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Appeals court: Ex-prosecutor Thomas can be sued

Former County Attorney Andrew Thomas testifies during the State Bar of Arizona's ongoing disciplinary hearings against him, and two of his assistants Lisa Aubuchon and Rachel Alexander at the Arizona Supreme Court in Phoenix Oct. 26, 2011. (AP Photo/The Arizona Republic, Jack Kurtz)

Former County Attorney Andrew Thomas testifies during the State Bar of Arizona’s ongoing disciplinary hearings against him, and two of his assistants Lisa Aubuchon and Rachel Alexander at the Arizona Supreme Court in Phoenix Oct. 26, 2011. (AP Photo/The Arizona Republic, Jack Kurtz)

A federal appeals court panel says former Maricopa County Attorney Andy Thomas and a top aide can be personally sued by a county supervisor who says they abused their power to harm him and his family.

Friday’s ruling from the 9th U.S. Circuit Court of Appeals upholds a district judge’s ruling that Thomas and Lisa Aubuchon can’t claim immunity because they were acting as prosecutors.

The ruling says a federal racketeering lawsuit Thomas and Aubuchon filed against Supervisor Don Stapley and others in 2009 was outside their prosecutorial duties. Stapley, another supervisor, executives and judges sued after the racketeering lawsuit was dropped.

All but Stapley have settled their cases. Trial is set for January.

The county, sheriff’s office and Sheriff Joe Arpaio are also defendants.

4 comments

  1. Thomas and Aubuchon belong in prison for decades for all the innocent lives of individuals and families they have destroyed. One non-violent, first offender was convicted and sentenced under these disgraced and disbarred prosecutors to 75 years — a defacto life sentence. How many others are there?

    MCAO Montgomery, with the same chief deputy, Mark Faull, as Thomas are following the same path. Where’s the independent investigation of the over 200,000 FELONY CASES under their reign of terror in one term in office? Have they been swept under the rug? Why?

    The judges, officials, lawyers have sued and received their settlements, while nothing has been done with the “ordinary” people?

    This is not going away and will only get bigger with time. The taxpayers will be footing the bill for their damage for decades.

  2. homas and Aubuchon belong in prison for decades for all the innocent lives of individuals and families they have destroyed. One non-violent, first offender was convicted and sentenced under these disgraced and disbarred prosecutors to 75 years — a defacto life sentence. How many others are there?

    MCAO Montgomery, with the same chief deputy, Mark Faull, as Thomas are following the same path. Where’s the independent investigation of the over 200,000 FELONY CASES under their (Thomas/Aubuchon) reign of terror in one term in office? Have they been swept under the rug? Why?

    The judges, officials, lawyers have sued and received their settlements, while nothing has been done with the “ordinary” people?

    This is not going away and will only get bigger with time. The taxpayers will be footing the bill for their damage for decades.

    Solution to entrenched abuse of power: Time for TERM LIMITS for COUNTY ATTORNEY and COUNTY SHERIFF!

  3. Lawmakers: Work for the people rather than the lobbyists and special interests who drive state policy.

    Solution to entrenched abuse of power:

    Time for TERM LIMITS for COUNTY ATTORNEY and COUNTY SHERIFF!

  4. http://blogs.phoenixnewtimes.com/valleyfever/2010/10/lisa_aubuchon_wanted_thousands.php

    Lisa Aubuchon Wanted “Hundreds” of Teens Interviewed During Dale Fushek Case, Probe Transcript Reveals
    By Ray Stern Fri., Oct. 15 2010 at 5:49 PM
    Categories: County Craziness

    Image: Lisa Aubuchon’s Web site, http://www.aubuchonlaw.com
    Lisa Aubuchon
    ​”Of the all the cockamamie things we’ve heard Lisa Aubuchondid while at the Maricopa County Attorney’s Office, this has to be the weirdest.

    And yet, it seems so — Lisa.

    Five years ago, the story goes, while building the case against the disgraced, defrocked priest, Dale Fushek, Aubuchon wanted to use grand jury subpoena powers to bring in “thousands” of teenagers as a way to collect more evidence.

    Mark Stribling, the investigations commander at the office who has 30 years’ experience as a Phoenix cop and special investigator, revealed Aubuchon’s strange suggestion in April during the office’s internal probe that led to the deputy county attorney’s firing last month.

    Aubuchon is under investigation by the State Bar and U.S. Justice Department for possible abuse of power: She was the would-be dragon-slayer for former County Attorney Andrew Thomas, taking on his politically charged cases — and getting scorched in failure.

    The transcripts from the internal investigation about Aubuchon provide a fascinating and comprehensive look at the behind-the-scenes dealings by key players in the county saga. More to come later on what’s in that treasure chest.”

    ————————

    Classically Liberal: Prosecutor tries to force teenage boy to register as sex offender for showing Playboy magazine to a friend.

    http://freestudents.blogspot.com/2007/01/prosecutor-tries-to-force-teenage-boy.html

    SATURDAY, JANUARY 13, 2007

    “Prosecutor tries to force teenage boy to register as sex offender for showing Playboy magazine to a friend.
    ABC News tells the horrifying story of the legal assault on the life of 16-year-old Matthew Bandy.

    He is described as a pretty typical 16-year-old who never got into trouble — well maybe not so typical after all. Maybe above average.

    Police burst into the Bandy home accusing the boy of possessing child pornography. If found guilty he could have been sentenced to prison for life! Each image in one’s possession could lead to 10 years in prison consecutively. In most Western countries owning 10 images are considered one offense but in the U.S. it is 10 separate crimes.

    Matthew’s mother, Jeannie, says when the police first attacked the house she thought “someone’s trying to break in our house. And then there were police officers with guns pointed at me, telling me to get downstairs.” This is exactly how innocent people, and not so innocent cops, get killed.”

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