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Plaintiffs,
6
7
8
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)
)
)
)
)
)
)
)
)
)
vs.
Joseph M. Arpaio, et al.,
Defendants.
CV 07-2513-PHX-GMS
S
Phoenix, Arizona
na
May 14, 2014
10:02 a.m.
OG
10
SEALED PROCEEDINGS
BO
.C
OM
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EF
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TH
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REPORTER'S
OF PROCEEDINGS
ER'S
ER
S TRANSCRIPT
TRANS
AN
15
BEFORE
THE HONORABLE
G. MURRAY SNOW
FOR TH
FORE
HO
OF
16
(10 O'clock
Status Conference, Pages 35-104)
'clock
clock a.m.
a.m
.
17
SEALED PROCEEDINGS
18
ND
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20
IE
21
FR
22
2
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Court Reporter:
Co
35
Gary Moll
401 W. Washington Street, SPC #38
Phoenix, Arizona 85003
(602) 322-7263
A P P E A R A N C E S
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2
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TH
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ND
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OF
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FR
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Timothy
J.
Esq.
mothy
othy J
. Casey,
Ca
SCHMITT,
SMYTH,
CHMITT, SCHNECK,
CHMITT
SCH
CASEY & EV
EVEN, P.C.
E
1221 E
E.
. Osborn Road
Suite 105
Phoenix,
Arizona 85014-5540
Phoe
oe
(602)
277-7000
(6
EF
11
.C
OM
OG
Thomas P. Liddy
Deputy County Attorney
MARICOPA COUNTY ATTORNEY'S OFFICE
Civil Services Division
222 N. Central Avenue
Suite 1100
Phoenix, Arizona 85004
(602) 372-2098
P R O C E E D I N G S
1
2
THE COURT:
Please be seated.
THE CLERK:
10:02:57
MR. POCHODA:
MS. WANG:
OG
plaintiffs.
BO
plaintiff.
9
10
.C
OM
THE COURT:
Good morning.
ng.
ng
.
12
MR. CASEY:
Good morning,
rning,
rning
, Your Honor.
EF
11
14
Attorney's Office.
TH
13
15
Obviously,
y, with
ith us you recognize some of the faces:
Jerry Sheridan,
Arpaio.
n, Jose
Joseph A
OF
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17
CAPTAIN
A TAIN
AI HOLMES:
HOLM
O
18
MR.
MR
R. CASEY:
C E
19
ND
CAPTAIN HOLMES:
CAPT
Ken Holmes.
SERGEANT BENTZEL:
IE
21
FR
24
25
Ken, is it?
Ken Holmes --
MR. CASEY:
M
2
23
10:03:19
Yes.
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22
10:03:10
10:03:28
Internal Affairs.
In
MR. CASEY:
All right.
10:03:40
THE COURT:
.C
OM
All right.
10:04:04
10
Um-hum.
-- that it seems
involve an ongoing,
ms to me in
i
OG
BO
12
EF
11
13
15
things --
TH
14
MR. POCHODA
POCHODA:
OF
16
THE
H COURT:
CO
COURT
:
17
10:04:40
Um-hum.
U
relate to
o this lawsuit, I just do not feel comfortable
19
proceeding
without plaintiffs being aware of the nature of what
oceeding wi
20
ND
18
IE
21
FR
22
10:04:19
10:04:50
But
2
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this hearing under seal, and whoever the other side is can
25
10:05:06
MR. CASEY:
THE COURT:
Yes.
MR. CASEY:
Yes.
.C
OM
defendants to put this under seal for the basis, Your Honor
Honor,
no ,
BO
11
12
13
TH
Yeah.
Yeah
Yea
.
16
I -- or may involve
nvolve what I have defined in the order as a
17
special operation,
and "special operation" actually refers to
pe ation
ti , an
18
patrol activities
involving traffic stops.
activit
ND
S
19
MS WANG:
MS.
20
THE COURT:
T
Um-hum.
But it's my understanding that some of the
10:06:07
IE
FR
MR. POCHODA:
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25
2
23
10:05:50
OF
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10:05:32
EF
THE COURT:
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OG
10
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10:05:14
THE COURT:
10:06:16
the Court has moved and is -- it has been moved and the Court
has granted the motion that this hearing is under seal until
MS. WANG:
Um-hum.
MR. CASEY:
Yes.
.C
OM
BO
11
12
here.
OG
10
EF
Well,
that, because -- I
l, I appreciate
apprec
15
TH
14
MR. CASEY:
CASEY:
10:07:00
OF
16
the Court's
but it was a -- as counsel, we thought
s position,
position
ositio
18
they needed
eeded
ded to be here.
17
THE COURT:
All right.
MR. CASEY:
M
ND
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THE COURT:
10:07:09
All right.
2
23
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THE COURT:
25
We never did
IE
FR
22
10:06:47
13
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10:06:28
All right.
10:07:29
operations.
.C
OM
10:07:50
BO
8
9
On
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OG
10
13
Okay.
EF
12
10:08:05
Hearing none,
none
ne,
, I am going to now put this
15
as is necessary as
by further order of this Court.
s determined
d ermine
min
16
OF
TH
14
10:08:23
Thank you.
(The
is cleared.)
T e courtroom
court
courtro
17
MR.
MR
R. CASEY:
C E
18
THE COURT:
All right.
A
ND
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20
Your Honor, I --
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FR
IE
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10:09:13
2
23
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10:09:29
MR. CASEY:
county attorney, works with Tom Liddy, who has been working
SERGEANT CALDERONE:
MR. CASEY:
BO
10:09:48
10
MR. HEGSTROM:
11
MR. CASEY:
Chris Hegstrom.
rom.
rom
OG
Calderone.
.C
OM
Chris is also
the
MCSO, and Chris is
so with
w
t
in media?
13
14
TH
EF
12
15
16
THE COURT
COURT:
:
OF
Yes.
Yes
18
and authorized
thorized
horized by my order to be here.
ND
S
persons in the
he
e back
k of the room are all United States Marshals
19
the room
room?
?
IE
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FR
22
10:10:17
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10:10:01
MS. WANG:
10:10:32
2
23
MR. CASEY:
24
25
MS. WANG:
Thank you.
10:10:42
THE COURT:
Okay.
