investigative technologies used on the street and litigation tools used in the courtroom. A lunchtime presentation on DNA analysis is given. Near the end of the day, participants are escorted to the Training Academy of the Phoenix Police Department where they simulate actual conditions faced by police officers on the street by utilizing the Firearms Training Simulator (FATS). A recent Citizens’ Academy graduate said, “The process is more involved and complicated than it appears on television. The quality and volume of work performed for our community is amazing.” Once a month, attendees are welcomed to the academy with a personal word from County Phoenix Police Crime Lab Latent Print Examiner Robert Miller demonstrates how teeth and bone matter fluoresce when illuminated by the Alternate Light Source (ALS) machine. Citizens’ Academy attendees get the chance to use a police-issue weapon at the Phoenix Police Academy shooting range. MARICOPA COUNTY ATTORNEY’S OFFICE 41 Maricopa County Attorney’s Office Internet Web Site I n 1989, the Office had one fax machine and typewriters were used for all legal documents. In just five short years, computers connected to a network had replaced typewriters and the first laptop computer was used in court by one of our prosecutors. By 1998, all computers in the Office had not only e-mail, “Our Internet web site helps explain the criminal justice process and enhances the public’s ability to learn about and communicate with our office.” – County Attorney Rick Romley but access to a complete Intranet (internal) web site with legal reference materials, phone directories, staff training opportunities and much more. By 1999, the entire office was linked through a sophisticated network, and the public was able to learn about and communicate with the Maricopa County Attorney’s Office through its new state-of-the-art Internet web www.maricopacountyattorney.org. site By 2002, the popular Internet web site received a total of 146,500 hits or “web site visits,” which seemed like an amazing number at the time. As the web site FYI: became more user-friendly and the quantity of information The Maricopa County available increased, hits Attorney’s Office web increased to 255,840 in 2003. site receives nearly Citizens were logging on to e250,000 visitors per mail their questions directly to year, an average of the County Attorney or to 685 per day. The mostaccess information regarding accessed section on the following: the web site is the • Crime Statistics Criminal Case • Frequently Asked Questions Process section. • Criminal Case Process • Victim Services (in Spanish as well as English) • Community Programs • Press Releases and Publications • Criminal Justice Links to State, National and Victims Services Agencies By giving victims and other citizens quick access to the information they need, the Maricopa County Attorney’s Office has kept the lines of communication open, allowing the quality of community life in Maricopa County to thrive. 42 Moving Beyond the Courtroom Paul Ahler Carol McFadden Chief Deputy Executive Chief Paul currently serves as the Chief Deputy of the Maricopa In Carol’s capacity as Executive Chief of the Maricopa County Attorney’s Office, where he oversees the operation of County Attorney’s Office, she is responsible for the overall legal and non-legal staff for the largest law firm in the State management of the Support Staff, Information Technology, of Arizona. In addition to having direct supervision of 10 Administrative Services, and Training and Development division chiefs, Paul is responsible for the staffing of high Divisions, as well as the Research, Planning and profile and complex cases. Development Bureau. Prior to coming to the office, he was a City of Phoenix Carol started her career with the office in 1980 when she was Assistant Prosecutor for more than four years, assigned as a hired as a Victim Witness Advocate. Within four years, she trial attorney, training attorney and Team Leader. Before became the Victim Witness Coordinator, and in 1985 was becoming Chief Deputy of the Maricopa County Attorney’s promoted to Division Chief of the Victim Witness Division, Office in 1993, Paul was assigned to various positions with- a position she held for 10 years. In this capacity she was in the organization. From 1984 through 1986 he was responsible for overseeing programs providing victim assis- assigned to the Criminal Trials Division, handling a general tance, victims’ rights and victim compensation services to caseload with a special emphasis on prosecuting sex crimes. victims of crimes prosecuted by the Maricopa County From 1986 through 1988, he was assigned to the Homicide Attorney’s Office. Carol was also responsible for developing Bureau where he prosecuted a number of high profile mur- legislation and providing legislative testimony on issues der cases. In 1989 he served as Division Chief for Criminal impacting victims of crime, and was instrumental in estab- Trials before being assigned as Division Chief for the lishing the Valley of the Sun Chapter of Parents of Murdered Southeast Division in 1991. In 1992, Paul became the Children and the Arizona Crime Victims’ Coalition. Division Chief for the Major Crimes Division where he oversaw the Homicide, Sex Crimes, Organized Crimes and Gang/Repeat Offender Bureaus. Immediately prior to assuming the position of Executive Chief in July 2001, Carol served as Special Assistant responsible for the formulation of policy issues impacting the Paul has served on panels for the State Bar