Complaint Review: City Of Mesa/county Attorney - Mesa Arizona

East Valley residents, for decades, have noted that the

Maricopa County Attorney's office and the stalwart crooks

at the Mesa, Arizona Police Department have manufactured

thousands of bogus "cases", out of public view, in the

soft embrace of political correctness, to "make their

bones", rather than pursue the sea of drug use, murder,

and violent crime in which Mesa and most of the East Valley is immersed. It's easier to get crack cocaine and methampetamine in downtown Mesa, for example, than it is to find a decent lunch, and with some 1200 police employess, if one isn't in the "right" neighborhood with the correct nepotistic and otherwise depraved connections, one can count on NO police services unless it's convenient.

Yet, their helicopters (their idiotic "Air Arm")

will keep you awake at 4 a.m. while they spy on a young

couple groping each other on a quiet side street...I guess they like that kind of photo.

Here's a little accredited information on the sleazy

and demented means by which "porn" is treated...note that

none of the police here got anything more than a wrist slap from the esteemed (and LDS) city manager, but the kid...well, never let it be said the Maricopa County Attorney's office knows anything about fairness or honesty. Look at the Brown and Markley case to find out just how rotten they are, and have been for decades. It's all covered in other reports here. This is cut and paste stuff, not for paid redistribution. Note the sources:

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(quick note: Mesa Police were found to have thousands of

sexually explicit and racist and otherwise at least moderately disgusting e-mails sent and/or received on paid city time, and some officers received mild punishment. But these spoiled brats are not content with that! Note that no one in Mesa City Government has ever even suggested reforming this department, and doing away with their more every day crimes, like perjury, obstruction of justice, concealment or destruction of exculpatory evidence, and little annoying

details like the murder of Mario Madrigal. But dirty

pictures? Why, THAT'S SERIOUS!!! )

......................

Mesa Officers Want Suspensions Rescinded

MESA, Ariz. -- More than 60 city police officers disciplined in an e-mail scandal last year are taking Mesa to court.

The 62 officers and two police civilian employees claim City Manager Chris Brady overstepped his bounds in doling out their punishment and they are challenging Brady's implementation of a disciplinary process created after the offenses occurred.

They are asking for the city to rescind their suspensions and give them back pay and attorneys' fees.

In paperwork filed Monday in Maricopa County Superior Court, the employees and officers question Brady's authority to punish them instead of allowing the police department to handle the discipline.

Brady declined to talk about the matter due to the ongoing litigation.

City spokesman Steve Wright forwarded all inquiries to City Attorney Debbie Spinner, who said: "We feel the actions of the city were appropriate in this case."

The citywide investigation into a year's worth of e-mails was prompted by a sexual harassment claim. Officials found several e-mails contained inappropriate content, from insensitive jokes to sexually explicit information.

The review resulted in the discipline of 521 city workers, including 266 at the police department. Punishments included written reprimands and suspensions ranging from 16 hours to 240 hours.

======================

Now, here's what happens when prosecutors get ahold

of something a little bit similar, from an area (non-LDS)

citizen. Oh. And note the. "Because we can!" remark.

It's the same one this corrupt monsters used in the

infamous Brown and Markley cases, and hundreds of other

fake and fraudulent cases. Too bad crimes like obstruction

of justice aren't taken seriously in this silly-a____ed

venue, or these drips would be themselves incarcerated!

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FOXNews.com - Overzealous Porn Prosecution Tramples Accused's Rights -

Tuesday, January 23, 2007

By Wendy McElroy

Matt Bandy is the Arizona teenager who, until

recently, faced 90 years in prison

for having nine images of child porn

on his computer. Matt is also a reminder of

why the Bill of Rights championed

due process--the procedural rights of a

defendant in the legal arena.

Due process was not championed as a

protection against false accusations by a

victim but as a shield against abusive

prosecution by the State. The Founding

Fathers knew that people sometimes lie

but their focus was to limit the power by

government.

Power corrupts.

The ability to arrest and imprison another human being is an

immense power that is held in bounds by principles

based on common sense and

common decency. The principles allow an

accused to defend himself: for example,

the right to confront witnesses.

Why should Matt Bandy's case serve

as a reminder of these protections?

For two years, he endured a legal prosecution

that cost his family over

$250,000; they are now broke, and their

nightmare is ending only because the

case caught the attention of the media.

ABC News program 20/20 covered the

story, likely spurring other reporters

to take interest.

(Story continues below)

Column Archive

Overzealous Porn Prosecution Tramples Accused's Rights

In Retirement, Kofi Annan Should Leave World Peace to Others

In Child Porn Case, Technology Entraps the Innocent

In Duke Rape Case, Accused Fight Back

Judge's Book Fans Flames of Culture War

Full-page ifeminists Archive

Video

Bill O'Reilly Interviews Judge

As C/Net reported, "After being contacted

by reporters, the Maricopa County

Attorney's Office offered the boy a plea bargain."

The charges were dropped from nine felony

counts that carried a life sentence

down to three "class 6 undesignated felonies"

with no jail time. Class 6

felonies are "non-dangerous, non-repetitive

offenses under the criminal code."

