"Deputy Smith advised that she had seen [Arenas] filming at recent immigrations protests during Sheriff's Office saturation patrols," reads the report.
Arenas was asked to depart county property and dutifully did, catching a ride with another activist. Unfortunately, the driver of the car drove back onto county property and parked near Tent City. Arenas immediately left the vehicle and began walking off the property. That's when he was arrested.
Never mind that Arenas was trying to exit. Two MCSO deputies collared him before he could leave, kinda like the MCSO did to ACLU legal director Dan Pochoda in 2007 at Pruitt's Home Furnishings, where they had to run after Pochoda to "trespass" him before he could get in his car and drive off.
In fact, I happened to be covering Arpaio's disgusting 200 Mexican March and I saw Arenas getting detained. If the deputies had waited less than five minutes, he would have been off the county property. Arenas ended up spending a day in the Fourth Avenue Jail being booked and processed before he was released on a $150 bond.
Fast-forward to May, when Arenas' lawyer, Christopher Dupont, after trying unsuccessfully to get Lindsey Smith and another deputy involved to respond to subpoenas ordering them to appear for depositions, filed a motion asking Justice of the Peace Armando Gandarilla to impose sanctions on the MCSO for not cooperating.
Dupont was accusing the deputies involved of ignoring court orders, a big no-no, and he wanted Gandarilla to dismiss the case with prejudice (meaning the county attorney could not re-file the charges) and to award him attorney fees paid by the MCSO as further punishment.
On July 28, there was a hearing before JP Gandarilla to resolve the matter. None other than MCSO Deputy Chief Jack MacIntyre appeared as a witness for the prosecution, as well as Deputy Lindsey Smith, and Deputy D. Sanchez, one of the arresting officers.
Dupont did a very wise thing. He asked Gandarilla to have the witnesses sit outside the courtroom and testify separately so that they could not tailor their testimony based on what the others said on the stand. Gandarilla so ordered, and MacIntyre was the first at bat.
Why was MacIntyre there? See, Smith had been subpoenaed, and when the MCSO gets a subpoena (as it must get many a day) it goes through internal processing and is delivered to the person subpoenaed — in this case, Smith. It seems someone faxed Smith the subpoena. She claimed she didn't know how to handle it, and so she asked MacIntyre, who is a lawyer and her superior, what to do. What MacIntyre then did depends on whom you ask, Smith or MacIntyre.
"My best memory of it was, she got a fax," MacIntyre said under oath, adding later, "Then I suggested to Lindsey that she try and contact the prosecutors office [about it]."
"To your knowledge," asked Deputy County Attorney Christine Trusken," did you ever advise [Smith] to ignore a court order?"
"I never advised anybody to ignore a court order," answered MacIntyre, who also claimed that he was unaware of who the defendant was in the case.
Smith, MacIntyre's subordinate, had an entirely different account. She said she asked MacIntyre about it, and he told her not to go to the court-appointed deposition. She also told Trusken that she gave MacIntyre "some history on the defendant." In other words, according to Smith, MacIntyre knew this was a case involving an anti-Joe activist.
"And I was directed not to go," said Smith.
"You were told not to go?" wondered Trusken.
"Right," replied Smith.
Again, Trusken: "And that was by MacIntyre?"
"Right," affirmed Smith.
Remember, Trusken's on the side of Smith and MacIntyre, not Arenas. Maybe she should have had the pair get their stories straight before they hopped on the stand within minutes of each other.
Under questioning from Dupont, Smith was petulant, childish. She had to twice be admonished by Gandarilla not to raise her voice and to answer Dupont's queries. Smith ultimately admitted that she had no idea where she had put the faxed subpoena. It could be in the trash or on her desk under some files — she didn't know.
Both Smith and, unbelievably, MacIntyre — who testified that he's been licensed to practice law in the state of Arizona for decades — said they didn't know the document in question, the one faxed internally to Smith, was a court order. MacIntyre also testified, rather uncomfortably, that he didn't know how subpoenas were served at the MCSO's offices.
Incensed, Dupont demanded that Gandarilla dismiss the case, accusing MacIntyre and Smith of being, ahem, less than honest.
"[They think] they're above the law," argued Dupont. "And when they get caught, they're willing to come here and lie about it."
Trusken pleaded with Gandarilla to not dismiss the whole case because of what she insisted was a violation of the discovery rules. But Gandarilla agreed with Dupont, stating that he believed the conflict in Smith and MacIntyre's testimony "poisoned" the case.
"No way should this case be heard," Gandarilla replied to the prosecutor. "I want the appropriate sanctions. I want defense counsel to submit the cost of your services. And the sheriff's department will pay. That's my judgment."
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It just doesn't make sense that MacIntyre would resort to telling the truth when he can just make something up and the court is expected to believe it.
All this time I thought perjury was a crime. If he testified that he didn't advise Smith and didn't even know who the defendant is, and then Smith testified that he did and did, then someone is lying. Of course it must be Deputy Smith. No one in MCSO command staff would perjure themselves, would they? Oh hell no...
Hey Birdbrain,
Since you think that Chris B. was a coward for carrying a loaded rifle while the president was here, prove it at the next real opportunity and you carry a real, loaded rifle around without acting or even feeling scared.
I thought so. You need to use your journalistics skills to find the truth. All you're doing is starting with your hoplophobic and political fears and then rationalizing them.
It's transparent you're an emotional, liberal, political activist posing as a thoughtful, objective, hardworking journalist whose looking for and reporting the truth as best as he can find it.
I hadn't read the New Times in a long while. Thanks to your article I now remember why.
As Orlando's Kindergarden teacher that I am very disappointed but not surprised at Orlando's premeditated "criminal Trespassing".I still remember Orlando, a quiet child who kept to himself.� I asked all my students to draw pictures of what they wanted to do when they grew up. The sweet, innocent children drew themselves as fireman or police, dog catchers and soldiers. One was a spaceman. But Orlando drew elaborate drawings of himself on county property in handcuffs. I was very troubled by this and asked him what it meant. He told me he wanted to be "a criminal trespasser" when he grew up. This was very disturbing. In fact, the details were haunting. With every detail clearly drawn out and using only 2 basic crayollas (I gave the more elaborate crayons to the white kids because I was certain the Mexicans would steal them) There it was, his future as a criminal trespasser in full detail. He drew himself standing with on foot on the sidewalk and the other defiantly on county property. Two men with ski masks were grabbing him. You could see little tents with bars in the background. As puzzled as this was, I asked Orlando one question: How will they know to arrest you? He said he planned on protesting every day in front of the sheriff's luxury office suite that will cost the tax payers millions. I was disgusted." How dare you question the Sheriff or his business" I scolded.
I only wish I would've acted sooner to stop this horrendous crime from taking place. Just because our wonderful Sheriff Joe advertises that he will be doing an public prisoner march with 200 Mexicans in chains to the world and invites the media and public to attend in Roman fashion without taping off any areas of county property doesn't mean Orlando couldn't have been stopped and those pebbles under Nike wouldn't have been left for only more suitable feet to step on.
My apologies to the world. I should've reported this years ago lest he "criminally Trespass" again. Never mind the unserved warrants or uninvestigated rapes. We need to go after the Orlando's of the world.
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