MARK GOUDEAU INNOCENT BLOG
HOLY CRAP!
LIES, CORRUPTION AND COVER UPS  - What everyone (PPD) knows about the Mark Goudeau case, but no one wants to talk 
Phoenix Law Enforcment Association - CLICK HERE TO VIEW POLICE SUPERVISOR'S COMMENTS ON "PLANTING EVIDENCE"  AND CALL MARK A N-R!! 
Detective Frank Duran lies to grand jury

 

 

 

 

 

And Justice For All?
If you didn't already know this, the county attorney has already indicted and charged two other people for crimes linked to the Baseline attacks. The blundering and illogical attempt of arresting one of these men, James Mullins, out of sheer desperation is featured in Paul Rubin's Phoenix New Times article "I Dunnit", September 21, 2006.

Here are other stories of our city officials. . . .

Enemies List
Paranoia aside, Sheriff Joe Arpaio and County Attorney Andrew Thomas just may be targeting you
Phoenix New Times
By Sarah Fenske
Published: November 29, 2007

***************************

Our Community Under Siege
Where do we turn when law enforcement threatens citizens like a grim force of nature?
Phoenix New Times
By Michael Lacey 
Published: December 27, 2007


And the recent utter abuse of the constitution by Andrew Thomas with his special prosecutor Wilenchik:

IN YOUR FACE! FURIOUS PUBLIC BACKLASH FORCES COUNTY ATTORNEY ANDREW THOMAS TO DROP CASE AGAINST NEW TIMES.

Fri Oct 19, 2007 at 04:42:17 PM
Phoenix New Times



And another Andrew Thomas fiasco featured on 20/20:

Read ABC News 20/20 Jim Avila's interview with county attorney, Andrew Thomas, on the case and outcome of a 15 year old Phoenix boy . . . "

JIM AVILA:  So there was a huge amount of evidence that in fact, this kid was not involved in a sex crime. And yet, your office and you yourself continue to believe and put him through two years of hell, because you continue to believe despite lie detector tests, court psychiatrist reports, a report from the computer expert who said it could have come from anywhere…you continue to say…

ANDREW THOMAS:  (Overlap) Well…

JIM AVILA: …that he did it.

ANDREW THOMAS:  Well, I…again, I…I'm not sure that that's totally right. But you gotta… "
Read on . . .
 
INNOCENT    INNOCENT    INNOCENT 
                                
Another example of a rush to charge impacting the lives of innocent people, the Duke lacrosse players “calling for a reform in the justice system and restraint in the media.” This parallels closely with the public conviction of Mark by the mayor, county attorney and chief of police outside of a court, without evidence, and on the streets. They even resorted to name calling.  To deny a person his basic constitutional rights by these “leaders” in our community is abhorrent.

Prosecutor in Duke case apologizes to players
POSTED: 8:21 p.m. EDT, April 12, 2007

“County District Attorney . . . .made inappropriate comments to the media about evidence, testimony, and the students' character and credibility. . . the result of a tragic rush to accuse and a failure to verify serious allegations" and said Nifong "pushed forward unchecked.

The three former defendants, visibly angry over their treatment, called Wednesday for reforms in the justice system and restraint in the media.”

"Many people across this country, across this state, would not have the opportunity that we did, and this could simply have been brushed underneath the rug just as another case and some innocent person would end up in jail for their entire life," Evans said. "It's just not right."

INNOCENT    INNOCENT    INNOCENT

It's no secret that innocent people can be wrongfully convicted.  A large reason for this are over- zealous prosecutors and police who choose to ignore the facts in a rush to bring charges.  Whether deliberate or a result of shoddy work it's a shameful history repeated over and over again.  No one is immune from being accused of a crime they didn't commit.   Here's a recent story of an innocent man, James Waller,who spent 24 years in the prison/parole system because of the egregious conduct of the prosecutors.

Texas men's innocence puts a county on trial
DNA is expected to clear a convicted rapist, as it has 3 of his friends.
By Miguel Bustillo, Times Staff Writer April 9, 2007

INNOCENT    INNOCENT    INNOCENT

Other Articles of Interest On Our Very Own County Attorney, Andrew Thomas

Tough questions for tough talkers, The Arizona Republic, March 6, 2007

Wrongful executions are always permanent,The Arizona Republic, Feb 21, 2007

Death penalty makes mistakes permanent, The Arizona Republic, Feb 3, 2007

Fast death-penalty trials urged, The Arizona Republic, Feb 3, 2007

JP tosses charges vs. owner of Ajo Al's;  Health code violated, county attorney said, The Arizona Republic, Feb 3, 2007

Going full throttle on the train to hell, The Arizona Republic, Feb 13, 2007

You won't believe what Andrew Thomas put this family through.  Click on the link below for the full story that aired Jan 12, 2007.
A Teenage Boy Faces Decades in Prison For Visiting Sexually Explicit Web Sites, ABC News 20/20


Books to Read

An Innocent Man
If you believe that in American you are innocent until proven guilty, this book will shock you.  If you believe in the death penalty, this book will disturb you.  If you believe the criminal justice system is fair, this book will infuriate you.  John Grisham's first nonfiction.