The ?crime' to which Matt ultimately

pleaded guilty was showing a Playboy

magazine to some 16-year-old classmates.

His conviction may be the first of its

kind in America. Being in possession of a

Playboy is legal, but a teenaged boy

who shows it to a buddy now risks being

arrested as a sex offender.

Nevertheless, the plea bargain allowed

County Attorney Andrew Thomas to tell ABC

News that "this defendant did plead guilty

in a court of law."

The extraordinary reduction in Matt's

charges hinged on a forensic analysis of

his computer. Exculpatory forensics revealed

that the nine images were probably

downloaded without his knowledge onto his

hard drive by a virus. Viruses with

this capability are alarmingly common

and can invisibly infect an operating

system when someone clicks on an email

attachment or the ?wrong' (not

necessarily adult) website.

Last year, during the height of the Mocbot

worm, an estimated 265,000 computers

were infected daily.

Matt's attorney vigorously sought to have

forensic analysis performed on the

computer, which was in possession of the police.

With equal vigor, the District

Attorney's office (called the County

Attorney's office in Arizona) blocked

access even though the defense had a

legal right to examine evidence.

Court records reveal repeated requests

for such disclosure.

Forensic analysis of computer files is

akin to ballistic testing of a gun or DNA

analysis of semen from a rape sample. If

a defendant is guilty, then the

forensics will bolster or prove the charges.

If the defendant is innocent, then

the results are essential to establishing a defense.

In a telephone interview, Matt's father explained,

"I don't argue that they [the

police] didn't have a right to come

with a search warrant but I can't understand

not giving someone a right to defend themselves."

As it was, the defense conducted forensic tests

only after a court ruling gave

them access. Even then the County

Attorney's office appealed the lower ruling to

the Arizona Supreme Court, which

refused to hear the case. The lower court's

ruling stood.

(Citing the Bandy case, the CyberCrime Law site advises, "The Department of Justice has released a 137-page "Investigations Involving the Internet and

Computer Networks" manual aimed at local

(and unsophisticated in fighting

cybercrime) law enforcement units?This manual

comes after several local law

enforcement agencies bungled some high-tech

investigations. "

The prosecution's refusal to conduct

forensic analysis is only one indication of

overzealous prosecution. Consider two other indications.

First, the execution of the original search

warrant, at 6 a.m., on Dec. 16,

2004. Matt's mother Jeanne Bandy described

the scene at the Bandy home on a web

site dedicated to the case.

"There were about ten police. They

made me and my kids go outside where we

huddled together, frightened?My husband, Greg?was

asleep upstairs with earplugs

in. They pulled Greg (an emergency room

physician) out of bed at gunpoint," the

web site quotes Mrs. Bandy.

Second, upon being charged, Matt was

required to wear an electronic bracelet on

his ankle to track him 24 hours a day.

Third, despite disagreement from the probation

department, "sex offender terms"

were attached to Matt's ?Class 6' probation. The "terms" severely restricted how close he could come to a minor.

In a recent phone interview, Matt stated that

one of the first questions his

probation officer asked was whether a minor

was living in the Bandy household.

Because Matt's sister Katie is 15 years old,

there was a possibility Matt could

not live at home.

When Matt asked about a planned family

trip to Disneyland, the officer forbade

him to go. Matt was ordered to "not even

think about anything Disney," he said.

Upon hearing this, Katie boxed up her

Disney movies for fear that having them

out would hurt her brother; an open search warrant

allows authorities to search

the house at will.

When Matt requested permission to attend church,

he was told that the priest had

to provide prior, written approval that

reflected his understanding Matt was a

sex offender. Matt was also required to sit

in a separate pew away from

children. He has not attended church since.

The "sex offender terms" were finally lifted

by court order. When Prosecutor

Daniel Strange reiterated the child

pornography charges, the judge admonished,

"I'll just note for the record, as you were

negotiating the plea agreement here,

the reason why this agreement took place

is because you couldn't prove the

things you just alleged now."

Why was the boy pursued so zealously?

Jeanne calls it "a witch hunt" fueled by

two factors: Thomas campaigned for office

on a promise of being tough on sex

offenders; and, he needs a high

conviction rate in that area.

The real answer, however, may be the

one Matt's attorney reportedly received

when he asked the County Attorney's office,

"Why are you doing this?"

According to Jeanne, he answered, "Because we can."

Wendy McElroy is the editor of

ifeminists.com and a research fellow for The

Independent Institute in Oakland, Calif. She is

the author and editor of many

books and articles, including the new book,

"Liberty for Women: Freedom and

Feminism in the 21st Century" (Ivan R. Dee/Independent Institute, 2002). She lives with her husband in Canada.

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If you're a Maricopa County citizen, you're paying

taxes to support these criminals. And YES, that's MESA

PD and the MARICOPA COUNTY ATTORNEY'S office. Time

to clean up! Ever hear the word "reform", Arizona?

How about "PURGE"?

Jim

Mesa, Arizona
U.S.A.

Click here to read other Rip Off Reports on Mesa Arizona