Affidavit Versus Goliath

A former lieutenant accuses top sheriff's officials of misconduct in firing of "dime dropper" deputy

During this highly unusual pre-Internal Affairs investigation of Mark Battilana, Director Hendershott told me that he had convinced Sheriff Arpaio to assign me as the Chief Investigator of the Mark Battilana Internal Affairs investigation.

Director Hendershott told me that "We need a shark with a killer instinct so we get the results we want." Director Hendershott told me that he did not want to actually tell Chief Deputy Roe about this undercover investigation of Mark Battilana. Again, I knew that this was highly unusual and improper. However, the message was very clear to me from Director Hendershott that if I did not cooperate my future with the Sheriff's Office would not be good. Therefore, I continued.

During the undercover operation, which was being conducted by Deputy Gary McGuire, Director Hendershott called me on an almost daily basis to tell me to instruct Deputy Gary McGuire as to what type of information Deputy McGuire needed to get on Mark Battilana in order to get Mark Battilana out of the Sheriff's Office.

Astoundingly, Director Hendershott then told me to tell Deputy Gary McGuire and Deputy Dale Tupper that, if they cooperated in getting negative information on Mark Battilana the Sheriff's Office would assign them to whatever position they wanted in the Sheriff's Office. It was clear to me that Deputies Tupper and McGuire were being offered special assignments in exchange for their cooperation against Mark Battilana. Again it was also made clear to me that if I did not cooperate that I may be forced out of the Sheriff's Office as well.

Thereafter, I told Deputies Tupper and McGuire that Director Hendershott advised me to tell them that they would receive the assignments of their choice if they developed a case against Mark Battilana.

Deputy Gary McGuire said that he wanted to be in the Selective Enforcement Unit. (Lebowitz's affidavit says there is no such unit.)

Deputy Tupper said that he wanted to be in the Aviation Unit.
On or about July 1996 I received a telephone call from Deputy Chief Jesse Locksa who stated that Director Hendershott had ordered Deputy McGuire to be transferred to the Selective Enforcement Unit. Deputy Chief Locksa told me that he did not have any positions open for Deputy McGuire in the Selective Enforcement Unit (Property Crimes). Deputy Chief Locksa asked me whether Deputy McGuire would like a different specified position which I believe was in the Special Investigations Unit.

I called Deputy McGuire to ask him if this alternative assignment would be acceptable to him. Deputy McGuire told me that he would really rather be in the Selective Enforcement Unit. I contacted Deputy Chief Locksa and told him that Deputy McGuire really preferred to be in the Selective Enforcement Unit (Property Crimes). Deputy Chief Locksa told me that this was really not possible. Deputy Chief Locksa told me that he would contact Director Hendershott directly to explain why this position could not be offered to Deputy McGuire.

During the pre-Internal Affairs investigation when Deputy McGuire was acting as a mole Deputy McGuire went over to Mark Battilana's home on the pretext of a social visit. Deputy McGuire and Mark Battilana also went to the Arizona Center that same evening. This encounter was staged. This was a further effort at the direction of Director Hendershott for Deputy McGuire to get negative information about Sergeant Battilana.

Director Hendershott was consumed with Deputy McGuire getting negative information on Mark Battilana. On one occasion, during the pre-Internal Affairs investigation, Deputy McGuire took a personal trip to Texas. Director Hendershott ordered that when Deputy McGuire was in Texas he was to continue to call Mark Battilana and get information that could be used against him. Director Hendershott instructed me to tell Deputy McGuire that the Sheriff's Office would pay for the long distance phone calls from Texas.

After the pre-Internal Affairs investigation, Director Hendershott ordered that Deputies Tupper and McGuire write memos which would be damaging to Mark Battilana. At this time, Deputy McGuire was living at Deputy Tupper's home. These memos, which were very damaging to Mark Battilana, were typed up on Deputy Dale Tupper's home computer. However, Deputy Tupper's printer was not functioning properly. Therefore, Deputies Tupper and McGuire put these memos on a disk and gave the disk to me to print out on my home computer. After I received these memos, I called Director Hendershott and told him that I had the statements from Deputies Tupper and McGuire. Director Hendershott told me that he wanted to review these statements to make sure that there would be enough in them against Mark Battilana before the statements were given to Chief Deputy Jadel Roe. I again thought that this was highly unusual because I knew that normally when allegations are made against an employee the allegations go to that employee's direct supervisor rather than to the head of Internal Affairs.

Director Hendershott told me that he wanted to meet me at Seventh Street and McDowell in the parking lot at the Circle K headquarters. Director Hendershott told me that he did not want anyone to see him with Bob Wetherell and that is why we were meeting at a secret location at Seventh Street and McDowell. At this time, I had not yet been formally assigned as the Chief Investigator in the Internal Affairs investigation of Sergeant Battilana.

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