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Case 2:07-cv-02513-GMS Document 1563 Filed 11/18/15 Page 1 of 8

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF ARIZONA

Manuel de Jesus Ortega Melendres,


et al.,
Plaintiffs,
vs.

Joseph M. Arpaio, et al.,


Defendants.

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No. CV 07-2513-PHX-GMS
Phoenix, Arizona
October 2, 2015
9:12 a.m.

SEALED PROCEEDINGS

REPORTER'S TRANSCRIPT OF PROCEEDINGS


BEFORE THE HONORABLE G. MURRAY SNOW

(Evidentiary Hearing Day 10 - Sealed Proceedings)

FR
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Court Reporter:

Gary Moll
401 W. Washington Street, SPC #38
Phoenix, Arizona 85003
(602) 322-7263

Proceedings taken by stenographic court reporter


Transcript prepared by computer-aided transcription

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A P P E A R A N C E S

For the Plaintiffs:


American Civil Liberties Union Foundation
Immigrants' Rights Project
By: Cecillia D. Wang, Esq.
39 Drumm Street
San Francisco, California 94111
American Civil Liberties Union Foundation
Immigrants' Rights Project
By: Andre Segura, Esq.
125 Broad Street, 18th Floor
New York, New York 10004

American Civil Liberties Union of Arizona


By: Daniel J. Pochoda, Esq.
P.O. Box 17148
Phoenix, Arizona 85011
Covington & Burling, LLP
By: Tammy Albarran, Esq.
1 Front Street, 35th Floor
San Francisco, California 94111

Covington & Burling, LLP


By: Stanley Young, Esq.
By: Michelle L. Morin, Esq.
333 Twin Dolphin Drive, Suite 700
Redwood Shores, California 94065

For the Defendant Maricopa County:


Walker & Peskind, PLLC
By: Richard K. Walker, Esq.
By: Charles W. Jirauch, Esq.
SGA Corporate Center
16100 N. 7th Street, Suite 140
Phoenix, Arizona 85254

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Case 2:07-cv-02513-GMS Document 1563 Filed 11/18/15 Page 2 of 8


SEALED PROCEEDINGS - 10/2/15 Evidentiary Hearing

For the Movants Christine Stutz and Thomas P. Liddy:


Broening, Oberg, Woods & Wilson, PC
By: Terrence P. Woods, Esq.
P.O. Box 20527
Phoenix, Arizona 85036

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A P P E A R A N C E S

For the Defendant Joseph M. Arpaio and Maricopa County


Sheriff's Office:
Iafrate & Associates
By: Michele M. Iafrate, Esq.
649 N. 2nd Avenue
Phoenix, Arizona 85003
Jones, Skelton & Hochuli, PLC
By: A. Melvin McDonald, Jr., Esq.
By: John T. Masterson, Esq.
By: Joseph T. Popolizio, Esq.
2901 N. Central Avenue, Suite 800
Phoenix, Arizona 85012

For the Intervenor United States of America:


U.S. Department of Justice - Civil Rights Division
By: Paul Killebrew, Esq.
950 Pennsylvania Avenue NW, 5th Floor
Washington, D.C. 20530
U.S. Department of Justice - Civil Rights Division
By: Cynthia Coe, Esq.
601 D. Street NW, #5011
Washington, D.C. 20004

For Executive Chief Brian Sands:


Lewis, Brisbois, Bisgaard & Smith, LLP
By: Greg S. Como, Esq.
2929 N. Central Avenue, Suite 1700
Phoenix, Arizona 85012
For Brian Mackiewicz:
Sitton Nash
By: Alexandra Mijares Nash, Esq.
301 W. Warner Road, Suite 133
Tempe, Arizona 85284

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Case 2:07-cv-02513-GMS Document 1563 Filed 11/18/15 Page 3 of 8


SEALED PROCEEDINGS - 10/2/15 Evidentiary Hearing

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SEALED PROCEEDINGS - 10/2/15 Evidentiary Hearing

(Bench Conference.)

MS. IAFRATE:

09:12:13

Your questions yesterday were regarding

the investigation of Detective Mackiewicz?


THE COURT:

Um-hum.

MS. IAFRATE:

Lieutenant Swingle is in the courtroom.

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He has informed me that the person that he met with regarding

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the investigation at the AG's office is Paul Ahler.

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THE COURT:

Um-hum.

MS. IAFRATE:

He was supervised by Don Conrad, and now

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the case agent, or the person handling it over at the AG's

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office, is Joe Waters.

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THE COURT:

09:12:33

Okay.

Lieutenant Swingle.
MS. IAFRATE:
THE COURT:

Is it "Swingle"?