and for APAAC County Attorney's Office, the criminal justice community dealing with DUI prosecutions and ethical considerations for and the public. She was responsible for developing family criminal justice practitioners. He has lectured at ASU Law violence and demand reduction programs within the office School on various criminal justice issues as well. He has which enhanced prosecution efforts. As Special Assistant, served as a member of the Executive Council of the Criminal she also administered the RICO Community Grants program, Justice Section of the Arizona State Bar and as a member of which continues to provide financial assistance to worthy the Arizona Attorney General’s Capital Case Commission. community agencies operating substance abuse preven- He has been appointed by APAAC to the Arizona Child tion/intervention or gang prevention/intervention programs. Fatality Team and by the Arizona Supreme Court to the Arizona State Bar Board of Governors. Paul was recognized as the Maricopa County Prosecutor of the Year for 1987-88, 1988-89 and again in 1992-1993. Paul is a 1975 graduate of Purdue University and a 1978 graduate of the ASU College of Law. Carol received her Bachelor’s in Social Work from Colorado State University and a Master’s of Social Work with an emphasis in Planning, Administration and Community Development from Arizona State University. She is also a graduate of Valley Leadership, Class XIX. MARICOPA COUNTY ATTORNEY’S OFFICE Richard M. Romley Maricopa County Attorney 1989–2004 Nationally recognized as a leader in addressing criminal justice issues, Rick Romley is in his fourth elected term as the Maricopa County Attorney. Operating from the nation’s fourth most populous county, Rick has dedicated himself to finding ways to enhance the quality of justice available through the criminal legal system, and to improving the services provided to victims. He has testified before the United States House of Representatives and the Senate in Washington, D.C., on issues of violent crime, terrorism, drug trafficking, youth violence, public corruption and victims’ rights. He has also authored a number of articles and essays, including one entitled, “There Are No Civilized Crimes.” Rick has championed many prosecution and reform policies. In the early 1990s, he successfully prosecuted AzSCAM, the largest public corruption case in Arizona’s history. His anti-drug diversion program was adopted as a national model by the President’s Drug Advisory Committee. He helped Arizona become one of the first states to pass a constitutional amendment guaranteeing rights to victims during the criminal justice process. He played a leading role in rewriting Arizona’s Criminal Code. This resulted in legislation known as “Truth-inSentencing,” which requires convicted criminals to serve their full sentence. Rick was a prominent figure in the drive to reform Arizona’s juvenile justice system. He was a key sponsor of the Violence Prevention Initiative, an effort to develop a comprehensive, long-term strategy to prevent violent Rick Romley with his wife, Carol. crime. For these efforts, Rick has been the recipient of numerous awards, including the National Leadership Award, presented in Washington D.C. in 1997. A strong believer in the development of community-based policies that enhance Dozens of volunteers and marchers gather around the Maricopa County Attorney’s Office float entry for the 2003 Veterans Day Parade. 43 44 Moving Beyond the Courtroom public safety, Rick has been an effective voice in legislative and policy reform in areas involving the safety and protection of those whose situation makes them vulnerable to exploitation and abuse, including children, women caught in a cycle of domestic violence, and the elderly. Rick’s approach combines tough law enforcement for chronic offenders with crime prevention programs targeted at the young. The results speak for themselves in the dramatic decrease in graffiti, blight and substandard living conditions. All of these problems, when left untreated, foster an environment for crime. Continuing a 100year Arizona family tradition, Rick and his wife, Carol, live in Scottsdale. They have three sons: Darin, David and Aaron. Rick, born in Tucson in 1949, joined the United States Marine Corps as a youth and served as a squad leader in Vietnam until wounded. Rick Rick and Carol Romley relax at their Scottsreceived numerdale home. ous medals, including the Purple Heart. In 2001, Rick received two additional distinguished national awards for his service in defense of our country: America’s Presidential Unsung Hero Award, and the National Outstanding Disabled American Veteran of the Year Award. Rick also was featured in the 2003 book, The Price of Their Blood: Profiles in Spirit, by Jesse Brown and Daniel Palmer. In the book, Rick recalled the life-changing experiences he had while serving his country in Vietnam. This year (2004), Rick received the Morton Bard Award from the National Organization for Victim Assistance, in recognition of outstanding contributions to the victims’ rights movement. Upon returning from Vietnam, Rick enrolled at Arizona State University, graduating with honors in 1974 with a Business Management degree. After graduation, he owned and operated a A young Rick Romley during his tour retail business. Five of duty in Vietnam with the USMC. years later, he sold the business, enrolled in law school at Arizona State University and received his Juris Doctor in 1981. Since then, he has committed himself to a career in public