MR. CASEY:
THE COURT:
Do the --
MR. HEGSTROM:
MR. CASEY:
My
y
BO
10
H-e-g-s-t-r-o-m
in
-rr-o-m as
s i
Mary.
8
9
Chris Hegstrom.
10:10:54
OG
.C
OM
THE COURT:
12
13
MR. CASEY:
Yes.
14
THE COURT:
-Chief
Warshaw in the room.
- and
nd Chie
hi
15
MR. CASEY:
Y:
Yes.
es.
17
TH
THE
H COURT:
CO
COURT
:
All right.
right.
All r
ri
h
disclosures
made by the Maricopa County Sheriff's Office -sclosures
closures m
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FR
19
2
23
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25
10:11:14
Your Honor.
IE
ND
S
18
No
N objections from the defendants,
OF
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EF
11
10:11:08
10:11:28
10:11:53
have objections, that I hear what they are and can rule on
them.
.C
OM
I may have
BO
11
12
so.
13
14
15
Mr. Casey.
16
OG
10
EF
TH
OF
The only
nl reason
nly
eason
son I say that is because you wanted to
19
the
what you showed me on Monday.
e clip
cl
of w
20
21
22
IE
ND
to answer
wer
r your questions.
So we have -- we
preface that is that Mr. Liddy capably told me that I may need
24
to share with you some background about what was found -That would be good.
10:13:16
The reason I
2
23
THE COURT:
10:12:43
18
FR
10:12:30
MR.
R CASEY:
CA
CASEY
:
17
25
10:12:10
10:13:36
MR. CASEY:
.C
OM
CAPTAIN HOLMES:
There's about 9
900
hours.
00 hours
hour
Okay.
12
CAPTAIN HOLMES:
13
MR. CASEY:
540 disks.
disk .
disks
900?
There's
10:14:11
500
500 hours?
More
900.
re like about
abo
EF
11
I'm
I'
I
m sorry.
sorr
orr
Of traffic stops
TH
14
OG
10
Is it 2500 hours?
BO
It appears
rs that
hat he has both a dash cam; it appears
15
17
his glasses,
es so what
a you see on the screen is what he is
18
looking
at.
g at
a
.
19
afternoon,
believe it was two of them that I remember, and if
ternoon
ernoon,
, I b
20
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ND
IE
FR
10:14:27
OF
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22
10:13:54
10:14:58
2
23
24
The second image was a different traffic stop dealing with what
25
And they
10:15:27
evaluate.
.C
OM
3
4
that.
things.
BO
It appears th
that these -- and
tha
11
12
13
14
15
16
no review, comparison
mpariso to CAD data.
mparison
ND
S
those that
internally looked at and say, let's put it
ha the MCSO
C
diplomatically,
these are problems.
plomaticall
20
21
22
of those incidences?
IE
19
FR
10:16:42
OF
TH
We're
trying to figure out when
We
We'
'
We
based on the stops, trying to identify
e are
re also,
also
s
17
10:17:10
What became
2
23
24
25
10:16:11
EF
OG
10
18
10:15:45
Anecdotally, my guess is
The second thing that they can address with you, and I
10:17:36
(Pause in proceedings.)
MR. CASEY:
.C
OM
now there are 153 that were seized pursuant to the search
searc
BO
10
11
OG
EF
six.
14
15
immigration cards,
, five.
f ve.
16
cards, 26.
17
are five.
18
papers,
49.
, 49
4
.
19
Arizona
out of state, are 104.
izona
zon or ou
TH
13
Credit,
debit, bank and merchant
C
Cr
OF
Vehicle
registrations, something labeled TRP, there
ehicle regi
Foreign
passports,
four.
oreign
re
pa
25
Miscellaneous cards or
And
then actual license plates, either from
A
ND
24
10:19:03
IE
FR
2
23
U.S.
20
22
10:18:40
12
21
10:18:17
CAPTAIN HOLMES:
MR. CASEY:
10:19:48
MR. CASEY:
THE COURT:
MR. CASEY:
4
5
that mean?
Yes.
THE COURT:
Sir?
CAPTAIN HOLMES:
11
THE COURT:
If I could get y
you to
t approach a
And would
ould you mention your first name,
TH
please.
EF
MR. CASEY:
CAPTAIN HOLMES:
HO
HOL
S:
16
17
expired at the
they were taking, but it's still
he
e time
e t
18
information
that is yet to be a hundred percent confirmed.
ation
tion th
IE
ND
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OF
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19
20
21
FR
22
2
23
24
25
10:20:03
13
14
Yes.
OG
10
BO
12
What's
s
10:19:56
CAPTAIN HOLMES:
6
7
.C
OM
THE COURT:
Thank
you, Your Honor.
T
Th
My name is
10:20:08
understanding?
understand
10:20:24
CAPTAIN HOLMES:
of the vehi -- at the time that they were expired, and that was
my understanding that they were expired at the time.
THE COURT:
10:20:35
CAPTAIN HOLMES:
THE COURT:
THE COURT:
10:20:52
.C
OM
CAPTAIN HOLMES:
11
12
yes.
OG
effort begun?
It hasn't
begun
n't be
b
gun
un yet but is starting,
THE COURT:
All right
right.
ight.
.
Thank you.
Th
14
TH
13
16
identifications
driver's licenses?
ns or drive
d
17
that we have
but I'm talking about hispanicity.
v to be careful,
ca
OF
15
MR.
MR
R. CASEY:
C E
10:21:16
18
question
is we do what we did at trial: looking at Hispanic
esti
estion
is i
20
probability.
surname pr
10:21:37
THE COURT:
22
MR. CASEY:
Okay.
2
23
THE COURT:
-- done that?
24
MR. CASEY:
IE
21
FR
ND
19
25
10:21:07
EF
10
BO
Have you --
10:21:43
BO
Chief Sheridan.
9
10
I know that -- go
o ahead
ahead,
,
Your Honor,
be able to
onor,
onor
, I might
mi
mig
10:22:21
OG
11
We have over 5
500
DVDs with thousands of
00 D
13
EF
12
TH
14
16
chosen to review
data on the traffic stops.
iew the dat
17
stops on those
h se
e DVDs
s are realtime, and it takes --
OF
15
COURT:
THE
HE C
R
ND
19
Those traffic
Yes, sir.
