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1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF ARIZONA
3
4 Austin Flake and Logan Flake, ) No. 15-CV-01132-PHX-NVW
)
5 )
Plaintiffs, )
6 )
v. )
7 )
Joseph Michael Arpaio, et al.,)
8 )
)
9 Defendants. )
______________________________)
10
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13 VIDEOTAPED DEPOSITION OF SHERIFF JOSEPH M. ARPAIO
14 Phoenix, Arizona
July 14, 2016
15 10:12 a.m.
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21 REPORTED BY:
DONNA DELAVINA, RPR DONNA DELAVINA REPORTING, LLC
22 Certified Reporter Arizona RRF No. R1010
Certificate No. 50468 365 East Coronado Road
23 Suite 210
PREPARED FOR: Phoenix, Arizona 85004
24 P (602) 230-5454
F (602) 230-8444
25 (COPY) donnadelavina@live.com
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1 INDEX TO EXAMINATIONS
2 WITNESS PAGE
3 SHERIFF JOSEPH M. ARPAIO
4 Examination by Mr. Montoya 8
5
6
7
8
9 INDEX TO EXHIBITS
10 No. DESCRIPTION MARKED
11 1 Transcript of Arpaio Press Conference 118
(7 pages)
12
2 Defendants' Rule 26(a)(1)(A) Initial 150
13 Disclosures (4 pages)
14 3 Response to Plaintiffs' First Set of 151
Requests for Production of Documents
15 (3 pages)
16 4 First Supplemental Response to 151
Plaintiffs' First Set of Requests for
17 Production of Documents (4 pages)
18 5 Second Supplemental Response to 153
Plaintiffs' First Set of Requests
19 for Production of Documents
(2 pages)
20
6 Answer (17 pages) 158
21
7 Answer of Defendants Arpaio and 158
22 Maricopa County to Second Amended
Complaint (14 pages)
23
24 8 Maricopa County Sheriff's Office 161
News Release dated 7/9/2014
25 (2 pages) (MCSO_001079-1080)
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1 In accordance with Arizona Code of Judicial Administration
Section 7-206(J)(3)(b), Donna DeLaVina Reporting, LLC, through
2 this Certified Reporter, disclosed its rates for services
prior to the commencement of this deposition.
3
Pursuant to Rule 39(f)(2) of the Arizona Rules of Civil
4 Procedure, which states, "Upon payment of reasonable
charges therefor, the officer shall furnish a copy of the
5 deposition to any party or to the deponent," the "Prepared
for" attorney has received a copy of this proceeding.
6
I, the officer, will provide a certified copy to each
7 ordering party at the same copy rate, thus complying with
Section 7-206(J)(3)(a) of the Arizona Code of Judicial
8 Administration (ACJA) Court Reporter Standard
Certification (Effective September 15, 2014).
9
Each purchased copy of this transcript will be signed and
10 certified by myself, thus complying with ACJA
Section 7-206(F)(3).
11
A.R.S. 32-4003(B) provides, "A certified reporter shall
12 sign and certify each transcript that the certified
reporter prepares before the transcript may be used in
13 court, except for transcripts that the reporter prepares
for proceedings that occurred before July 1, 2000." Thus,
14 only an originally signed copy of my work product can be
used in any proceeding before the Court.
15
Any copies of this transcript (paper or electronic) made
16 for any other party who has not paid Donna DeLaVina
Reporting, (thus the reporter) for such copy of this
17 transcript, or received written permission for same, will
be considered theft of services, a violation of property
18 rights, and be considered restraint of trade with
appropriate penalties sought.
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25
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1 9 Maricopa County Sheriff's Office 170
News Release dated 12/22/2014
2 (2 pages) (MCSO_001077-1078)
3 10 Maricopa County Sheriff's Office 170
News Release dated 6/23/2014
4 (2 pages) (MCSO_001075-1076)
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1 THE VIDEOTAPED DEPOSITION OF SHERIFF JOSEPH M.
