Trial shifts:
The defense begins its case in the criminal contempt trial of ex-Sheriff Joe Arpaio. 9A
Two sworn employees from the Maricopa County Sheriff’s Office testified Wednesday that deputies continued targeting Latinos under former Sheriff Joe Arpaio’s leadership even after a federal judge ordered the practice to stop.
The testimony came on the third day of Arpaio’s criminal contempt trial in U.S. District Court in Phoenix, as prosecutors wrapped up their case and Arpaio’s attorneys began presenting their case. His lawyers kept up what has been a spirited offensive, maintaining the judge’s order was unclear and invalidated by pre-existing laws.
The court order at issue came during the course of a racial-profiling case against the Sheriff’s Office. U.S. District Court Judge G. Murray Snow issued a preliminary order against the agency in December 2011.
The order stated that deputies could not detain any individuals solely because they were suspected of being in the country without authorization and were not accused of a crime.
But deputies continued to detain these individuals, turning them over to U.S. Immigration and Customs Enforcement or the Border Patrol, until the order became permanent in May 2013.
Prosecutors from the U.S. Justice Department’s Public Integrity section said this amounted to at least 171 victims illegally detained.
They also say Arpaio was well aware of Snow’s order but continued the practice for political gain. U.S. District Judge Susan Bolton is presiding over the bench trial, which is scheduled to last eight days. Arpaio could be sentenced to as many as six months in jail, though legal experts say incarceration is unlikely.
Former Arpaio subordinate Lt. Brian Jakowinicz told the court on Wednesday he was initially hesitant to join the agency’s Human Smuggling Unit—the one tasked with rounding up those in the country illegally.
But he did join in March 2012, just after the order, after reassurance from his command staff.
“They mentioned the court stuff was behind us,” he said. “They didn’t want me to change, things were running smoothly, it was a good time to come in.”
Jakowinicz also recalled a direct conversation he had with Arpaio, when Arpaio asked him rhetorically what he would do if ICE refused to accept detainees.
“I didn’t even get a chance to answer,” Jakowinicz said. “He was pretty clear: ‘You take them to Border Patrol. I’m the sheriff, that’s what I want you to do.’ ”
A second employee, Sgt. Michael Trowbridge, told the court Arpaio was interested in the immigration efforts for publicity purposes.
Trowbridge said information in his shift summaries while with the unit often were used in press releases“almost to aT .”
He also recalled an incident when deputies had come across some unaccompanied minors that ICE wouldn’t accept. Trowbridge testified that typically, they would have driven the minors to Border Patrol, but Arpaio wanted them to hold off.
“He wanted to wait until the media got there, with the kids still in the building,” Trowbridge said.
Defense attorneys drew from Tuesday’s arguments in their cross-examination of Jakowinicz, implying that it was former Arpaio attorney Tim Casey’s fault that the order wasn’t distributed to the rank and file.
They cited an email from October 2012 in which Jakowinicz was asked to create a “Readers Digest” version of the judge’s order to be distributed office wide.
Jakowinicz said he was confused by the email, as he didn’t understand what the order was about. Jakowinicz said he followed up with his superior, Joe Souza, just after he was sent the letter and was told to drop it.
“I was told by Joe Souza at some point that they had referred some questioning and training of Tim Casey, and that he had never got back to him,” Jakowinicz said.
Defense attorney Dennis Wilenchik grilled both witnesses on their interpretation of the order, and both said they didn’t fully understand it at the time.
Wilenchik reiterated that the order said nothing about whether deputies could interact with the Border Patrol, specifically.
“Basically, your understanding was, we can’t just stop people because they’re illegal?” Wilenchik said to Jakowinicz.
Jakowinicz responded, “Yes.”
In an interview on Tuesday, Wilenchik said the order still allowed deputies to make “lawful investigatory stops.”
“The question is, can you then detain them for the purpose of contacting Border Patrol during the investigatory stop?” he said. “And the answer is yes, they’re in your custody. You can’t over-detain them for the fun of it, but you can contact Border Patrol.”
Defense attorneys say existing law does not allow a federal judge to prevent local law enforcement from cooperating with federal immigration officials.
Defense attorneys will continue to call witnesses this morning.