20
21
today.
today
22
accurate.
ac
IE
10:22:47
18
FR
10:22:10
Do we have an idea?
.C
OM
10:23:05
2
23
24
dark out.
25
So we're
10:23:26
used to discussing policy, they know policy in and out and have
ve
the same ethical microscope that they will look at the actions
tions
on
.C
OM
10:23:46
So we have
av one
on
BO
11
12
13
14
15
16
them in an attempt
and contact the individuals
tempt to
t identify
id
17
where we have
copies
of their IDs.
a e hard
h
co
OF
TH
EF
OG
10
COURT:
THE
HE C
R
18
All right.
10:24:11
So when we want to
10:24:38
Thank you.
19
observations.
few observ
21
don't
don
do
't intend them to be that way.
22
RI
20
10:25:04
2
23
24
25
THE COURT:
10:25:34
THE COURT:
All right.
not know the answer to the questions I'm about to ask, but I
SHERIFF ARPAIO:
THE COURT:
10
Yes.
OG
13
14
15
he had an eyeglass
cam.
s c
16
TH
EF
12
OF
17
CHIEF
SHERIDAN:
H EF
F DEPUTY
U
COURT:
THE
HE C
R
All right.
ND
Sheriff's
Office issue eyeglass cameras to any of its officers?
eriff
rif 's
s Off
CHIEF DEPUTY SHERIDAN:
C
21
THE COURT:
IE
20
FR
2
23
10:26:30
18
22
10:26:02
If I understood correctly
the
information that
tly
ly from
f
t
11
19
10:25:50
BO
.C
OM
10:26:46
24
Your Honor, is the dash cams would have been purchased and
25
10:27:11
to some extent.
All right.
THE COURT:
I do not know.
THE COURT:
11
12
13
TH
14
That's fine.
Tha
OF
16
18
other thing
clear before you answer this question so you'll
hing cl
IE
ND
S
don't know,
say you don't know.
, you
ou should
shoul
o
19
know
ow
w where I'm
I'm coming from, and if plaintiffs have any
20
10:28:28
21
FR
10:28:11
17
22
10:27:47
EF
OG
10
15
10:27:27
I do not know.
BO
.C
OM
THE COURT:
2
23
24
of its association with this lawsuit and the issues that relate
25
to it.
10:28:51
done things that I didn't like very much and that I think
.C
OM
BO
OG
10
10:29:15
12
13
contain.
14
15
16
instead of giving
ving it out to another government -- investigative
17
agency, and
d even
ve if
ven
f you were to give out parts of it, it seems
18
to me you
u have to maintain certain parts that would then be
19
subject
bjec to my jurisdiction, let me tell you unequivocally what
bject
20
I think.
think
21
22
say it.
sa
EF
11
10:29:31
10:30:00
10:30:19
FR
IE
ND
OF
TH
2
23
24
25
And it
10:30:38
operating at the time, we need to know who had those dash cams,
and we need to know where those traffic stops are being held,
.C
OM
BO
that correct?
OG
10
11
12
THE COURT:
sir.
That is
Tha
s correct,
co
So it neither
encouraged nor discouraged
either enco
15
THE COURT:
T:
TH
14
That is correct.
Do
o you have any reason to believe that
other deputies
been doing what Deputy Armendariz was
s may have
h
17
doing, which
self-recording
their police activities?
c is self
l
MR.
MR
R. CASEY:
C E
18
ND
record,
cord
ord, it is calling for speculation.
THE COURT:
T
That's fine.
21
MR. CASEY:
IE
20
FR
22
10:31:36
OF
16
19
10:31:24
EF
13
10:31:02
10:31:47
Honor, so to the extent it's clear for the Court, the reason I
Ho
2
23
24
25
10:32:03
his.
.C
OM
3
4
lawsuit.
Yes.
11
12
the way, if I find out that anybody in this room has disclosed
13
14
10:32:43
TH
EF
OG
10
15
10:32:32
THE COURT:
BO
But it seems
to me that the first thing that we ought
ee
eem
to do, because
information will inevitably leak, to the
e this info
17
extent it h
has
already, and if in fact there are any other
s not
n
a
alr
18
officers
rs that
hat are involved in recording their activity, either
IE
ND
S
OF
16
10:33:02
legitimately
gitimately through an MCSO-issued device, and I can't say
20
21
22
FR
19
2
23
24
25
10:33:20
10:33:38
if they realize that they may have taped stops that were
.C
OM
12
BO
11
10:34:21
OG
otherwise --
your question.
Your
if I can answer
You Honor,
Honor
on
EF
10
THE COURT:
Please
ase
e do
do.
.
14
TH
13
Okay.
16
activities with
own purchased video cameras.
th their
thei ow
17
discovered within
the
past couple of months that the Sheriff's
ithin
th
t
18
Office purchased,
under a GOHS grant, a Governor's Office
purchas
purchase
Highway
Safety Grant, to be used during DUI stops, a series of
ghwa Safet
ghway
20
on-body
video cameras that were issued to Lake Patrol deputies
on
on-body vi
21
IE
19
22
10:34:36
We also
ND
S
OF
15
FR
10:33:59
10:35:11
2
23
24
25
devices?
10:35:42
this month.
.C
OM
BO
11
12
13
14
TH
CHIEF DEPUTY
SHERIDAN:
PU
PUT
SHERID
ERI
15
I don't
10:36:53
OF
understand your
question.
ur question
ques
THE
COURT:
H COURT
CO
:
17
18
10:36:30
EF
OG
10
16
10:36:10
THE COURT:
ND
19
21
22
10:37:03
FR
IE
20
2
23
No, sir.
However, in light of
24
25
10:37:25
them.
10:38:01
Do you
u mind if
f I
BO
We
.C
OM
Yes, sir.
ir.
ir
.
THE COURT:
11
OG
10
it, and the monitor wants to assist you in doing it, and I
13
14
15
It occurred to me la
last night
l
igh while I was thinking about this
16
17
18
disclose
se it.
it
t.
19
destroying
stroying the
th data.
10:38:24
OF
TH
EF
12
10:38:11
ND
Alternatively,
that may only result in them
t
20
22
the data.
th
FR
IE
21
10:38:41
2
23
24
where it came from, where they were storing that data, and if
25
they claim to have deleted any such data, when they claim to
10:39:06
.C
OM
BO
11
12
13
misunderstand me.