2 ARPAIO was taken on July 14, 2016, commencing at
3 10:12 a.m., at the Law Offices of MONTOYA, JIMENEZ,
4 LUCERO & PASTOR, P.A., 3200 North Central Avenue, Suite
5 2550, Phoenix, Arizona, before DONNA DELAVINA,
6 Certified Court Reporter No. 50468 for the State of
7 Arizona.
8 * * * * * *
9
10 APPEARANCES:
11
FOR PLAINTIFFS:
12
MONTOYA, JIMINEZ, LUCERO & PASTOR, P.A.
13 3200 North Central Avenue
Suite 2550
14 Phoenix, Arizona 85012
BY:STEPHEN MONTOYA
15 RICHARD TRUJILLO
16
17 FOR DEFENDANTS:
18 SACKS TIERNEY, P.A.
4250 North Drinkwater Boulevard
19 Fourth Floor
Scottsdale, Arizona 85251
20 BY:JEFFREY S. LEONARD
EVAN F. HILLER
21
22 ALSO PRESENT:
23 Jonathan Williams, Videographer
K-Video Productions
24 3241 East Shea Boulevard
Phoenix, Arizona 85028
25 (602) 787-0272
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Phoenix, Arizona
July 14, 2016
2 10:12 a.m.
3
4 THE VIDEOGRAPHER:Good morning.My name
5 is Jonathan Williams, certified legal video specialist
6 with K-Video Productions.
7 Our court reporter is Donna DeLaVina,
8 representing Donna DeLaVina Reporting.
9 We are at 3200 North Central Avenue,
10 Phoenix, Arizona, to take the deposition of Sheriff
11 Joseph Arpaio on behalf of the plaintiff in the United
12 States District Court, District of Arizona, case of
13 Flake versus Arpaio, et al., Case Number CV
14 15-CV-01132-PHX-NVW.
15 The date is July 14th, 2016 and the time
16 is 10:12 a.m.
17 The attorneys will now introduce
18 themselves.Plaintiffs first, please.
19 MR. MONTOYA:Stephen Montoya, with
20 Richard Trujillo, on behalf of the plaintiffs.
21 That would be you, Jeff.
22 MR. LEONARD:Jeff Leonard and Evan Hiller
23 on the behalf of the defendants.
24 THE VIDEOGRAPHER:Thank you.
25 Please swear in the witness.
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A.Yes.
Q.And, Sheriff, when were you elected to that
3 position?
4 A.I took office January 1, 1993.
5 Q.What was your position immediately before you
6 were elected sheriff of Maricopa County, sir?
7 A.Immediately, I was in private business.
8 Q.How long were you were you in private business?
9 A.Ten years.
10 Q.You had a law enforcement career before that,
11 I've read; is that correct?
12 A.Yes.
13 Q.And tell us about your law enforcement career
14 before your career as our sheriff, here in Maricopa
15 County, sir?
16 A.I joined the Army when the Korean War broke
17 out, three years.And then became a Washington, D.C.
18 police officer.And then a Las Vegas, Nevada police
19 officer.And then 27 years with the U.S. Drug
20 Enforcement Administration, Department of Justice.
21 Q.In reference to your military service, Sheriff
22 Arpaio, did you fight in the Korean War?
23 A.No, I was in France.
24 Q.And you were honorably discharged, of course?
25 A.Yes.
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Q.I understand.
Have you ever arrested anyone in your
3 capacity as Sheriff of Maricopa County?
4 A.I believe one time.
5 Q.Tell me about it.
6 A.In summary?
7 Q.Please.
8 A.I was assaulted and I arrested the person who
9 assaulted me.
10 Q.When was that, approximately?
11 A.It could have been 15 years ago.
12 Q.Were you hurt?
13 A.I was whacked in the throat, but, no, I wasn't
14 hurt.
15 Q.When you say "whacked," Sheriff, were you
16 punched or?
17 A.Yes, punched.
18 Q.And did you pull your firearm or how did you
19 effectuate, Sheriff Arpaio, the arrest?
20 A.I had other people there to assist me.
21 Q.Have you ever directed anyone be arrested in
22 your capacity as the Sheriff of our county, Maricopa
23 County?
24 A.No, not that I can recall.
25 Q.I understand.
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A.Not necessarily.
Q.Sheriff, I learned in the practice of law that,
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Maricopa County?
A.Yes.
3 Q.Do you have any other bosses, other than the
4 people of Maricopa County who are registered to vote?