Death penalty makes mistakes permanent
The Arizona Republic
Feb. 3, 2007 12:00 AM

Regarding Maricopa County Attorney Andrew Thomas' "My Turn" ("Capital punishment delayed is justice denied for victims and citizenry" (Opinions, Thursday):

Predictably, Thomas continues to beat the drums for more and quicker executions. And, sadly, he ignores the facts and continues to believe that the death penalty deters crime and is the ultimate penalty.

Texas and Virginia use the death penalty more than all other states, yet they have very high murder rates.

It was only five years ago that Ray Krone was finally released from Arizona's death row. Ray Krone was a victim of overzealous Maricopa County prosecutors. Had the current Maricopa County attorney had his way with speedy executions, Krone might have been murdered by the state of Arizona.

When Krone was released in 2002, he represented the 100th person finally released from the death rows across our nation because it was discovered that someone else had committed the crime.

Unless you are God or acting in self-defense, one should think very long and very hard before executing another. When it comes to killing, deliberate trumps speedy.

And speaking of God, I doubt that God sees death as a penalty. I suspect that living with the knowledge of who you are and what you have done is the ultimate penalty. - David W. Gallagher, Lakeside



Fast death-penalty trials urged
Michael Kiefer
The Arizona Republic
Feb. 3, 2007 12:00 AM

The Maricopa County Attorney's Office has asked a judge to order public defenders to take more death-penalty cases.

The demand came in response to a defense attorney's request to postpone a murder trial until an attorney qualified to handle death-penalty cases could be appointed. Deputy County Attorney Patricia Stevens asked the court to deny the request. The judge's decision is pending.

"Our state Constitution gives victims the right to a speedy trial, and a stay denies those rights," County Attorney Andrew Thomas said.

On Friday, Judge Andrew Klein of Maricopa County Superior Court said that the court needed to weigh that right against the defendant's rights to competent counsel and a fair trial.

People facing the death penalty are appointed two attorneys, each of whom must meet specific qualifications.

There are more than 130 death-penalty cases pending in Maricopa County Superior Court and more than a dozen cases that cannot be assigned to attorneys.

Klein asked that a hearing be held in front of the presiding criminal-case judge to discuss all of those unassigned cases.

But Stevens' brief is the latest step in a burgeoning battle between Thomas and defense attorneys.

Last month, Thomas told The Arizona Republic that the county's public defenders have a "leisurely workload" and accused them of "stepping up their efforts to delay those cases and frustrating the state's ability to prosecute murderers."

James Haas, head of the Maricopa County Public Defender's Office, countered the allegation.

"He clearly doesn't know what he is talking about," Haas said. "The lawyers who take our capital cases are the hardest working I've ever seen.

"If it's such a leisurely workload, why do we have such difficulty getting people to do it?"

Few defendants can afford the $200,000 to $400,000 it costs to defend against capital murder charges.

Nearly all are appointed attorneys paid by the county. If there are no qualified attorneys available from the county's four public defender agencies, the cases are referred to the Office of Contract Counsel, which appoints and pays attorneys in private practice to take the cases.

Mark Kennedy, the former prosecutor in charge of that office, has said repeatedly that he has run out of attorneys to appoint to death-penalty cases.

He claimed that he has 15 such cases for which he is seeking attorneys.

"We're trying as hard as we can," Kennedy said.

Defense attorneys interpret American Bar Association standards as meaning they should not handle more than two or three death-penalty cases at one time.

Haas said reasonable workloads are ruled by "a long line of federal cases."

Thomas pointed out that his prosecutors handle as many as seven at a time, and he thinks that public defenders should do the same.

But defense attorney Vikki Liles said defense attorneys have more investigating to do than prosecutors.

"The cops have done all the work for them," Liles said. "We have to start from ground zero."

"There's an ethical situation here," Liles said. "A lawyer can only take what a lawyer can handle."