14
15
share my interest in
exactly what they've been
i determining
determi
erm
16
doing and if any of are crooked, finding out that they have
17
been crooked,
finding
out what their activities are.
e
findi
10:39:42
EF
OG
10
OF
TH
I'm not
the bulk of your
ot saying that
t
So
o do you have any input for me on that?
18
ND
19
Yes, sir.
21
22
IE
20
FR
10:39:24
10:40:15
2
23
24
25
10:40:45
room.
THE COURT:
would share.
assistance.
.C
OM
10:41:02
BO
10
11
12
13
14
destruction, if it was
like Armendariz's.
s held on DVDs
D
Or
TH
EF
OG
10:41:24
Is there any
other
a
her category of information that the
15
plaintiffs would
that the Maricopa County Sheriff's
uld suggest
sug
17
pursue?
OF
16
With
just to this topic.
i h respect
respe
MS.
MS
S. WANG:
W G
18
10:41:42
for
r the
th first time, I think it's hard for us to determine
20
21
22
I would ask
10:42:01
FR
IE
ND
19
2
23
24
25
THE COURT:
I'm about to
get there.
MS. WANG:
Okay.
10:42:18
THE COURT:
the fly, including the MCSO, but we're trying to recover and
THE COURT:
11
How many
y do we have
hav
av out
I do not
right now, Your
ot know rig
ri
OG
Honor.
BO
13
I do not know.
14
THE COURT:
TH
All right.
right
15
16
quick as possible.
ible.
ible
17
maintained it,
whether
it's been maintained on police
t,
, whethe
t
18
department
computers
or other data, I would expect you would do
ment
nt comp
com
t
19
your
ur best to gather that up.
OF
ND
21
22
THE COURT:
IE
FR
10:42:59
20
All right.
2
23
24
monitor.
25
10:42:49
EF
12
10:42:35
10
.C
OM
(Pause in proceedings.)
10:43:13
10:43:23
THE COURT:
with you.
across the fact that during the term of the traffic stops that
t
.C
OM
THE COURT:
Those
ose digital
digita recording
OG
10
Yes, sir.
BO
12
13
CHIEF
F DEPUTY
DEPUT SHERIDAN:
SH
OF
10:44:51
Your Honor,
, it
t would
l be until the case has been adjudicated.
COURT:
THE
HE C
R
18
may
y no
not have resulted in any charges.
ND
19
material is maintained
for?
ai d for
ain
or?
?
16
17
All right.
right
TH
15
21
THE COURT:
IE
20
FR
22
All right.
10:45:05
your best, and I mean your level best, come up with a plan,
yo
2
23
24
25
10:44:29
EF
11
14
10:44:18
Yes, sir.
10:45:20
MR. CASEY:
10:45:40
Well, clearly.
.C
OM
BO
11
were as well.
MS. WANG:
13
THE COURT:
And now
ow that I find out that recording was
15
TH
14
OF
requirement
order which will maybe be extended,
nt in
n the or
18
depending
ing
ng upon how long it takes to -- for the plaintiffs to
19
digest
information and for it to be of use to others.
gest this
his i
ND
17
MR. CASEY:
M
21
THE COURT:
22
(Pause in proceedings.)
FR
IE
20
24
25
10:46:08
16
2
23
10:45:56
EF
12
OG
10
MS. WANG:
10:46:25
10:46:41
MR. CASEY:
1
2
I'm sorry.
Deputy Sheridan?
10:46:56
.C
OM
THE COURT:
11
12
OG
13
10:47:17
EF
10
BO
Yes,
sir, and I will get that
Ye
15
16
the organization.
ion.
ion
.
17
in rules of
domestic violence cases and
f how
ow to investigate
in
18
those kinds
along with cameras and -- and those
nds of things,
h
19
devices
record evidence.
vices
ice to re
TH
14
10:47:29
OF
THE COURT:
T
20
22
2
23
24
25
RI
21
10:47:54
10:48:17
2007.
.C
OM
BO
I was
10
All right.
I'm
m going to ask you, in
OG
12
13
14
15
those recordings.
TH
MR. CASEY:
CASEY:
10:49:19
Does
Doe the Court have an MBOS executive
OF
16
session or public
meeting notice date that would help us
ublic
bl
m
mee
18
identify?
fy
y?
17
THE COURT:
I do not.
20
MR. CASEY:
M
Okay.
21
THE COURT:
IE
ND
19
FR
2
23
10:48:59
EF
11
22
10:48:43
10:49:32
was -- that the paperwork for the MCSO labeled this stuff the
wa
mobile computer program.
24
MR. CASEY:
25
10:49:49
-- because I'm
I m not familiar
I'
fa
with that.
THE COURT:
10
11
Well --
That's fine.
I will expe
expect you to do
exp
OG
that.
13
THE COURT:
Yes,
Ye , sir.
Yes
s
Now,
just say I want the very first
, let me
m ju
15
16
I realize that
information you now have is extensive and
t the infor
i
17
may well be
but as I've said, I think that the first
e damaging,
damaging
amagin
18
obligation
tion
on that
tha you owe the public and that I clearly owe the
19
public,
well as the parties in this lawsuit, is that we find
blic, as we
blic
20
21
implicated here.
implic
impli
ND
IE
FR
10:50:29
OF
TH
14
22
10:50:20
EF
12
10:50:09
THE COURT:
BO
.C
OM
10:50:44
2
23
24
25
10:51:00
that.
But regardless of whether I've listed the kinds of
recordings that may or may not take place, I expect your plan
.C
OM
BO
11
12
10:51:27
EF
OG
10
Do you understand
nd what I'm
I'm saying?
14
15
THE COURT:
T:
TH
13
Yes, sir.
Do
o you have any concerns about that,
10:51:42
OF
16
10:51:12
MS.
S WANG:
WA :
WANG
17
COURT:
THE
HE C
R
All right.
18
you,
Deputy Sheridan, in any of the recordings that you,
u, Chief De
20
21
22
recordings?
re
10:51:54
FR
IE
ND
19
2
23
24
25
videos that I have seen my answer would be no, but his would be
10:52:10
different.
THE COURT:
CAPTAIN HOLMES:
THE COURT:
Thanks.
record again.
