Judge allows a weeks-long delay in Joe Arpaio's criminal trial
Alhough the criminal trial for former Maricopa County Sheriff Joe Arpaio goes on, his attorneys have persuaded a federal judge to step on the brakes.
After a set of arguments Wednesday morning, U.S. District Judge Susan Bolton denied Arpaio's request for a stay in the proceedings but granted a continuance for Arpaio's new legal team. His new co-counsel, who replaced a previous attorney in a sudden shake-up last week, had sought more time to prepare.
Despite opposition from Justice Department prosecutors, Bolton said the continuance was only fair to ensure Arpaio received a fair trial.
The defense and prosecution were set to discuss timing later Wednesday. The trial, which had been scheduled to begin April 25, now could start as late as June 26.
Arpaio faces one count of criminal contempt for failing to abide by a federal judge’s orders to halt immigration-enforcement operations that the court concluded had engaged in racial profiling.
Bolton on Wednesday granted the motion for a continuance based on last week's withdrawal from the case of Mel McDonald, Arpaio's longtime defense attorney for criminal matters.
At the time of his withdrawal filing McDonald only would say that bowing out was necessary because of ethical concerns. His arguments last week to drop the case were sealed, and Bolton at the time offered little clarity to the public on her reasons to grant the dismissal.
Bolton shed more light on the separation on Wednesday when explaining why she was allowing the continuance.
Bolton confirmed that McDonald had asked to be removed from the case because of a motion filed by attorney Mark Goldman. Goldman had alleged that McDonald offered ineffective counsel when he advised that Arpaio agree to a civil contempt finding. Arpaio, the motion states, was under the false assumption that this would spare him from a criminal trial.
The motion was what required McDonald to leave the case, Bolton said, adding that Arpaio's case shouldn't suffer because of the actions of his attorney.
"While I’m not happy about it, I don't think it’s fair for the defendant to place him in a position now where all of his lawyers have only been in the case for a few weeks before the trial date," she said.
This week's motion for a continuance was the latest in a string of defense attorney bids to delay the trial. Although it was the first of the defense motions to be successful, the trial already has been delayed once — at prosecutors' request — to avoid coinciding with the NCAA Final Four men's basketball tournament in Phoenix.
Defense attorneys had argued that proceedings should be shelved altogether until an appeal on the civil contempt portion of the case has been decided.
Wednesday’s hearing was scheduled to hear arguments solely on the appeal issue.
But Arpaio’s attorneys squeezed in other arguments as well, filing a flurry of motions this week in a bid to delay or dismiss the case altogether. Arpaio also resurrected an earlier plea — to have his case heard by a jury rather than in a bench trial.
Bolton on Tuesday had denied both the bids for a jury trial and a case dismissal in a one-page ruling. First, she said, the motion was filed after the deadline for pre-trial motions, and the court already had considered the motions at an earlier date.
Arpaio’s attorneys — who as of this week include Dennis and John Wilenchik — quickly filed a motion for Bolton to reconsider.
Arpaio has been found in civil contempt for flouting the judge’s orders stemming from the racial-profiling case. The criminal trial hinges on whether prosecutors can prove the actions were willful.
If convicted, the 84-year-old former lawman possibly could face up to six months in jail.
Lydia Guzman, an immigration-rights advocate and longtime critic of Arpaio, said she was disappointed by the delay.
"Well, here we are again," she said. "We're just dragging our feet, and this is just another attempt to prolong justice."
Jack Wilenchik, one of Arpaio's new attorneys, denied that the delay was a stall tactic. Critics have suggested that the motions are an attempt by the lawman to bide his time while hoping for some relief by the Trump administration. Arpaio was an early and vocal supporter of President Donald Trump.
"The reason for the continuance today, as the judge stated, is that the defense counsel ... needs additional time to prepare for this trial," he said. "We're just jumping onto this case. We're doing the best job we can do and want to continue to do the best job we can do."
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