Stevens' brief to Klein also suggested that the court look at how the lawyers are appointed to cases, citing instances where two "first-chair," or lead attorneys, are sometimes appointed to a single case.

The qualifications for "first-chair" are higher than for "second-chair."

Kennedy bristled at the suggestion that Thomas' office be allowed to meddle in defense decisions. "He is not going to have a say in how the lawyers are apportioned," Kennedy said. "He is not going to dictate to my lawyers how many cases they can handle at one time. These people are being pushed as far as they can. "If Andrew Thomas thinks my lawyers are lazy, he needs to come over here some time in his career and defend one of my cases," he said. "They are the hardest cases there are to defend."

JP tosses charges vs. owner of Ajo Al's Health code violated, county attorney said
Michael Kiefer
The Arizona Republic
Feb. 3, 2007 12:00 AM

The owner of a popular Phoenix eatery that was targeted by the Maricopa County Attorney's Office in a crusade against dirty restaurants was acquitted Thursday in Justice Court.

In June, County Attorney Andrew Thomas held a news conference to announce charges against Dennis Patrick Dains, owner of four Ajo Al's restaurants, because of failed inspections at the chain's restaurant at 5101 N. 16th St.

Thomas claimed during the news conference that several customers at the restaurant had become ill with a food-borne illness called shigellosis, and he charged Dains with four misdemeanor counts of failure to comply with health code regulations. Dains decided to fight the charges in court.

Justice of the Peace Michael Orcutt threw out the charges Thursday during a bench trial after Dains' defense attorney pointed out that the restaurant had complied with state regulations by entering into a stipulation with the state and correcting the health code infractions.

Ivan Mathew, who represented the restaurateur, said Dains should never have been prosecuted because he was no longer out of compliance. "He (Thomas) should have done his homework before he held a press conference and blasted us in public," Dains said. "We think they were looking for a high-profile restaurant that they could blast on the news."

Dains said there was no proof the diners contracted shigellosis, which causes diarrhea, at his restaurant.

He said his business lost at least $1 million in the seven months since the televised allegations.

But Barnett Lotstein, special assistant county attorney, said that the prosecution had proved its case and that the justice of the peace had mistaken "double punishment" for "double jeopardy." Dains still could have been convicted, but perhaps not punished because he had already been penalized, Lotstein said.

"We think the court was confused by the law, and we are researching whether we can appeal," Lotstein said.

Mathews said that Dains is reviewing his legal options against the county.



Going full throttle on the train to hell
E.J. Montini Republic columnist
Feb. 13, 2007 12:00 AM

In a court of law, an experienced defense attorney like Marty Lieberman may be able to get the better of Maricopa County Attorney Andrew Thomas, but in the court of public opinion, he has no chance.

"He knows how to get the media's attention," Lieberman said.

Thomas snaps his fingers and every TV station in town rushes over to his office. He keeps his face on TV through public service advertisements. He appears on radio. He writes op-ed columns for the newspaper. 

Putting away bad guys is the perfect political stepping-stone. Just ask Gov. Janet Napolitano. During his time, Thomas has transformed the prosecutor's office into a public relations juggernaut.

Lately, he has pulled out a prosecutor's ace in the hole: the death penalty. He's pushing a proposal in the Legislature that would speed up death-penalty trials, and he's asking a Superior Court judge to increase the caseloads of death-penalty defense attorneys. Lieberman claims that such attorneys already are overwhelmed by the more than 130 capital cases in Maricopa County. Pima County, for example, has fewer than 10.

Thomas and I played telephone tag on this subject Monday, not quite connecting. But in an essay he wrote for the Republic earlier this month, Thomas said, "The issue is whether the death penalty will become, once again, a meaningful deterrent to would-be murderers. I alone in this system am working to make this happen."

The death penalty has been called a one-way ticket to hell. But such cases crawl along the rails of the justice system like an old trolley car, stopping and starting. With Thomas at the controls, it would be more of an express train.

"It's real easy for him to make headlines and say, 'Justice delayed is justice denied,' " Lieberman said. "But when you get to the nitty-gritty, people want to make sure these cases are done right. That takes time. Police have done the job for prosecutors. A defense needs time."

Put another way, "They cannot be done correctly if they are rushed through the system," said James Keppel, the presiding criminal judge.

Lieberman founded the Arizona Death Penalty Forum, which argues against capital punishment.

"If Thomas has his way, Maricopa County is going to pass Texas (in death-penalty cases)," he said. "It's nuts. It makes the death penalty a political issue and it shouldn't be."

