Black and White -- and Over

A state panel again supports a judge's right to speak his mind

At first, Linn said that she, too, couldn't offer Ivey legal advice -- after all, she'd prosecuted the guy! -- but then added, "Maybe he'd be better off if he just says what he did."

Ivey did just that, confessing that he and another man first had convinced the victim to let them into his parents' gated compound while a third man waited in a car. He also admitted he'd threatened the victim with a handgun and had tied up the young man and duct-taped his mouth while the pair stole several items.

(Judge Granville had suppressed Ivey's earlier confession to a Paradise Valley detective after ruling that the officer badly had screwed up his Miranda Warning against self-incrimination.)

Maricopa County Superior Court Judge Warren Granville
Peter Scanlon
Maricopa County Superior Court Judge Warren Granville

"He did not deserve to be robbed," Ivey said of his victim.

As for his own feelings about Jennifer Linn's alleged racial bias, Ivey told the board that "never once did I say she was racist. I don't know if she's racist."

After taking testimony, the board discussed the case among themselves for about a half-hour.

Board member Marshall H. Porter, a retired Honeywell manager, sided with Ivey, saying that "if this had happened on the [south] side of Central Avenue, it wouldn't have been an issue. This sounds to me like a drug deal gone bad."

Porter was referring to the fact that few people of color reside in Paradise Valley, in marked contrast to south Phoenix.

But board member Barbara-Lynne Bloss, a college English teacher, said she was "trying hard to figure out where the judge is coming from in all this. [Ivey] shouldn't get less time because other people didn't get punished."

In the end, the Clemency Board rejected Ivey's arguments by a vote of 3-2, which means that he'll stay behind bars for another five years or so.

On March 28, the Commission on Judicial Conduct summarily tossed out the County Attorney's second complaint against Judge Granville.

"As far as we are concerned, this case will remain closed," the board concluded.

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