10:52:18
CAPTAIN HOLMES:
THE COURT:
CAPTAIN HOLMES:
All right.
.C
OM
Thank you.
BO
11
12
15
stops?
CAPTAIN
AIN HOLMES:
HOL
HOLMES
OF
17
TH
14
16
10:52:56
possibly.
COURT:
THE
HE C
R
18
CAPTAIN HOLMES:
CAPT
ND
19
present and the other one I don't know the name currently, but
present,
21
IE
20
FR
22
2
23
24
25
10:52:32
EF
THE COURT:
13
OG
10
THE COURT:
All right.
10:53:07
Thank you.
10:53:22
THE COURT:
Thank you.
MR. CASEY:
BO
MR. CASEY:
Sure.
10
THE COURT:
-- to gather everything.
verything.
verything
.
OG
we've got everything we can get, at least we've got the data
12
13
point.
14
15
EF
11
TH
OF
concerned t
to the
to which other deputies may be involved
th extent
exte
x
18
and have
these inappropriate depositions, and I'm
ve witnessed
witne
itne
19
highly
concerned
to the extent that Lieutenant Sousa, who was
ghly concer
oncer
20
21
ND
IE
FR
22
25
10:53:58
17
24
10:53:42
Chief
Sheriff Arpaio, of course I am
f Deputy
Deput Sheridan,
Sh
16
2
23
10:53:32
THE COURT:
.C
OM
question.
SHERIFF ARPAIO:
10:54:21
Yeah.
10:54:39
deputies.
SHERIFF ARPAIO:
THE COURT:
.C
OM
Yes, I do.
10:54:53
11
THE COURT:
12
SHERIFF ARPAIO:
That's right.
ght.
ght
We will
do that.
w
wi
OG
10
BO
10:55:07
EF
I have delegated
the -- this
de
delega
14
15
resources to accomplish
mp
mpli
h that
tha mission.
TH
13
THE COURT
COURT:
:
OF
16
10:55:23
18
to trust
you delegate, but I just want to make it clear,
st who yo
y
19
and
don't
this to sound like a threat, you understand
d I don
n't want
w
20
21
22
10:55:39
FR
IE
ND
17
2
23
24
25
SHERIFF ARPAIO:
That's correct.
10:55:56
THE COURT:
SHERIFF ARPAIO:
THE COURT:
Yes.
.C
OM
THE COURT:
All right.
10:56:05
11
No.
OG
10
BO
I can understand
your concern,
unders
de
13
14
15
elected sheriff we
will
we can to get to the
e w
l do everything
e
16
bottom of this.
s.
OF
TH
EF
12
THE
COURT:
H COURT
CO
:
17
SHERIFF ARPAIO:
SHER
ND
19
20
FR
22
Yes, I --
THE COURT:
T
MR. CASEY:
10:56:50
him.
him
hi
.
IE
21
All right.
10:56:38
completely
with my monitor.
tely
ly wit
18
10:56:19
2
23
24
25
I don't want
10:57:05
.C
OM
SHERIFF ARPAIO:
THE COURT:
11
SHERIFF ARPAIO:
If we have
-ave some
som differences
d
di
Bring them to me
me.
.
10:57:34
OG
10
Yes.
BO
-- I'm sure
bring that
sur we
e will
wi
13
EF
12
And do
o that
tha in a timely fashion.
But
with -- to me.
But in
I believe that all records
n the meantime,
mean
meant
15
16
And
Casey, if you have any problem with that, it's
n Mr
Mr. Case
Ca
17
time to
o let me know now.
MR CASEY:
MR.
ND
19
No.
an hour ago:
I said maybe
may
21
22
to the Court.
FR
IE
20
10:57:58
2
23
24
25
10:57:47
OF
TH
14
18
10:57:22
We welcome his
10:58:16
involvement.
realize we've gotta get some information to you, but that's why
purview.
THE COURT:
Thank you.
And we
.C
OM
the MCSO.
BO
8
9
11
12
13
EF
OG
10
TH
14
Yes, sir.
10:58:47
On Monday I
instructed Captain
Holmes,
our commander of the
n H
mes
s, o
16
Internal Affairs
to initiate an internal
irs division,
div
divisio
17
investigation
to
ti n and
a
t put on notice all the members of the Yuma
18
smuggling
unit, t
that's the unit that Deputy Armendariz
ing
ng unit
19
primarily
worked with during the time of -- under the
imarily wor
20
21
22
investigation.
inv
in
10:59:07
RI
EN
D
OF
15
2
23
10:58:30
10:59:32
24
25
10:59:56
share the same concerns the Court does about who knew what,
along?
.C
OM
11
MS. WANG:
Any questions?
Ms.
Wang?
Ms
M
. Wang
ang?
11:00:51
OG
10
BO
13
gathering information.
THE COURT:
Well,
Well
Wel
, let
t me just say, I'm going to meet
TH
14
EF
12
15
11:00:26
11:01:05
OF
16
CHIEF
H EF
F WARSHAW:
WARSHA
S
17
COURT:
THE
HE C
R
All right.
18
Or not.
monitor
work with you on a plan that he can approve that's
nitor
ito to wo
20
your best thinking about how you can, without resulting in any
21
22
based on what you find, and/or maybe beginning before you can
ba
11:01:22
FR
IE
ND
19
2
23
assess what you find, depending upon your thoughts, you result
24
25
11:01:40
MS. WANG:
Deputy --
MS. WANG:
THE COURT:
Yeah, of course.
11:01:49
.C
OM
THE COURT:
3
4
BO
11
12
13
14
15
situation.
All right.
11:02:21
going to say
I'm
enforcement professional.
a I
'm no
o law
l
18
want to
o protect
protec you, protect your men in an appropriate way.
I certainly
19
But
want to move quickly, especially in terms of
t I also
so wa
20
gathering evidence.
21
22
FR
IE
ND
S
17
2
23
your best to make sure that you can obtain all the evidence
24
25
11:02:00
EF
TH
THE COURT
COURT:
:
OF
16
He had
good advice for
ha some
so
som
OG
10
11:02:34
11:02:49
Yes, sir.
.C
OM
Captain Holmes
s is
Ms. Wang.
MR. CASEY:
10
All right.
Thank you.
