Affidavit Versus Goliath

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

I also believe that Director Hendershott was less than truthful when he testified that there were no promises given to witnesses in exchange for their testimony against Mark Battilana, testified that the transfers of Deputies McGuire and Tupper were part of a reorganization going on within the Sheriff's Office. Deputies Tupper and McGuire's transfers were when several other transfers were done so their transfers did not look suspicious.

I believe Jadel Roe was not truthful in the appeal hearing when she testified that she made the decision to appoint me as the Internal Affairs investigator of Mark Battilana. As I stated above, I believe it was actually Director Hendershott who made that decision.

On or about July 1996, I explained to Jadel Roe that it was going to look suspicious that Deputies Tupper and McGuire received favorable transfers after their statements and actions taken against Mark Battilana. Chief Deputy Roe told me that she would just take care of it.

Once I was assigned as the Internal Affairs investigator of Mark Battilana, I received phone calls from David Hendershott on a daily basis. Director Hendershott wanted to know what witnesses were saying about Mark Battilana. I was instructed that I was to contact Director Hendershott and advise him on a daily basis as to what witnesses were saying.

After I interviewed witnesses, I would update Director Hendershott on what the witnesses had to say. If certain witnesses did not have negative information about Mark Battilana, Director Hendershott told me that these people were not being truthful and that we needed to threaten to polygraph these individuals. Director Hendershott also stated that "Those assholes better start telling the truth or we will fire them."

I believe that Director Hendershott wanted to target Jay Ellison in an effort to terminate him because John Kleinheinz convinced Director Hendershott that Jay Ellison was a dime dropper.

Director Hendershott also told me that we need to "See how many dime droppers we can get rid of at the same time." I believe that Director Hendershott thought that Jay Ellison was a dime dropper.

Director Hendershott ordered that I was to make the Battilana investigation as broad as possible so that I could catch as many people as possible in the "net." Director Hendershott told me that "the droppers are going to learn that if you fuck with the Sheriff you die."

Also, on or about May or June 1996, Sheriff Arpaio told me that he wanted the Internal Affairs investigation of Mark Battilana to get as many dime droppers as possible. Sheriff Arpaio referred to the Internal Affairs Department as the "Internal security."

At the direction of Dave Hendershott, I was to make up a list of department employees who in Director Hendershott's view were not being cooperative in the Mark Battilana investigation. I was, in an effort to threaten and intimidate these employees, ordered to polygraph them. I was then ordered to take this list to Jadel Roe and get polygraphs ordered for Jay Ellison, D. Smith, Dave Head, Mike Igiliski, Chris Pasciuti, John Whelan, Roy Reyer, Paul Mason, Dave Taylor and Todd Waite. When I presented this list to Chief Deputy Roe, she told me that if we polygraphed all these people, this would look like a "witch hunt." Chief Deputy Roe then asked me which ones would really be germane for the polygraphs. Chief Deputy Roe told me that she would talk with the Sheriff and Dave Hendershott about the appearance of polygraphing all of these people.

After I had interviewed several witnesses about Mark Battilana, I told Chief Deputy Jadel Roe that I really did not believe that I had obtained any information which would warrant serious discipline. However, Chief Deputy Roe instructed me to continue with the Internal Affairs investigation.

Director Hendershott was obsessed with the investigation of Mark Battilana. In fact, I thought it was highly unusual that Director Hendershott, on several weekends, met with attorney Ronald Lebowitz who was handling the appeal hearing of Mark Battilana. Director Hendershott had not conducted any of the interviews and had not been investigating the matter. I believe that he would have had very limited knowledge that would have assisted attorney Lebowitz. Also; during the appeal hearing of Mark Battilana, Director Hendershott ordered that I call him every day after the hearing and advise him as to what occurred in the hearing.

In preparation of the Mark Battilana appeal hearing, Director Hendershott felt that Les Nutting was not cooperating in providing negative information about Mark Battilana. Therefore, I was present when attorney Ronald Lebowitz told Director Hendershott that Les Nutting should be videotaped at his office and that Director Hendershott should be present in an effort to intimidate Les Nutting and get negative testimony against Mark Battilana. Director Hendershott agreed that he would sit in on the video taping in an effort to further intimidate Les Nutting.

Thereafter, a video of Les Nutting was taken at Ronald Lebowitz' office. Director Hendershott was present during this video taping. The purpose of the video tape was to intimidate Les Nutting into cooperating against Mark Battilana.

During the video-taped interview Les Nutting was very upset. This video-taped interview took place in November or December of 1997. After the video taped interview, Les Nutting asked if he could speak with Director Hendershott outside of Ron Lebowitz's office. After Director Hendershott met with Les Nutting, Director Hendershott came back into attorney Lebowitz's office and was laughing about how Les Nutting was in fear of losing his job and how their effort to intimidate him had been successful.

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