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MCSO officer who took lawyer's paperwork might go to jail

Courtroom video recorded the October incident during the sentencing of an inmate.

INSIDE: Watch raw video from the courtroom

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Rallyguy - 11/19/2009 2:50 PM
peaceforSkye: You're wrong because it's two different scenarios. You were writing to your friend. The paperwork in the courtroom was part of the attorney's privileged file. Next time you write to a prisoner just send it via his attorney but don't implicate yourself or your friend. In most jurisdictions an attorney cannot conceal the commission of a crime or the planning of one.

FrankenLeo - 11/19/2009 2:18 PM
Thanks craigslist. maybe I am stupid... Appreciate today's lesson... ;-)

craigslist - 11/19/2009 2:11 PM
FrankenLeo, apologies accepted. LEO in all capital letters is short for Law Enforcement Officer(s).

FrankenLeo - 11/19/2009 12:52 PM
craigslist: Appologies, When I saw you call Leo stupid as I happen to be Leo. Again, I am sorry for jumping. After reading other postings, I am assuming LEO is something other than my name.

FrankenLeo - 11/19/2009 12:45 PM
craigslist: Do you actually know how stupid you appear!!! Keep talking and you will just prove my point.

FrankenLeo - 11/19/2009 12:42 PM
A judge can not order you to apologize, but, a judge can throw your butt in Jail if you don't.

bittemann - 11/19/2009 12:39 PM
Actually, Pounder, it is illegal - both federally (USC 1511.2) and in the Arizona criminal code for anyone other than the judge, bailiff, the defense, or the defense's appointed representative (or a witness, if handed the evidence by one of the previous) to touch paperwork brought into the courtroom by the defense, unless defense enters it into evidence, at which time, as section 4 notes, the judge can allow any specific individual to possess it at his or her pleasure. I think perhaps you are the person who needs a remedial course on evidence in criminal courts, because you got an F on this one. Also: under 1828.3 subsection 5, a judge certainly can order a press conference as part of "reparations, elocution or apology" of any witness or defendant, or other "material personnel," which, as defined in subsection 6 does indeed include law enforcement personnel related to the case. So - again - you and others in this thread seem to be making a lot of grand pronouncements that are in direct contradiction of the law itself. I hope you are not an attorney, because if so, you could be disbarred or at the very least censured for such inaccuracies. And, if the deputies were ordered to break the law, then not only they but whoever ordered them to commit these felonies (because, yes, this sort of violation of due process is considered a felony by the state criminal code) is ultimately responsible. Good day, sirs.

Pounder - 11/19/2009 8:27 AM
Any which way you feel about this issue... a judge can not order you to a public appology. Like any manager or director... we don't want people repremanding our staff. Joe is protecting what is his to protect. He feels it is his job to discipline his staff. I am not for or against Joe, but you people must have too many tickets or a broken tail light the way you blame everything wrong with AZ on Joe. Dave you are dead on - Paperworks can be considered contraband. You all need a class on law. Opinions don't make the ruling. Facts. If he is found wrong than it is wrong. If the paperwork was exposed and not covered and he read words to be contraband than it is a clean look at the paperwork. If not than he is wrong.

bluaviator - 11/19/2009 8:12 AM
And now that this story in national, along with our legislators dealing with the state budget, 20% of children in this state living below the poverty level, (even some white ones), Corporations will be on a dead run to help our economy! Good Job Joe you are helping to keep everyone out, except for your boys!!

Rascal55 - 11/19/2009 7:42 AM
I went back a reread the article, I was looking for the name of the judge. I guess that's priveledged information. What really bothers me is that the judge is not making a decision, he/she is leaving the punishment in the hands of the attorney. I can see the judge asking for a sincere apology, but the judge should be the one making the decision about it being sincere enough. Who knows what this attorney is up to? I just hope for the deputy's sake the attorney isn't suffering from PMS when he gives her his apology! (I'm female, so I'm allowed to make that comment ;-0 )


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