The request generated tens of thousands of pages — so many pieces of paper, in fact, that the county had to hire two lawyers working full-time for weeks to scan the documents for attorney-client privilege issues.
Total cost of assembling the request? $80,000.
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Andrew Thomas and Sheriff Joe Arpaio have taken on the county supervisors.
AJ Alexander
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So far, the pages have yielded little of interest.
Despite the massive amount of materials he'd requested, county staffers tell New Times, Channel 15's Bernstein was in the records room for less than an hour and asked for just a dozen copies, most of them photographs of county officials on their trips to Philadelphia.
Then Bernstein wanted to know about the documents in the adjacent room.
Bernstein was told that's where attorneys were reviewing additional documents for attorney-client privilege, recalls Wade Swanson, the county's new general counsel.
"As fast as someone could review them for privilege and confidentiality, they were being made available to the general public," Swanson says.
Bernstein didn't waste more time going through the records that were available. Instead, he had his crew film the locked door concealing the records that were still being reviewed — and he hijacked County Manager David Smith to ask what he was hiding.
Bernstein never made another trip to the records room, Swanson says.
As for the Sheriff's Office, well, at least officers bothered to look at the records they'd demanded. A detective and a sergeant showed up a week after Bernstein and spent at least three days scanning documents electronically.
What they've done with those records is anyone's guess.
New Times twice put in a public-records request for any reports into the project generated by the Sheriff's Office, without so much as a response.
And it's not just us.
For a time, Thomas had officially farmed out the court tower investigation to the Yavapai County Attorney's Office, saying that he was attempting to take the high road by using an independent prosecutor. (He also sent Yavapai criminal cases involving Supervisors Stapley and Mary Rose Wilcox.)
But Yavapai County Attorney Sheila Polk intimated that she didn't feel comfortable with the pressure that Arpaio and his deputy Hendershott were putting on her office. After she resisted Hendershott's commands, in October, Thomas suddenly took the cases back — independent prosecutor be damned.
It's interesting to note, though, exactly what Thomas gave the Yavapai prosecutors.
Dennis Magrane, Polk's chief of staff, says Yavapai was given the Sheriff's Office reports into Supervisors Wilcox and Stapley, as well supporting documentation. But while they were officially given the court tower "investigation," Magrane says that the "investigation" didn't include a single file or report.
"The Maricopa County Attorney turned the authority to prosecute the case over to us," he says. "But the Sheriff's Office didn't have a case to turn over at that point. We have not been provided with [anything] to date regarding any investigation on the courthouse."
That's a stunning acknowledgement — because it almost certainly shows that there never was a targeted investigation into the court tower.
Instead, there was a fishing expedition.
The county attorney wasn't subpoenaing records to get to the bottom of a credible allegation of wrongdoing. The office was subpoenaing records to see if they could luck into finding something wrong.
And, while they were at it, the expedition was surely a convenient way to derail Tom Irvine's probe into Thomas' conflicts — and to force the county to play ball on budget issues.
"Andrew Thomas and Joe Arpaio have shown that they are vindictive," says attorney Novak, "and they'll do whatever they can get away with to further their own interests."
The gambit didn't work, of course. Thomas still lost his civil division. Arpaio still lost his budget battle. And right now, Thomas has painted himself so badly into a corner that he's been forced to ask the supervisors to let him help choose his replacement if he leaves office to run for attorney general. (Yeah, right, they scoff in reply.)
But the whole year of turmoil did do one thing.
It allowed Arpaio and Thomas to paint the county as hopelessly corrupt. It let them blame their own bad lawyering on ethically compromised judges. And it gave them a tool to tar the entire county administration without a shred of proof.
Forget the truth. For Andrew Thomas, it's one hell of a story.