New Times files a prelude to a lawsuit against Sheriff Joe Arpaio, County Attorney Andy Thomas and a discredited ex-special prosecutor on behalf of its readers and the Constitution

But in defiance of the public-records law — which plainly states that the custodians of public records must "promptly furnish such copies, printouts or photographs" to all citizens who ask for them — the sheriff's media machine stonewalled Dougherty. That resulted in the reporter's confronting Arpaio during a public post-election event, asking when the sheriff would turn over the lawfully requested information.

Arpaio had Dougherty dragged away by Selective Enforcement Unit deputies, suggesting to one of his men that the writer's mere question could be considered a threat.

Days before this incident, Dougherty ran into MCSO spokeswoman MacPherson outside a downtown rally for Arpaio opponent Saban. He queried her as to when New Times might get the records. "Never," MacPherson told Dougherty. When Dougherty asked why, she informed him that the MCSO did not regard New Times as a legitimate newspaper. Dougherty replied that under the state public-records law, any citizen can request such records from the MCSO. "So sue us!" MacPherson challenged.

New Times had no choice but to go to court.

Three years later, the appeals court's February 5 ruling revealed the MCSO's pattern of obstructing news organizations critical of Arpaio from obtaining public information. It was mentioned in the appellate court's decision that MacPherson admitted it took her 108 days to produce 11 pages of documents, and that when Dougherty requested information on an inmate death in the jails, she misinformed him there had been no death on the date and that she never bothered to clear up the confusion when she learned otherwise.

In a recent item on New Times' appellate court win in the Arizona Republic, Jack MacIntyre, another of Arpaio's flacks, was quoted as saying that MacPherson had acted the way she did because of a personality conflict with Dougherty. He said certain "steps" were taken to avoid such future conflicts.

In light of this statement, New Times put in a public-records request with MCSO flack Chagolla, asking for documentation of the "steps" mentioned by MacIntyre.

Chagolla advised that no such public records existed. He then warned ominously that the MCSO might be contemplating charging John Dougherty with a crime.

"I will forward a document detailing two assaults committed upon me by former New Times reporter John Dougherty," stated Chagolla in an e-mail. (Dougherty left the paper in August 2006.) "I am aware that the New Times knows of these assaults, as they were brought up in deposition. I will also seek out the Channel 3 televised coverage of Dougherty poking me with his recorder during the second incident. Please note the statute of limitations has not expired on the assault."

Chagolla is referring to the night that Arpaio had Dougherty thrown out of his political event because the reporter asked him a question. Chagolla is alleging that a reporter holding up a tape recorder to a public servant constitutes an "assault."

In the past, Chagolla has said there would be "legal consequences" if New Times reporters dared to pick up public documents at MCSO offices in the Wells Fargo building downtown. When reporter Ray Stern disagreed with MCSO lawyer Michelle Iafrate in her law offices over whether he could photograph public records, Iafrate complained to the MCSO. This sparked a "disorderly conduct" citation getting delivered to Stern by the Selective Enforcement Unit in the same nighttime spree that netted Lacey and Larkin.

Other reporters also have been bullied by MCSO deputies, as have Arpaio's political rivals and citizens daring to oppose him or his officers. The history of this ongoing abuse of power is detailed in  Sarah Fenske's "Enemies List" (November 29, 2007) segment of New Times' "Target Practice" series.

In that article, Fenske described how anyone who crosses the sheriff, or even happens to work for someone who opposes Arpaio, could find themselves the subject of an unwarranted investigation, have their assets and computers seized, and even be arrested on trumped-up charges that never go to trial. Anyone from a politician aiming to replace Arpaio as sheriff (like Dan Saban) to a graphic designer working for local Democrats to a tow-truck operator loyal to the GOP could find themselves in the MCSO's crosshairs.

Raids can be timed to slander an enemy and his business, as happened with erstwhile Arpaio-supporter Lee Watkins. Watkins backed local radio personality W. Steven Martin over Arpaio in the 2004 general election. Then, his business, Cactus Towing, was raided in 2005, with computers, cell phones, and records seized as evidence. The raid came at the end of the month, when Watkins' business normally billed expenses. Watkins was ruined. No charges were ever filed.

In 2000, Jim Cozzolino managed the campaign of an Arpaio opponent. Arpaio's deputies sorted through his trash and tapped his phone, but nothing came of it. Still Arpaio held his grudge, and in 2003, when Cozzolino stepped in to protect a woman who was being assaulted at the bowling alley Cozzolino operated, deputies popped him for attempted murder and seized his car. Cozzolino plea-bargained, pleaded guilty to illegal discharge of a firearm, and got four months in jail. Deputies set up Cozzolino on a drug charge while he was incarcerated. He beat that rap and ended up suing Arpaio, who later settled for an undisclosed amount.