Gary Grado//October 26, 2011//[read_meter]
Gary Grado//October 26, 2011//[read_meter]
Former Maricopa County Attorney Andrew Thomas called politicians and judges he once prosecuted cowards and “corrupt” during testimony today in discipline hearings against him.
Thomas’ testimony was the first time he’s spoken publicly about the 33 alleged ethical violations that could lead to his disbarment, and towards the beginning of five hours of questioning he said he believed hiding money was the motive behind omissions and misstatements in County Supervisor Don Stapley’s financial records.
“I believed Don Stapley was corrupt,” Thomas said.
Thomas got a 118-count indictment in November 2008 against Stapley for not filing financial disclosures that elected officials are required to submit.
That case is one in a series of prosecutions and lawsuits in which an investigator for the State Bar of Arizona said the former county attorney abused his authority by retaliating against political enemies.
The investigator is also seeking the disbarment of Lisa Aubuchon and the suspension of Rachel Alexander. Both worked under Thomas and represented his office in the criminal cases and lawsuits in question.
Under questioning by Independent Bar Counsel Jamie Sudler, Thomas denied having personal animosity toward Stapley. He said contentious disputes he had with the supervisor didn’t cloud his judgment in seeking charges against him.
Sudler pointed out that Thomas’ feuds with Stapley dated to 2006 when he sued the Board of Supervisors, which was under Stapley’s chairmanship, in a dispute over choosing attorneys to represent the board.
Sudler also questioned Thomas about a warning his predecessor, Rick Romley, gave him in the weeks before Thomas assumed office in 2005.
Thomas said Romley told him that Stapley “had a developer’s mentality and you had to look out for him.”
Thomas said he interpreted that to mean that Stapley “played fast and loose with the rules.”
Sudler also pressed Thomas on allegations he made that retired Superior Court Judge Kenneth Fields, who presided over the Stapley case and on Aug. 24, 2009, was biased against Thomas. When Fields dismissed all of the misdemeanors in the indictment, Thomas, who had transferred the case to Yavapai County Attorney Sheila Polk, immediately issued a press questioning the judge’s impartiality.
Sudler questioned Thomas on how he could conclude the judge was biased when Fields had ruled against Stapley when his attorneys tried to disqualify Thomas on the basis of conflict of interest.
“The law was so obvious he didn’t have the guts to ignore it,” Thomas said.
Thomas was asked about his prosecution of retired Superior Court Judge Gary Donahoe, who was charged with bribery, obstruction of justice and hindering prosecution. Thomas eventually dismissed the case.
He admitted that he couldn’t explain at a Dec. 9, 2009, press conference how Donahoe committed bribery, but he was able to explain it on the stand.
Thomas said Donahoe was an accessory to a bribe that involved Stapley, private attorney Tom Irvine and retired Superior Court Judge Barbara Mundell.
Thomas said his office received a tip from county lobbyist Jack LaSota that Stapley pressured Mundell into hiring Irvine to work as a planner for a planned court tower.
LaSota testified earlier that what he heard was simply a rumor. Former Chief Deputy David Hendershott also testified that Mundell told him she was pressured, but Mundell testified she never spoke with Hendershott about it.
Thomas said that Donahoe, through his rulings, repeatedly knocked down attempts to investigate the financing of the court tower “like a hockey goalie knocking down pucks.” Thomas said he believes that meant the judge was protecting Stapley from investigation.
Thomas acknowledged there was no description in the probable cause statement for Donahoe’s charges like the one he gave on the stand.
Thomas’ attorney questioned him for about an hour and will continue with questioning Thursday.
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