Swingle, lieutenant.

I think I said "lieutenant."

MS. IAFRATE:

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You get to come right up here.

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THE COURT:

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09:12:21

You did.

You did.

09:12:46

And speak right there, that's a

microphone.

What is the status of your investigation of

Detective Mackiewicz?

09:12:57

LIEUTENANT SWINGLE:

Right now we have all the

interviews that we've completed thus far.

completed.

Is that it?

LIEUTENANT SWINGLE:

Everything's

We're waiting for some subpoenas to be returned.

THE COURT:

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SEALED PROCEEDINGS - 10/2/15 Evidentiary Hearing

Unless something becomes of those

subpoenas and it goes off in another direction.

we're waiting on right now is the subpoenaed records to come

back.

THE COURT:

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And Paul Ahler's handling this at the

09:13:17

LIEUTENANT SWINGLE:

Paul Ahler, and our contact there

is Joe Waters.

THE COURT:

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Um-hum.

Have you contacted Mr. Waters to see what the status

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of the subpoenas is?

09:13:30

LIEUTENANT SWINGLE:

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Not with him.

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back.

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Mackiewicz and one for Sergeant Anglin.

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THE COURT:

Okay.

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THE COURT:

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LIEUTENANT SWINGLE:

The other ones are in process.

All right.

09:13:45

But do you know how many

subpoenas there were?

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LIEUTENANT SWINGLE:

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THE COURT:

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They are coming

We've thus far, I believe, received three on Detective

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That's all

attorney general?

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09:13:08

Probably six to eight.

Would you do me this favor?

And I don't

know if you're the one that -- one to do it, or Ms. Iafrate, if

09:13:56

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SEALED PROCEEDINGS - 10/2/15 Evidentiary Hearing

you'd rather do it, but would you contact Joe Waters and see if

he has any feeling that this investigation needs to stay

confidential for some reason or whether the evidence has been

gathered.

LIEUTENANT SWINGLE:

THE COURT:

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Yes, sir.

And would you report back to me as soon as

you possibly can?

LIEUTENANT SWINGLE:

THE COURT:

THE COURT:

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Yes, sir.

And that would mean today.

LIEUTENANT SWINGLE:

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Yes, sir.

09:14:16

Thank you, sir.

Is that all right with you, Ms. Iafrate?

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MS. IAFRATE:

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THE COURT:

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That's fine.

All right.

You can -- thank you, sir.

My view on that is, of course, to protect

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Detective Mackiewicz's rights.

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hearing, and as I think Chief Deputy Sheridan indicated

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yesterday, much of this was already made --

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Detective Mackiewicz was already aware of it.

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09:14:24

We had Ms. Nash here in the

In terms of balancing the confidentiality of the

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ongoing investigation in light of the awareness of it, I'm not

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sure that that overrules the public interest and right to hear

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what we had yesterday, but I don't want to be precipitous on

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that.

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09:14:10

So I would propose that in light of the expected

09:14:48

09:15:00

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SEALED PROCEEDINGS - 10/2/15 Evidentiary Hearing

touching on matters that may touch on matters at the end of

Sheriff Arpaio's testimony, we can see if we can make a ruling

at that time.

But I would anticipate before I do make a ruling on

that allowing you, Ms. Nash, you, Ms. Iafrate, Mr. Masterson --

for that matter, any other party, plaintiffs or anybody else,

who believes that there's a compelling interest in maintaining

what was discussed yesterday under seal -- to make that

argument.

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So does anybody object to proceeding in that fashion?

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Does anybody feel like they have a compelling reason to keep

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what was said yesterday under seal or --

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I do, Your Honor.

09:15:31

Until we get some

information, can we just put this in abeyance?


THE COURT:

I'm happy to do that as long as we can do

it as expeditiously as possible, and that means today.


MS. IAFRATE:
THE COURT:

Understood.

All right.

(Proceedings omitted.)

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MS. IAFRATE:

09:15:17

Thank you.

09:15:50

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SEALED PROCEEDINGS - 10/2/15 Evidentiary Hearing

C E R T I F I C A T E

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I, GARY MOLL, do hereby certify that I am duly

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appointed and qualified to act as Official Court Reporter for

the United States District Court for the District of Arizona.

I FURTHER CERTIFY that the foregoing pages constitute

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a full, true, and accurate transcript of all of that portion of

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the proceedings contained herein, had in the above-entitled

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cause on the date specified therein, and that said transcript

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was prepared under my direction and control.

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DATED at Phoenix, Arizona, this 3rd day of October,

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2015.

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s/Gary Moll