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August 12, 2010

Court Permits Release of Grand Jury Materials:

Reco rds Show Allegations Against County Officials Brought by Sheriff Arpaio and
Former County Attorney Andrew Thomas Were MeritIes5

Today, County Attorney Rick Ramley announced that his office has obtained a court order permitting
the release of Grand Jury materials. The materials show that the allegations against several individuals
targeted by the Maricopa County Sheriffs Office and former County Attorney Andrew Thomas were
meritless and that the Grand Jury ernpanelled to review the evidence against those individuals in fact
voted to "end the inquiry," When a Grand Jury votes to end the inquiry it means that, after all the
evidence has been presented, there is no probable cause to bring an indictment and additional evidence
and/or witnesses will not make a difference, The Grand Jury in fact voted more than four months ago to
end the inquiry, yet the individuals accused were never informed, and the Sheriffs Office, specifically
Chief Deputy David Hendershott, has continued to publicly assign criminal guilt to those individuals.

In early July, David Hendershott delivered a letter to Maricopa County Risk Manager Peter Crowley
threatening to release "all of the evidence" against these individuals. Hendershott also held a media
conference and issued a press release threatening to disclose "investigative findings of raj criminal
probe of Maricopa County Board of Supervisors and senior county managers." At this point, the
Maricopa County Attorney's Office had specific knowledge that the Grand Jury had voted to end the
inquiry. Given the secrecy surrounding Grand Jury proceedings, a party seeking to disclose the contents
of such an investigation is legally required to obtain court approval prior to doing so.

In the interest of justice, the MCAO requested judicial consent to unseal the t ranscripts, exhibits, and
other matters relating to the Grand Jury proceedings and, after obtaining consent to disclose this
information from the individuals that were the subject of the investigation, a Greenlee County Superior
Court judge ruled that "it would be in the furtherance of justice" to unseal and disclose the Grand Jury
matters and directed the Maricopa County Attorney to do so without undue delay.

Romley stated, "This miscarriage of justice stops now. It is so clearly improper, unethical, and corrupt
for a law enforcement officer to imply - publicly and repeatedly - that his political enemies are the
subject of an ongoing criminal investigation, to threaten to release evidence of this alleged criminality,
and to continue to smear the names of these individuals in order to intimidate, retaliate, and bully them
into submission, and I will not stand idly by as County Attorney and allow this to continue. It may be
judges or elected officials who are targeted today, but tomorrow it could be anyone of us. This has been
about persecution - not prosecution. I have forwarded this material to the U.S. Attorney's Office for
review in connection with their ongoing abuse of power investigations of the Maricopa County Sheriffs
Office and the Maricopa County Attorney's Office. The citizens of Maricopa County should be outraged."

• December 9. 2009: Deputy County Attorney Lisa Aubuchon charged Judge Gary Donahoe with
three felony counts of hindering prosecution, obstructing a criminal Investigation, and bribery of
a public servant The charges were filed via direct complaint, and a preliminary hearing was
scheduled in Pinal County Superior Court on January 5, 2010.
• January 4 2010; Aubuchon began a Grand Jury presentation involving two matters;
- Illegal use of public monies to conduct sweeps for electronic listening devices (the "bug
sweep investigatlon j , targeting Andrew Kunasek. then-Chairman of the Board of
Supervisors ; Sandi Wilson, Deputy Maricopa County Manager; and Stephen Wetzel, Chief
Information Officer of Enterprise Technology for Maricopa County.
- Illegal conspiracy to hinder prosecution and obstruct a criminal investigation (the "court
tower investigation"), targeting Judge Gary Donahoe; David Smith, Maricopa County
Manager; and Thomas Irvine, a private attorney retained by the Board of Supervisors,
Testimony was taken on January 4. Detective Tim Abrahamson of the MCSO was the primary
witness on the "bug sweep investigation," and Chief Deputy David Hendershott of the MeSO was
the primary witness on the "court tower Investigation." The Grand Jury agreed to reconvene on
January 6, 2010.
• January 5 2010: The Preliminary Hearing in Pinal County Superior Court relating to charges
against Judge Donahoe was s tayed.
• .anuary 6 . 2010: The Grand Jury was advised by the MCAO that there was a new development
and a request was made to recess the Investigation, The Gra nd Jury decided not to recess, and
directed the MCAO to provide weekly status updates on the investigation, which it did.
• March 3. 2010: Aubuchon appeared before the Grand Jury and:
- Advised them of the stay in the Judge Donahoe case and the court's disqualification of the
MCAO based on a conflict of interest in another matter;
- Requested that the Grand Jury return the matter to the MCAO for a special prosecutor,
when appointed, to determine how to proceed;
- The grand jurors asked for their other options and were informed they could ask for a
draft indictment, end the inquiry, or call for more witnesses; and
- The Grand lury voted to end the In qulD'.
- Ending the Inquiry means that the Grand Jury determines after the evidence bas
been presented that there Is no probable cause and that addttlonal evidence
and/or wimesses wlll not make a difference.
• March 201 0: Gila County Attorney Daisy Flores agreed to reView other criminal matters.
• April 2 2010: Deputy County Attorney Aubuchon submitted a request to Gila County Attorney
Flores to review the "bug sweep investigation." No mention was made of the Grand Jury vote
to end the Inquiry.
• April S. 2010; Gila County Attorney Flores returned the "bug sweep Investi gation~ indicating
that she did not agree to review it as a conflict matter.
• April 16. 2010: Rick Romley was appointed County Attorney.
• April 30. 2Ql0: Counsel to the MeSO sent a letter and several Investigative summaries to the
U.S. Departm ent of Justice requesting that they conduct an investigation Into what was
described as corruption in Maricopa County government The "bug sweep investigation" and
the "court tower Investigation" summaries were Included. These summanes did Dot disclose
that the Grand Jury had already voted to end the inquiry.