BO
THE COURT:
OG
THE COURT:
You may.
12
MR. CASEY:
-- real quick,
quick briefly.
bri
13
15
16
17
needs something
filed under seal or whatnot, you'll
et ing
ng in writing,
wr
18
issue an
us to that.
n order directing
i
19
your
informed.
ur agent in
ND
OF
TH
14
That's correct.
21
MR. CASEY:
Okay.
IE
THE COURT:
T
FR
11:03:33
Is that --
20
11:03:47
you know on the record is Cecillia Wang mentioned that she has
yo
2
23
24
25
11:03:21
EF
11
22
11:03:03
11:04:03
.C
OM
We will
And if Bob
B
BO
11
12
13
EF
OG
10
Did I accurately
that?
ately
tely capture
captu
captur
15
THE COURT:
T:
TH
14
right.
All rig
ri
CAPTAIN
A TAIN
AI HOLMES:
HOLM
O
17
COURT:
THE
HE C
R
All right.
updates
terms of who else you may find on those tapes and
dates
ate in te
20
21
IE
ND
19
FR
11:05:00
18
22
11:04:36
OF
16
11:04:22
We will be receptive.
MR. CASEY:
11:05:14
2
23
24
25
What I mean, as
11:05:27
THE COURT:
All right.
MR. CASEY:
I think you're
.C
OM
THE COURT:
Thank you.
Ms. Wang.
10
MS. WANG:
11
BO
All right.
OG
11:05:49
today.
13
14
15
number of -- quite
e a volume
ume of recordings and other data that
16
were available
the close of discovery as well as through
e before
befor th
17
the time of
and the discussions about the remedies in
f the
he trial
tri
18
this case
ase
e that we should have gotten as plaintiffs.
19
concerned
about that, particularly in light of the spoliation
ncerned
cerned abo
20
IE
FR
22
11:06:09
I'm
ND
S
OF
TH
EF
12
21
11:05:38
11:06:28
2
23
investigation.
24
25
My understanding
11:06:52
process that MCSO has undertaken to date and going into the
he
future.
11:07:14
.C
OM
BO
11
OG
10
13
14
15
of evidence.
16
about to promulgate
new document retention policy tomorrow.
ulgate a ne
TH
policy,
combined with the notice they've already given to
, combin
members
mbers
ber of the
th Human Smuggling Unit, combined with the
20
21
22
FR
19
2
23
24
25
11:07:52
I think
that timing of an announcement of a
hink
in that
h
IE
ND
S
18
Chief
indicated that they are
ef Deputy
puty
ty Sheridan
S
OF
17
EF
12
11:07:34
11:08:14
11:08:35
Circuit.
.C
OM
13
this Friday.
14
15
work as plaintiffs
s to
t decide
cid whether to take steps in light of
16
17
the defense
e counsel
ounsel about that.
EF
12
OF
TH
And in light
ht of what appears to be some very
COURT:
THE
HE C
R
All right.
ND
few
w questions for you.
Would it be your suggestion that the MCSO not
W
20
11:09:55
IE
FR
22
11:09:39
18
21
11:09:21
11
19
11:08:58
BO
OG
10
MS. WANG:
2
23
24
25
of common sense.
11:10:14
Yeah.
.C
OM
with the sheriff and/or with the plaintiffs about how they
ey
Chief?
I have no concerns,
but I
, Your
You Honor,
Hono
o
BO
CHIEF WARSHAW:
11
12
13
14
clarity on that.
TH
Clearly, as
to the digital recording
a it pertains
per
pert
15
17
purchased b
by the
in our interactions with the command
th County,
Coun
o
18
of two distric
districts, it was very clear that there has been no
11:11:08
ND
S
OF
16
policy
so I would not be familiar with any retention
licy on
n that,
tha
20
21
22
IE
19
FR
11:10:50
EF
OG
10
2
23
11:10:32
11:11:32
There were
24
25
11:11:54
in context.
MS. WANG:
THE COURT:
THE COURT:
11:12:22
BO
.C
OM
11
investigation to date?
Your Honor,
nor, I have just been advised that
nor
14
investigation by Internal
that state law also requires
rna Affairs;
rnal
Affai
Affair
15
a certain level of
confidentiality.
f co
fident
den
TH
13
11:12:57
OF
16
to the Court
seal,
to the monitor under seal, to the
r under
un
se
18
plaintiffs
under seal, so long as we can also do it consistent
iffs
ffs und
19
with
th
h Arizona law, which I'm sure there is a way we need to do.
20
We can do that.
ND
17
IE
21
FR
22
2
23
24
25
11:12:35
EF
MR. CASEY:
12
OG
10
11:13:15
THE COURT:
All right.
MR. CASEY:
do that.
To the
11:13:21
THE COURT:
Under seal.
MR. CASEY:
Yes, sir.
THE COURT:
.C
OM
BO
It is
s not to be
right?
All r
MS. WANG:
11
11:13:46
OG
10
13
14
developments.
TH
EF
12
MR. CASEY:
Y:
15
I can
you that counsel for the
an tell
t
11:14:01
sheriff in the
was present with us on Monday.
e DOJ case
c
17
are separately
by the Jones, Skelton law firm.
at ly
y represented
repres
r
18
don't know
done, but I know that they've got a lot
now what
wha they've
t
They
I
ND
S
OF
16
19
11:13:26
to do
can't tell you what representations are.
do,
, so
o I c
I can tell you, however, it is my position, I will
20
22
FR
IE
21
11:14:23
2
23
24
Rights Division, but that you cannot share -- it's our position
25
11:14:40
.C
OM
Otherwise,
not -- so it's clear for the plaintiffs and clear for the
e
not happening.
11:14:58
BO
That's
11
13
MS. WANG:
14
THE COURT:
11:15:17
Any concern
that, Ms. Wang?
cern about
ab
EF
THE COURT:
No, Your
ur Honor.
Honor
All right.
right
TH
12
OG
10
It is my understanding that
regardless of whatever
agreement
you have with the Department
tev
agree
gre
16
of Justice, this
his suit
sui is this suit.
17
18
you cannot
this information with the Department of
nnot
no share
sha
19
Justice
unless and until I authorize you to do so.
stice
tic unles
11:15:31
ND
OF
15
20
22
FR
IE
21
11:15:48
2
23
24
MS. WANG:
25
THE COURT:
Understood.
