Joe Arpaio Henchman Jack MacIntyre Takes Blame for MCSO Destruction of Evidence in Civil Rights Lawsuit
Sheriff Joe toady and hatchet man Jack MacIntyre: The fall guy for the MCSO's Nixonesque shredding
from Channel 12
You'll recall that in November, I reported that MCSO deputies had admitted under oath to destroying documents requested by the plaintiffs in the big Melendres vs. Arpaio racial profiling lawsuit now in federal court.
In an excerpt of a deposition made public as part of a request for sanctions against the sheriff's office, MCSO Sgt. Manuel Madrid of the MCSO's notorious Human Smuggling Unit copped to shredding stat sheets submitted by deputies and posse members engaged in the sheriff's anti-immigrant sweeps. HSU honcho Lt. Joe Sousa also admitted in a sworn affidavit that these stat sheets were tossed, even though they had been officially requested by the plaintiffs' lawyers on more than one occasion.
Indeed, lawyers from the firm Steptoe & Johnson, lead counsel in the case, argued that the MCSO should have issued a litigation hold after the filing of the lawsuit in 2007. Arpaio's lawyer Timothy Casey disagrees with this, but he does agree in a response filed on December 11 that the MCSO should have preserved these stat sheets at least since July 21, 2008, when Steptoe attorney David Bodney issued "a broad document hold/preservation letter" and simultaneously sought the docs through a public records request.
The stat sheets are significant because the MCSO uses them to compile their final tallies. Bodney and his legal team want to verify the totals against what the stat sheets tell them. Also, deputies and posse members often scribble notes on these stat sheets, notes that could be revealing when racial profiling is involved. Casey argues that the plaintiffs don't need them, but that's not his call to make.
So who's to blame for the MCSO continuing to shred evidence at least up until November 1, 2009, well over a year after Bodney wrote the hold letter? Arpaio's law dog Casey claims it wasn't his fault, as he forwarded the letter via e-mail to three county functionaries*, informing them that they were to "make certain that the appropriate person at the MCSO knows to KEEP AND PRESERVE" all documents requested by Bodney. The all-caps were in the original e-mail, which "set the importance of the correspondence at `High.'" In his filing, Casey includes the e-mail, which was transmitted the same day he received the Bodney letter.
Casey fingers MCSO Deputy Chief Jack MacIntyre as the ultimate fall guy for the shredding.
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