MARICOPA COUNTY, AZ — Just months after paying a $6 million settlement to protesters falsely charged as gang members, the Maricopa County Attorney’s Office is again being accused of engaging in “politically-motivated prosecutions” against demonstrators, according to a newly filed court motion.
The unique motion, which doubles as a motion to dismiss and a request for an evidentiary hearing under Arizona’s Anti-SLAPP law, was filed by attorneys for a pro-Palestine protester arrested on the Arizona State University campus last year.
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One of the attorneys, Steve Benedetto, said the case feels similar to a past scandal involving MCAO prosecutors, who worked with police to invent a gang and falsely charge protesters as members.
“I will say, based on the body cams, based on my knowledge of what happened in 2020, it certainly is starting to look that way,” Benedetto said in an interview with ABC15. “We got the involvement of the top levels of the Maricopa County Attorney’s Office guiding and interacting with the ASU Police Department before any arrests have even happened, which shadows what we saw in 2020, and ultimately led to a very large settlement against the county.”
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The Maricopa County Attorney’s Office and the ASU Police Department did not respond to requests for comment.
The motion was filed in the misdemeanor case against Mikey Koert, who is one of 68 people charged with trespassing after a protest on April 26, 2024.
None of the 68 cases have been resolved yet.
Defense attorneys said that’s because MCAO is refusing to offer any plea deals to the class 3 misdemeanors, which are the lowest level in Arizona’s judicial system, just above a civil traffic ticket.
The cases are being heard in the University Lakes Justice Court by an elected justice of the peace.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.