Have I taken care of all of your concerns?
11:16:01
MS. WANG:
3
4
All right.
.C
OM
BO
OG
10
13
14
15
16
just as I expect
are not going to commit perjury in
ect that
tha they
th
17
any other l
lawsuit
because of what they've talked about today,
wsuit
su
b
bec
18
and they
well
ey
y may w
l want to give you an extension of time for
19
them
to get an arm -- their arms around what you
em
m to
t be able
ab
20
also want to get your arms around, but I will leave that to
21
you,
Casey.
you
yo
, Mr.
M
It would seem to
11:16:52
IE
ND
OF
TH
EF
12
FR
11:16:38
11
22
11:16:16
MR. CASEY:
11:17:14
2
23
24
plaintiff that if she will contact Eileen and I, they will have
25
an extension.
11:17:26
.C
OM
Circuit case.
All right.
BO
THE COURT:
11
12
13
11:17:52
EF
OG
10
15
(Pause in
n proceedings.)
proceedin
edi
16
MS. WANG:
WANG:
TH
14
11:18:23
OF
17
11:17:39
COURT:
THE
HE C
R
18
MS WANG:
MS.
ND
19
THE COURT:
T
20
Yes.
I'll tell you what:
22
FR
IE
21
11:18:34
2
23
MS. WANG:
Thank you.
24
THE COURT:
Um-hum.
25
MR. CASEY:
11:18:46
pretty clearly.
It might be less
.C
OM
10
MR. CASEY:
Okay.
11
12
SERGEANT BENTZEL:
Sergeant
Bentzel.
Sergean Jason
Ja
13
MR. CASEY:
to?
THE CLERK:
K:
15
MR.
R CASEY:
CA
CASEY
:
25
OG
ND
24
11:19:25
clerk.)
clerk.)
IE
FR
2
23
Oh,
thought you were going to play it on
h, I t
(Off-the-record
discussion between the Court and the
(
Off
21
22
Okay.
y.
I apologize.
ogize
gize.
.
19
20
I apologize.
apolo
apologi
your own --
17
18
11:19:15
OF
16
And I ask
Court's indulgence.
sk
k the Cour
Cou
EF
14
please.
TH
BO
THE COURT:
11:19:04
Honor?
Ho
MR. CASEY:
11:19:42
Five minutes?
THE COURT:
All right.
11:19:48
(Recess taken.)
THE COURT:
Please be seated.
MR. CASEY:
.C
OM
Before
ore we
BO
11
traffic stops.
OG
10
EF
We're picking it up
14
15
approaching a couple
middle-aged individuals.
pl of
ple
f midd
mid
TH
13
OF
17
18
know, 0040
4 hours.
hou
19
midnight,
dnig , and we can see that it's daylight.
dnight
20
the time --
11:31:13
ND
IE
21
FR
He's
16
THE COURT:
accurate?
ac
2
23
CAPTAIN HOLMES:
24
THE COURT:
25
11:30:54
12
22
11:30:35
All right.
CAPTAIN HOLMES:
THE COURT:
MR. CASEY:
THE COURT:
I saw it.
MR. CASEY:
Okay.
THE COURT:
MR. CASEY:
Yeah.
.C
OM
Okay.
11:36:19
BO
Were you --
I just wanted
ed to point
poin out for the
11
Uh-huh.
13
MR. CASEY:
Okay.
y.
aware of that.
And I just
wanted the Court to be
j
TH
14
THE COURT:
T:
Thank
hank
nk you.
y
16
(Video
played, then paused.)
eo clip pla
11:36:32
OF
15
MR.
R CASEY:
CA
CASEY
:
17
what is
s on
o the lower portion of this screen right here at the
19
4552
52
2 mark is what we understand to be the mobile computer --
ND
18
MDC?
M
21
CAPTAIN HOLMES:
22
MR. CASEY:
FR
IE
20
11:38:35
2
23
that is.
24
25
11:36:24
EF
12
OG
10
Please continue.
11:38:47
MR. CASEY:
That would be --
4
5
.C
OM
Okay.
11:42:04
BO
11
12
13
I think that's
s the
he most
os -- probably the most it's
TH
14
appropriate for me
e to
t say
y at
a this, but it's been designated
16
17
18
THE
H COURT:
CO
COURT
:
All right.
MR.
MR
R. CASEY:
C E
let's
please.
t's
s start
art that,
t
THE COURT:
T
20
2
23
MR. CASEY:
24
THE COURT:
RI
22
25
11:42:51
identified -identi
ident
21
11:42:41
OF
15
19
11:42:23
EF
OG
10
I'm sorry?
11:42:56
MR. CASEY:
Captain Holmes?
CAPTAIN HOLMES:
THE COURT:
All right.
MR. CASEY:
Thank you.
.C
OM
BO
Excuse me.
13
14
15
16
17
correct time,
although
the date may be correct.
m
altho
althoug
EF
12
OF
TH
And
course of the extended stop
nd during the
t
ND
Honor.
nor
or.
21
MR. CASEY:
IE
20
FR
11:43:48
So
o if you would please start it.
18
22
11:43:27
11
19
11:43:09
OG
10
This is dated,
dated
at ,
11:50:17
2
23
basically to be quiet.
24
outside.
25
He takes him
11:50:31
Is that accurate --
CAPTAIN HOLMES:
MR. CASEY:
CAPTAIN HOLMES:
THE COURT:
11
11:50:43
CAPTAIN HOLMES:
My best recollection,
about 25
ion,
ion
, it was
w
BO
10
Yes.
8
9
-- Captain Holmes?
minutes.
MR. CASEY:
OG
That's correct.
.C
OM
13
Is there anything
ng more you want to see, Chief?
14
CHIEF WARSHAW:
W:
15
THE COURT:
T:
16
MS. WANG:
WANG:
THE
COURT:
H COURT
CO
:
-- Ms. Wang?
TH
sir.
No sir
No,
si
OF
Anything
more you want to see -Anythin
thi
IE
ND
S
18
I appreciate
ciate that.
that
t
EF
12
17
11:51:04
I'm
19
going
order, and I think I already have, that all these
ing to orde
20
21
22
FR
11:50:53
11:51:12
I do
2
23
24
voluntarily.