Lieberman and others believe there should be a nonpartisan statewide commission to decide which cases fit the death penalty. As it is, county prosecutors get to decide, meaning that a killer's fate could be determined as much by an election as by his crime.

"People also seem just as satisfied with the punishment of life without parole as they are with the death penalty," Lieberman said. "That costs taxpayers less and makes more sense."

However, Thomas says that the stalling tactics of defense attorneys often slow the process. He points to the fact that it takes an average of 19 years for a murderer in Arizona to be executed. The truth is, that seems like a long time when we're talking about the worst of the worst.

Then again, there was a time when a local man named Ray Krone was considered to be such a cold-blooded killer.
 
In the early 1990s, Krone was convicted of a horrific murder and spent 10 years in prison, including a stint on death row. DNA evidence exonerated him. In Krone's case, speeding up the process may have made some people feel a lot better about the sluggish justice system, but only until the wrong guy was executed.
 
Reach Montini at (602) 444-8978 or ed.montini@arizonarepublic.com. Read his blog at montiniblog.azcentral.com.

Wrongful executions are always permanent
The Arizona Republic Opinions
Feb 21, 2007

If our legal system were less prone to error and egotism, I'd have fewer reservations about speeding up the processing of capital cases.

I recognize that the vast majority of lawyers and judges are extremely ethical, but the court system is all-too-often influenced by political whim and holier-than-thou lawyers who believe it's near-perfect.

Sadly that's not true. The Innocence Project has exonerated 187 wrongfully convicted people to date and, in some cases, has exposed prosecutorial wrongdoing in the process.

Government entities and the Bar need to be held more accountable, both criminally and financially, for the error and unlawful activity that occurs in the system. Until there is meaningful judicial reform, death-penalty cases should proceed at a snail's pace and be appealed ad infinitum.

In the end, a wrongful execution can't be undone.

Unlike prison, there is no release from death. - Edward Casper, Phoenix

Tough questions for tough talkers
The Arizona Republic
March 7, 2007

Any kid in a schoolyard knows the difference between talking tough and being tough. As we get older, we have a harder time distinguishing between the two, particularly among politicians.

For example, Maricopa County Attorney Andrew Thomas doesn't look tough. There's a picture of him in Monday's New York Times in which he's trying to appear stern.

But Thomas is lean and youthful with a rice paper complexion, a wispy mustache and sandy hair. Add to this a somewhat nasal voice and he is more Conan O'Brien than Clint Eastwood.

He got elected promising to get tough on criminals, however, as does every prosecutor. But lately, Thomas and his people have spent a lot of time talking tough about defense attorneys, judges and even his own predecessor. And some, including the former Marine who Thomas succeeded, don't like it.

Thomas made national news because Maricopa County now has more pending death-penalty cases than just about any place else in the country. Defense attorneys say there aren't enough qualified lawyers to represent all the defendants. Judges worry that the courts can't handle the load. And there is that pesky notion of justice to consider. Fair trials. Not sending innocent men to death row, as we have here at least once in Ray Krone.

According to the Thomas spokesman Barnett Lotstein, none of that is the problem.

"The defense lawyers are delaying the cases, and judges are granting continuances too freely," Lotstein said. "That's what Thomas has been complaining about. He has not brought an inordinate number of death-penalty cases to cause a crisis. That's a red herring."

The Times repeated what had already been reported by The Republic's Jahna Berry: that Thomas has nearly doubled the number of instances in which his office seeks the death penalty. But Lotstein said that isn't the case. He told me Monday that there was a drop in death-penalty cases in the year before Thomas took office that may have had something to do with monetary considerations under former County Attorney Rick Romley.

Romley, who was wounded in combat in Vietnam, doesn't appreciate the implication.

"There was never a directive from me not to seek the death penalty because of the cost, ever, in 16 years," he told me, adding, "The way that he (Thomas) has approached this difficult problem: taking on the judges, taking on the defense Bar, implying that they don't work hard enough. I think that will create even more problems."

Some lawyers would like to see an independent panel decide on a statewide basis which murder cases warrant the death penalty. They say that's the only way to have an equal application of the law throughout Arizona.

Both Thomas and Romley are against it.

"I don't support a state panel," Romley said. "I think that most county attorneys take that responsibility very seriously. You don't create a whole new system because you have an aberration due to one county attorney."

Politically, Thomas wins. An ambitious prosecutor never suffers from suggesting that we speed up the time it takes to kill a murderer.

But, in the end, a clogged system and a free-for-all between a tough-talking politician and everyone else wind up being tough on only one group of people: victims.




Copyright . Wendy Carr. All rights reserved.
Web Hosting Companies