maricopa county

Maricopa County Attorney Bans iPhones for Prosecutors

Maricopa County Attorney Bill MontgomeryWith Apple fighting the FBI about unlocking the San Bernardino’s shooters iPhone and creating a backdoor for the government to unlock all iPhones, Maricopa County Attorney Bill Montgomery said today that his office will no longer provide iPhones to prosecutors and other employees.

“Apple’s refusal to cooperate with a legitimate law enforcement investigation to unlock a phone used by terrorists puts Apple on the side of terrorists instead of on the side of public safety,” Montgomery said. “Positioning their refusal to cooperate as having anything to do with privacy interests is a corporate PR stunt and ignores the Fourth Amendment protections afforded by our Constitution.”

Citing privacy concerns, Apple is standing up to the U.S government and the National Security Agency by not allowing them backdoor access to all iPhones.

With citizens around the nation using their iPhones for private conversations, photos, music, notes, calendars, contacts, finances and health, government access to iPhones could be viewed as an invasion of privacy.

Debra Milke’s Murder Case Dismissed After 25 Years

The case against Debra Milke, who spent more than 20 years on death row for the murder of her four-year-old son, has been dismissed by a Maricopa County Superior Court judge.

Milke was convicted of murder in 1990 for accompanying two men into the desert and shooting her son in the head. These charges were overturned by a federal court in 2013 due to an issue with the detective at the time, Armando Saldate, who reportedly had several incidents of misconduct.

Saldate claimed that Milke confessed to murdering her son during an interview, but there were no witnesses at the time, and the proposed confession was never recorded. He declared in March 2014 that he would not testify in Milke’s retrial.

As a result, Milke’s defense filed to dismiss her case with prejudice so that she could not be tried again by prosecutors, and it was successfully dismissed during a brief hearing in Phoenix on Monday, March 23.

“I always believed this day would come I just didn’t think it would take 25 years, 3 months and 14 days to rectify such a blatant miscarriage of justice,” Milke said.

Milke has maintained her innocence and denied ever telling Saldate she was involved in the murder of her son.

The two men who were convicted in her son’s murder remain on death row and did not testify against her in the past.

Although prosecutors recently bid for a retrial, the Arizona Supreme Court’s rejected this request, and Milke’s attorneys said her case is over now besides a few small matters, like meeting with her probation officer and removing her monitoring bracelet.

Arizona DUI Lawyers Corso Law Group Remind Drivers to Celebrate Memorial Day Responsibly

Memorial Day marks the start of summer, and the Arizona DUI lawyers at Corso Law Group want to remind Arizona drivers to welcome the new season responsibly over the course of the long holiday weekend.

It’s not all wild parties and bar hopping that can lead to costly DUI defenses. Backyard barbecues and pool parties are also common Memorial Day festivities that can result in drunk driving for many, according to founding partner Christopher P. Corso.

“DUIs are very common during the summer months, and many times they happen very close to home, when you relax your standards and don’t think twice about driving to the store after having a couple of beers,” Corso said.

In fact, nearly 560 people in Arizona were arrested on suspicion of drunk driving over the three-day weekend last May, according to KPHO.

Corso and his fellow founding partner John M. Rhude know the dangers of DUIs from their own professional experience. Both attorneys previously prosecuted DUIs, DWIs and OUIs for the Maricopa County Attorney’s Office. Combined, Corso Law Group have handled more than 15,000 DUI cases as prosecutors and defense attorneys.

Since Memorial Day is typically associated with a long three-day weekend and the start of summer, many Arizonans travel to national parks, campsites and the lakes around Arizona to celebrate. With the crowded conditions already decreasing safety on the road, many drivers are commonly distracted and oftentimes are not fit to drive.

In 2013, a number of officers from the Maricopa County Sheriff’s Office, the Governor’s Office of Highway Safety, Arizona Game and Fish and the U.S. Forest Service targeted areas such as Saguaro Lake, Canyon Lake, Apache Lake, Bartlett Lake, Lake Pleasant, Verde River, Lower Salt River, all of the county parks and the Tonto National Forest to patrol for DUIs over the Memorial Day weekend.