25
.C
OM
11:51:46
BO
But to
o the extent
exten
t
11:52:03
OG
10
12
13
14
15
trying to suggest th
that you
haven't been as honorable as
ou h
16
possible, given
information that you have -- it's very
en the info
17
important t
that
at
t there
r be very close observation.
EF
11
TH
OF
ND
you
present.
u were pres
It seems to me --
MR. CASEY:
M
Sandy Wilson?
21
THE COURT:
IE
20
FR
22
11:52:18
We've
We
e've just had a session with Sandi Miller at which
18
19
11:52:35
Yes,
It seems to me that
2
23
24
25
11:52:47
here.
.C
OM
BO
11:53:15
11
12
13
14
15
16
11:53:32
OF
TH
EF
OG
10
11:53:49
But
course,
I do recognize that that is only a
u of cour
u
17
possibility
ility
ity and
an at this point is very premature.
We need to
19
get
t ou
our arms around everything that I'm sure the MCSO is going
20
21
22
require the monitor to inform any concerns he has that the MCSO
re
2
23
24
11:54:14
RI
18
25
11:54:35
MR. CASEY:
direction.
MR. CASEY:
BO
Okay.
Yes, it is.
11
done.
12
13
doing that.
14
15
difficulties, then
we'll
n w
ll be back in front of you.
It's in front
nt of the Court.
My
TH
Again, if there's
here
re's
s any
ny issues, hopefully we're
If there are any big
OF
18
issue that
the Meraz-Nieto stop, and in candor I
ha you addressed,
d
IE
ND
S
of candor i
is that
Mr.
Liddy and I have talked about the very
th
M
Mr
19
talked
lked
ked to
o Dan Pochoda and Cecillia Wang before they saw the
20
videotape.
videotape
21
FR
11:55:19
17
22
11:55:02
EF
OG
10
16
11:54:50
.C
OM
11:55:37
2
23
24
25
11:55:53
1
2
life.
.C
OM
But as an
BO
were unable to
They w
11:56:46
11
person.
13
14
15
responsible, whatever
ev
eve
might
ght be the outcome.
16
17
18
find out
the monitor's going to find out.
ut and t
11:57:08
OF
TH
EF
12
ND
19
21
22
IE
20
FR
11:56:17
OG
10
We have the
11:57:29
2
23
to you.
24
so you can be easy on us; it's a matter that we've got an issue
25
and we need to solve it, and we know that more minds are better
11:57:45
Thank you.
.C
OM
BO
8
9
10
11
12
other matters.
EF
OG
11:58:16
13
15
16
17
OF
TH
14
And
11:58:33
what
And
nd w
t you did was, I think, completely appropriate.
18
You
u did
di what a lawyer should do, and that is you represented
20
21
22
IE
ND
19
FR
11:57:58
11:58:51
2
23
24
25
I understand that.
I understand that
11:59:13
have been statements, and I've indicated that the sheriff can
in the course.
.C
OM
BO
11:59:28
MacIntyre.
11
12
13
inappropriate position -- if he
to take the lead
he's
s going
g
14
15
racially profiled he
here,
it's important that the
h
, I think
t
th
16
17
involved in
of a question.
n that
ha kind
i
11:59:47
But if he is going
12:00:04
OF
TH
EF
OG
10
So
o it isn't that I think he's an inappropriate
18
instructor
structor
tructor in general or that I doubt his qualifications or
20
bona fides,
fides but I'm not going to be approving him as somebody
21
22
12:00:19
FR
IE
ND
19
2
23
24
to the instruction.
25
12:00:37
off from the sheriff's -- from Sandi Wilson, and that all the
.C
OM
Mr. Casey, and I expect that you know that I will hold you
to
y
it.
BO
And I believe that in doing so, I'm doing you and your
yo
o
And it may
A
11
12
13
14
TH
And I appreciate
the sheriff's avowal that that will
pr iate
prec
e th
t
be the case, the chief
deputy's
avowal that that will be the
chi
d
17
case, and t
that
at
t all in their department who have any role with
18
this will
ill
l make it
t the case and will not be dealing to the
IE
ND
S
19
department's
partment's
partment
's self-interest, to my self-interest, to the
20
21
the truth.
to uncovering
un
unc
FR
12:01:49
2
23
MS. WANG:
24
25
12:01:34
OF
16
22
12:01:13
EF
OG
10
15
12:00:55
serving as a trainer.
12:02:03
THE COURT:
your right.
statement.
11
.C
OM
BO
teaching.
12:02:42
I do
13
14
15
training has to be
e unbiased
u iased
sed and correct, and have the
16
appearance of impropriety,
I just think it's more appropriate
improp
impropriet
17
18
am not going t
to approve Chief Sheridan as an instructor.
EF
12
But I just
12:02:58
IE
ND
S
OF
TH
I'll
do it again.
I
20
21
22
FR
19
12:02:22
OG
10
But
ut
2
23
24
25
those roles.
That's why.
12:03:17
12:03:35
Anything else?
MS. WANG:
.C
OM
I do have
ave a
12:03:49
is limited to him.
BO
11
12
13
TH
14
investigating agency,
nc
ncy
not
t to
t go into the investigation with a
16
presupposition
n about the outcome or a desired outcome, but
17
approach that
with an open mind to wherever it
h t investigation
inves
investi
18
may lead.
ad
d.
IE
ND
S
THE COURT:
20
21
22
FR
12:04:30
OF
15
19
12:04:09
EF
OG
10
2
23
24
fortunately, we're going to find the facts, and we will let the
25
12:04:48
And
12:05:09
else.
courtroom.
.C
OM
Thank you.
MR. CASEY:
(Proceedings concluded at 12
12:05
p.m.)
2:05 p.m
m.)
.
OG
10
Thank you.
11
EF
12
13
TH
14
18
ND
19
17
OF
15
16
20
IE
21
FR
22
2
23
24
25
BO
12:05:26
1
C E R T I F I C A T E
.C
OM
3
4
5
BO
OG
10
12
13
14
TH
EF
11
16
DATED
Arizona, this 15th day of May,
A ED
D at Phoenix,
P
Pho
17
2014.
ND
19
18
OF
15
20
IE
21
FR
22
2
23
24
25
s/Gary Moll