Wilenchik's a Liar, and There's More

Besides personally demanding our arrests, Andy Thomas' special prosecutor sought to bankrupt New Times over a misdemeanor and lock up our lawyers

Special Prosecutor Dennis Wilenchik sought to put this newspaper out of business by going after our financial assets.

According to confidential grand jury records released by the court, Wilenchik adopted a scorched-earth policy when confronted with our misdemeanor.

These same documents also make it clear that Wilenchik lied when he said he had no idea who ordered my arrest and that of New Times CEO Jim Larkin.

In fact, Wilenchik personally demanded the arrests and confinement of Larkin and myself.

Incredibly, he also asked for the arrests of the paper's attorneys, Tom Henze, Janey Henze, and Steve Suskin.

Furthermore, he sought tens of millions of dollars in sanctions, fines that would have bankrupted New Times. He asked the presiding judge to penalize us by more than $3 million for the issue published October 18 — with escalating assessments that would've reached a staggering $90 million in the course of a year.

Not satisfied, Wilenchik and his law firm then took the law into their own hands.


It took County Attorney Andrew Thomas 36 months to unleash his pit bull prosecutor for the publication — purportedly a felony — of Sheriff Joe Arpaio's home address on our Web site in July 2004.

Yet when Larkin and I revealed in a cover story the existence of grand jury subpoenas — a misdemeanor — we were led from our homes in handcuffs within hours of publication.

Our article revealed that Wilenchik used grand jury subpoenas in an effort to obtain reporters' files on any story about the sheriff published in the last several years. The special prosecutor also demanded the identity of each and every reader who'd viewed our publication online since '04, as well as the Web- viewing habits of these readers.

The swift, bold roundup of this newspaper's CEO and executive editor, however, was a redheaded stepchild.

No one admitted paternity.

Not the county attorney.

Not the sheriff.

Not the special prosecutor.

Well, we did not arrest ourselves.

One of those three men was a liar, and not a very good one at that, given the unambiguous evidence I've since uncovered.

Arpaio's jailers turned me out into the street at approximately 4 a.m. That very afternoon, County Attorney Andrew Thomas called a press conference, dropped the grand jury investigation, "fired" Wilenchik and alibied that "mistakes were made."

He made sure that voters knew that he had not ordered the arrests of two journalists.

The Sheriff's Office claimed no responsibility.

"Sheriff Arpaio had no participation in the decision to make these arrests," Captain Paul Chagolla, Arpaio's spokesman, told New Times.

In response to an e-mail asking who'd ordered our arrests, the disingenuous Wilenchik wrote to us, "Don't know. If I find out will be back . . ."

Wilenchik never got back to us.

But there is no need to clarify his instinct for deception; his signature is clear enough on the released grand jury paperwork.

Wilenchik demanded our arrests on the very day the article Larkin and I wrote hit the streets.

Over his signature, Wilenchik requested "that the court issue a warrant for the arrest and confinement of . . ." me and my partner.

That was the least-sinister move by Wilenchik.

In a lethal strike, Wilenchik sought to cripple New Times financially.

Had public indignation over our jailing not erupted, Wilenchik was prepared to bankrupt the newspaper.

On October 18, as copies of New Times hit the streets, Wilenchik sought an emergency hearing in front of Judge Anna Baca, who presided over the grand jury.

He sought an immediate fine of $3.5 million for the first week that New Times was on the streets and on the Web with our grand jury disclosure.

Wilenchik sought an additional $1.68 million per week for each week the grand jury article remained on our Web site.

In our ongoing dispute with law enforcement over Arpaio's attempt to mask his commercial real estate investments, the sheriff's address has run on our Web site for nearly four years.

The math on Wilenchik's schedule of fines for just one year of grand jury disclosure is astounding.

Wilenchik sought almost $90 million per year in fines.

For a misdemeanor.

For those of you not familiar with the economics of weekly newspapers, it is important to note that this paper bills approximately $14 million annually.

That isn't the paper's profit; that's our revenue before printing, rent, supplies, salaries, benefits, and taxes.

The spotlight and the ensuing furor over the arrests of Larkin and me were more than misplaced. They missed entirely the larger point.

Wilenchik wanted us to choose between solvency and the First Amendment over a misdemeanor.

And because the media ignored the blunt offensive aimed at our checkbook, Wilenchik never bothered to cover his tracks.

He had the sheriff's deputies arrest us before the judge could rule on his emergency plea to have us jailed. He had us arrested before the judge could consider slamming us with multimillion-dollar penalties.

Dennis Wilenchik took the law into his own hands.

I want you to stop reading and think about this for just one moment: Wilenchik asked a judge to bankrupt the paper and jail its leaders, as well as our lawyers, and that wasn't enough for him.

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12 comments
tamakela
tamakela

I wish he had arrested you and had you made bankrupt. Then you would suffer like the people you tell lies about in your gutter-press newspaper. Sue me!

El Bruce
El Bruce

Which of the statements of fact made do you consider to be lies? Name one, and explain in what way it is false.

There's A Solution
There's A Solution

Here's how we take care of them! Get 'em, too, mr. Lacey, we're with you!

THE AGGRIEVED AND IRREPARABLY INJURED CLASS OF UNITED STATES ANDPHOENIX CITIZENS,

P.O. Box 2811Phoenix, AZ 85002-2811Phone: (623) 561 - 1634

______________________________, Class Member

______________________________, Class Member

______________________________, Class Member

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

THE AGGRIEVED AND IRREPARABLY INJURED Case # 2:07-cv-02513-MHMCLASS OF UNITED STATES ANDPHOENIX CITIZENS, MOTION TO INTERVENEPURSUANT TO FRCP RULE 22 AND Plaintiffs,FRCP RULE 24

vs.