“Memorial Day is one of the deadliest holidays to drive each year,” Rhude said, citing a National Highway Traffic Safety Administration report. “Adding alcohol to that mix is a recipe for disaster.”

Arizona law requires that any person found guilty of drinking and driving (even a first offense) serve jail time. And DUI convictions can also include extensive fines up to $2,500, suspension of driving privileges and the installation of an ignition interlock device – even for first offenders.

The Arizona DUI defense attorneys at Corso Law Group do everything in their power to protect defendant’s families and advocate for their rights. They have the experience and expertise to deal with DUI charges in Arizona and will fight to get the charges dismissed and preserve their family.

Every DUI defense case in Arizona is different, however, and the outcome is dependent upon the specific facts and circumstances surrounding the DUI charges, which makes having an experienced Arizona DUI defense attorney even more important.

Corso Law Group has quickly built a reputation for its vigorous defense of clients, using its lawyers’ previous experience with the Maricopa County Attorney’s Office and other prosecutorial agencies to assist its clients with their criminal defense cases.

In addition to Arizona DUI issues, Corso Law Group handles a myriad of criminal cases, including civil speeding, criminal speeding in Arizona, domestic violence defense, possession of drugs, felony drug charges, photo radar, disorderly conduct and marijuana possession.

The experienced Arizona traffic lawyers at Corso Law Group serve clients throughout Arizona, including the cities of Ahwatukee, Avondale, Buckeye, Chandler, El Mirage, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Sun City, Surprise, Tempe, Tolleson and Youngtown.

To schedule a free consultation, please visit www.corsolawgroup.com or call (480) 471-4616. Corso Law Group, PLLC is located at 17470 N. Pacesetter Way Scottsdale, AZ 85255.

Key Witness Will Not Testify in Milke Trial

Former Phoenix police detective Armando Saldate will not testify again during the retrial of Debra Milke, scheduled for February 2015, according to the Huffington Post.

Saldate was the lynchpin in the original trial against Milke, testifying that Milke had confessed to killing her four-year-old son with two other men in the desert in 1989.

This confession has held extreme importance in this case because it is the only connection between Milke and the murder. The confession violated Milke’s rights as she did not waive her rights to have an attorney present at the time of the interrogation, and the proposed confession was never recorded, courts determined. Debra Milke

The entire case has been a game of his word against hers and, in the process, Milke has spent over two decades of her life in prison while Saldate, who has been accused by the court of misconduct in various occurrences, was granted his right to the fifth amendment which gives him protection against self incrimination.

“The court finds that Saldate has demonstrated a reasonable apprehension of danger that, if compelled to answer, he would face criminal charges,” Maricopa County Superior Court Judge Rosa Mroz wrote. Mroz also states she did “not fully agree” with every allegation the appeals court made against Saldate.

Milke has maintained her innocence and denied she ever told Saldate she was involved in the murder of her son.

This case is now facing many new challenges as the Saldate interrogation was the key piece of evidence in helping to prove Milke’s innocence. She was released over a year ago due to unreliable evidence, and her defense is now arguing that the case be dismissed because that purported confession is the only evidence connecting Milke to the murder.

The two men who were convicted in her son’s murder remain on death row and did not testify against her in the past.

The defense argued in a motion that Milke’s trial should be dismissed with prejudice, so that prosecutors can’t try her again, KTAR reports from the Associated Press.

Milke is still released on bond and awaits trial in February 2015.

Marissa DeVault’s Trial Course a Turbulent One

A Gilbert woman faces charges of first-degree murder and possibility of the death penalty for the death of her husband in 2009. The trial has taken many turns amid conflicting statements from the defendant and witnesses.

On January 14, 2009, Marissa DeVault’s husband, Dale Harrell, was found in the master bedroom of their home, his face and head severely beaten with a claw hammer. DeVault did not deny bludgeoning her husband’s skull, but claimed she acted in self defense.

Marissa DeVault, 36, of Gilbert claimed that she “snapped,” according to AZ Central.

Marissa DeVault

Harrell died three weeks after the beating, and DeVault now stands trial for first-degree murder, with allegations of a decade of physical abuse and rape by her husband as her explanation.