service. Rick Romley takes pride in being an innovative, aggressive prosecutor dedicated to improving the quality of life for the citizens of Maricopa County. Rick Romley was featured in the chapter “The War at Home,” in the 2003 book, The Price of Their Blood: Profiles in Spirit. Farewell Reflecting upon my 16 years as County Attorney, the first thoughts that come to mind are what an honor and privilege it has been to serve you, the citizens of Maricopa County. I shall be forever grateful for the opportunity and for the trust that you have placed in me. The work of the county attorney is important, and one particularly important aspect of it concerns victims. For them, the criminal justice system can be a complicated and intimidating maze. Getting through it at a time when they are already under severe stress is difficult. Victims rightfully place their trust in the county attorney to look after them during the lengthy prosecution process. I have no higher priority than to validate their trust. I came into office with a list of priorities for raising the office to a level of performance and professionalism that would match or exceed any prosecuting office in the country. I have never wavered from this vision or let any obstacle interfere with it. I can honestly say that I have never worked harder in my life nor enjoyed anything more. And in the end, the Maricopa County Attorney’s Office has become a model of excellence. Of course, I did not transform the office alone. Beginning with an encompassing mission statement and a dedicated staff, we set about creating an environment within which employees could, and did, excel. Despite the ever increasing demands to do more with less, we purchased and upgraded equipment that increased our research, investigative and courtroom litigation capabilities. Our overriding goal has been to maintain the integrity of the criminal justice system and to enhance the quality of community life. I am keenly aware that credit for our success belongs to the fine men and women who work here — the attorneys, paralegals, detectives, victim advocates, special assistants, secretaries and clerical staff. They have performed admirably. The one certain thing about holding elected office is that at some point the office will change hands. So, from the beginning, I have focused on the goal that my successor would inherit a strong organization, rich in talent and experience, ready and eager to further the cause of justice. Looking ahead to my own future, I intend to continue to be an active voice in the challenges facing law enforcement and the criminal justice system, such as forensics, continued reform of Child Protective Services, drug prevention and prison capacity. Once again, I am very proud of the office that I have led for so many years and I thank the citizens of Maricopa County with all my heart for their faith and confidence through four consecutive terms. Sincerely, Richard M. Romley Maricopa County Attorney Farewell “Our own immediate future may depend upon the living we make, but the future of America depends upon the life we live and the service we render.” ~ William Boettcher National Commander of AMVETS Rick and his wife, Carol, ride atop the 2003 Veterans Day Float. Armando C. Albarran, presents Rick Romley with the Nation’s Outstanding Disabled Veteran of the Year award in 2001. At Arizona’s Vietnam memorial in Wesley Bolin Plaza, Rick Romley points to the name of his friend, David Schaffer, who died in Vietnam. Rick Romley jokes with his son, David, during an interview. David is a captain in the U.S. Marines. To Contact the Maricopa County Attorney’s Office: Downtown Phoenix (main number) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 W. Jefferson Street • Phoenix, AZ 85003 (602) 506-3411 Southeast Facility (main number) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 E. Javelina, Suite 2400 • Mesa, AZ 85210 (602) 506-2400 Juvenile Division Eastside Office (main number) . . . . . . . . . . . . . . . . . . . 540 W. Iron Avenue, Suite 110 • Mesa, AZ 85210 (480) 962-8002 Juvenile Division Westside Office (main number) . . . . . . . . . . . . . . . . . . 3131 W. Durango Street • Phoenix, AZ 85009 (602) 372-4000 Wells Fargo facility (main number) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 W. Washington, 21st Floor • Phoenix, AZ 85003 (602) 372-7350 Division of County Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 N. Central Avenue, Suite 1100 • Phoenix, AZ 85004 (602) 506-8541 E-mail us via our online E-mail Form: http://www.maricopacountyattorney.org Important Phone Numbers: Adoption Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (480) 962-8002 Community Action Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-3411 Drug Free AZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-7630 Kids in Court Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-8522 Media Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-3411 Speakers Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-7799 Victim Compensation Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-4955 Victim Services Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-8522 Graffiti Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 262-7327 Hate Crimes Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-5000 Illegal Dumping Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 506-3867 Slumlord Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (602) 372-7586 MARICOPA COUNTY ATTORNEY’S OFFICE RICHARD M. ROMLEY Maricopa County Attorney 2004 ANNUAL REPORT