JESSICA (JESSIKA) RODRIGUEZ,CITY OF PHOENIX, ARIZONA,

Defendants.

____________________________________/

The AGGRIEVED AND IRREPARABLY INJURED CLASS OF UNITED STATES AND

PHOENIX CITIZENS moves this Court to intervene in this action pursuant to FRCP 22 and FRCP 24

and states:

1. The AGGRIEVED AND IRREPARABLY INJURED CLASS OF UNITED STATES AND

PHOENIX CITIZENS is a �class� as defined by FRCP 23 and is hereafter referred to as �The Class.�

2. �The Class� clearly has many members, some of whom have suffered grave and irreparable injuries, damages, pain, and suffering as a direct and proximate result of the intentional, negligent,

grossly negligent, and criminal acts of the defendants as more fully described in the attached �Exhibit

A,� a Demand Letter that was sent and received by the defendants on or about August 27, 2008.

3. �The Class� has a vast amount of official documentary evidence and witnesses to support the

allegations made in the Demand Letter.

4. �The Class� may have total compensatory, special, and punitive damages totalling approximately

$250,000,000.00 and requests permission to amend and increase the amount of damages listed in the

Demand Letter, �Exhibit A.�

5. �The Class� delivered a request for investigation of these matters to United States Vice

President Dick Cheney on on or about August 25, 2008. Mr. Cheney came to Phoenix personally on or

about August 27, 2008.

WHEREFORE, �The Class� respectfully requests to intervene in this action as a class of Citizens to

be defined and certified by this Court pursuant to FRCP Rule 22 and FRCP Rule 24. �The Class�

further requests that this Court order such other, different, and further relief as seems just and proper in

the proposed premises listed in the Demand Letter.

Dated: ______________________________________________________________

The Aggrieved and Irreparably Injured Class of

United States and Phoenix Citizens

byClass Member ______________________________ Class Member ______________________________

Class Member ______________________________

Class Member ______________________________

Larry
Larry

Marlene wants to sign the recall petitions for Joke and Candy, but I don't think that is practical. IF it was successfull and lead to a recall election, that would be next year and both idiots come up for reelection next year anyway. -A recall is just a waste of money when we can just try to vote them both out, starting with the primary election. There is also the risk that not enough registered voters signatures check out on the petition, so if it failed, that could give both dirtbags a boost in the election. We need to get out and vote 'em out.

edward lacey
edward lacey

hey nickle bag,i,ll show you mine if you,ll show me yours,computer records that is.

peter
peter

Do you guys at new times have any legal redress for these abuses? should there not be a federal investigation into the attempted subversion of the consitution?

Dave Brook
Dave Brook

Good for you guys!

The sheriff is an IDIOT.

Even the Phoenix City Police act and a criminal gang.

I personally was arrest and detained (and put in Sheriff Joe's jail for two days) for CALLING the cops (by using 911 i.e. because dispatch hung up on me three times) to stop the drug dealing on my corner of 5th Street and Portland ... something they steadfastly still refuse to do anything about to this day!

F' the Police!

Demand reform!

Javier Fantango
Javier Fantango

Wow. it is really amazing what is happening there, and I thought China, Texas and Africawere the only places I would never want to visit, now I have to add Maricopa County Arizona to that list.

Based on this information, it looks like New Times could have a pretty goodfoundation for a Malicious prosecution lawsuit against Wilenchik and possiblyothers involved in this continuing drama. Probably would make a fine good movieas well.

marlene keller
marlene keller

Only one question about Joe Arpaio and Andrew Thomas remains:Where are the recall petitions? I wish to volunteer to get signatures to help promote the very honorable act of recalling these two criminals from the offices the people put them into to protect our rights and serve our needs.

After this is done I think we should focus on passing a law to limit politicians to one term in office, period. That would eliminate their having to focus entirely upon their own re-election so they could focus on improving our lives instead. We elect a sheriff to keep the peace for us. End of story. We have a county prosecutor for the purposes of presenting evidence to prove the guilt of those accused of having committed crimes. I'd really like to know who thinks Thomas's tweakings of the laws in order for him to be able to turn misdemeanors into felonies carrying excessively and inappropriately long sentences because he wants to be re-elected? See what I mean about the need to limit the terms for prosecutors and sheriffs and the legislature to one?

To the editors of the New Times, I applaud you and I thank you for your courage, honor, and righteous act to protect our Constitution right to privacy (i.e., our right not to be put on a hit list for Joe Arpaio and his nazis). You are everything these ethically challenged, arrogant, and dangerous __________ ( fill in the blank with the description of your choice)-- and thank you for publishing the only intelligent newspaper in the state of Arizona, which is why there is a list Arpaio wants in the first place. We are informed of the facts on issues that affect our lives every week by the New Times that we would not be reading otherwise. I seriously doubt that people running other papers in this state would have been arrested rather than give us up to that madman.

Marlene Keller

Jim Cozzolino
Jim Cozzolino

Get used to it Erika.This is what happens when you live in a police state run by Nazi's.

Erika Page
Erika Page

I am really upset with this guys. We have to vote them out. They have no morals and they are creating too much hate and fear in our communities.

Jim Cozzolino
Jim Cozzolino

What a bunch of F-en PIG's Wilenchik, Thomas & Arpaio are.They should be going to jail at the very least.What a bunch of major PIG's they are.

 
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