DeVault was indicted on March 4, 2009, according to Maricopa County Court records. It was determined she was mentally competent to stand trial on Sept. 14, 2010.

Prosecutors later claimed in court that DeVault killed Harrell in an attempt to collect from his insurance.

The course of the trial has been turbulent since the beginning, with a false confession from roommate, Stanley Cook, who suffers from brain damage-induced memory loss, to an ex-boyfriend who claims DeVault told him to “take care” of the abusive husband who she initially told him had died of stomach cancer.

A string of ex-lovers have made statements to police, one of whom said he gave DeVault $360,000 over the course of two years. The lover, Allen Flores, stated the two met on a website designed to connect endowed men, or “sugar daddies,” to “women in financial need,” according to azcentral.com.

The conflicting statements by all parties have complicated DeVault’s accusations of abuse of her and her daughters.

On March 5, 2014, a controversy arose regarding the court usage of the interview of one of DeVault’s daughters, who recently turned 18. Judge Roland Steinle has barred the use of the interview in the trial unless the daughter testifies.

The court must determine whether the allegations of abuse are credible. According to court records, DeVault will appear in court for her 19th day of trial on March 10.

Racial Profiling by MCSO Leads to Stricter Controls

Racial profiling and wrongful arrests are issues facing Arizona due to procedures surrounding immigration laws, but U.S. District Court Judge Murray Snow is imposing stricter rulings in order to clean up Sheriff Joe Arpaio’s controversial conduct and keep law enforcement accountable, according to a report from the Arizona Republic.

Cases involving racial profiling sparked the need for Snow’s stricter impositions. Examples from the Arizona Republic include Manuel de Jesus Ortega Malendres, who was legally visiting Cave Creek when he claimed to have been unlawfully detained for nine hours outside of a church in an area where people are known to seek day labor.

After the Melendres case, two Hispanic siblings from Chicago complained of racial profiling from deputies, and the Hispanic husband to an assistant of former Phoenix Mayor Phil Gordon claimed that nearby white motorists were ignored while he was cited for traffic violations and detained unlawfully.

Four months ago, Snow ruled that Arpaio’s immigration enforcement tactics were a violation of the constitutional rights of thousands of Latinos. On Wednesday, Snow issued a follow-up ruling with the proper operations that should be a part of the daily routine at the Maricopa County Sheriff’s Office.

The plaintiffs in these cases did not focus on monetary damages in court, but rather wanted to enforce elements that the sheriff and deputies have long resisted, including, “a declaration that spells out what deputies may or may not do when stopping potential suspects, and a court-appointed monitor to make sure the agency lives by those rules,” the Arizona Republic reported.

Snow, recognizing the demand for the requests made by the American Civil Liberties Union of Arizona lead by the group’s legal director Dan Pochoda, aims to include cameras in every deputy’s car, increase data collection and reporting, implement a community-advisory board and a court-appointed monitor. These rulings demonstrate steps toward preventing future discrimination, however, compliance from Arpaio and the deputies is needed to do so successfully.

MCSO plans to appeal the ruling but continue to try to comply with the court order while the appeal is pending, according to Arpaio’s attorney. If the agency refuses to comply, a court-ordered oversight will be issued or MCSO officials could be found in contempt of federal court. Read more here on an example of failure to comply in which a lawsuit and oversight brought to Sheriff Arpaio in 1977 took 30 years to be lifted.

Besides compliance from officials, budget is another leading constraint facing these rulings. Snow plans to use all possible funding from MCSO to pay for necessary resources before cutting into the funding of other agencies.

“I am not going to be involved in relieving you from the requirements of that order because you can’t afford it,” Snow said in the article regarding the cost of these rulings. “Be sure you understand that.”

Arpaio’s office has practiced his controversial style of immigration enforcement for many years, so it is uncertain exactly how he and his deputies will work with the new rulings.

“He came to this reform, if you want to call it that, as a very unwilling party. It’s a very big problem,” University of Pittsburgh professor and national expert on racial profiling David Harris said in the Arizona Republic article. “Will he drag his heels? Will he be a willing participant? Has he seen the light? Those questions, I think, remain to be answered. He has made mistakes that have put him where he is now. The question is whether he wants to correct them.”

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