5 A.No.
6 Q.Can the Maricopa County Board of Supervisors
7 tell you how to do your job?
8 A.Not really.
9 Q.Have they ever tried to tell you how to do your
10 job?
11 A.Not that I can recall.
12 Q.I understand.
13 Now, you get a lot of publicity, don't
14 you?
15 A.Yes.
16 Q.Some of it's very good, right?
17 A.It depends on the reader.
18 Q.I was reading on the Internet parts of a book
19 written about you and I think it's called "America's
20 Toughest Sheriff."
21 Are you familiar with that book?
22 A.That was 1996, I believe.
23 Q.So you are familiar with it?
24 A.Yes.
25 Q.Do you keep a copy on your desk?Because I
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headquarters?
A.Well, many times my top staff would advise me.
3 Many times the County Attorney that are responsible for
4 the prosecution.
5 Q.Your "top staff," you mentioned, do you
6 remember mentioning sometimes your top staff advise you
7 regarding the changes of law?
8 A.Yes.
9 Q.Who constitutes your top command these days?
10 A.I have a chief deputy.
11 Q.And who is that?
12 A.That serves my pleasure, Jerry Sheridan.That
13 we have several deputy chiefs, captains, lieutenants,
14 sergeants, right down the line.
15 Q.How long have you worked with -- is it Deputy
16 Chief Sheridan?
17 A.Chief Deputy.
18 Q.Chief Deputy Sheridan.How long have you
19 worked with him?
20 A.I believe I appointed him about 10 years ago.
21 Q.Do you think he does a good job?
22 A.Yes.
23 Q.Is he a smart guy?
24 A.Yes.
25 Q.Is his knowledge of the law firm and secure?
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2 executive chief?
3 A.Taking the word of the chief deputy.
4 Q.I got it.
5 Now, are you a history buff?
6 A.No.
7 Q.But you do remember, because you served our
8 country, and thank you for that service, Sheriff, in
9 the Korean conflict.I know you weren't in Korea, but
10 you were still enlisted.You remember who our
11 president was back then, of course, that would have
12 been Harry Truman, right?
13 A.In 1950.
14 Q.Wasn't -- Truman was our president during the
15 Korean conflict, right?
16 A.Yes.Yes.
17 Q.And you've heard this, as I think almost
18 everyone has.
19 A.Okay.
20 Q.You might have the same plaque on your desk.
21 You made that gesture so you're a couple of laps ahead
22 of me.What did you mean when you made the gesture on
23 the table?
24 A.Well, maybe I was just taking an exercise.But
25 he was a good president.
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nitpicking and just you talk about the buck stops here.
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dealing too.
Q.I understand.
3 Now, have you ever heard of some people
4 describe some managers as being very hands on?I'm a
5 hands on manager.Have you ever heard that phrase?
6 A.Yes.
7 Q.What do you understand that phrase to mean,
8 Sheriff?
9 A.It all depends on who or what occupation or
10 profession you're talking about.
11 Q.Well, that's a really good point, so I'll get
12 more specific.
13 What does that mean to you in the context
14 of Maricopa County Sheriff's Office?
15 And let me even be more specific.Are you
16 a hands-on manager at the Maricopa County Sheriff's
17 Office or are you something other than a hands-on
18 manager at the Maricopa County Sheriff's Office?
19 MR. LEONARD:Object to form.
20 THE WITNESS:I'm the leader of the
21 organization put in office by the people.But I've
22 been a manager, federal -- I can go on and on -- for 50
23 years.And my philosophy, very simple, you delegate.
24 And I have that philosophy to delegate to my
25 subordinates and not get involved in nuts and bolts and
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talking about.
Q.BY MR. MONTOYA:Well, let me ask you as a
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style.
Q.BY MR. MONTOYA:I understand.
3 Now Brian Sands also writes in his book
4 that although you're not interested in the nuts and
5 bolts of law enforcement, according to him, you're very
6 much interested in interacting with the media.
7 What's your reaction to that?
8 MR. LEONARD:Object to form.
9 THE WITNESS:Most of the time the media
10 comes after me and my philosophy is to respond.I
11 don't hide from the media.So if you do -- if you are
12 enforcing the law, some of it may be controversial, the
13 media gets excited, and I respond.So being the
14 elected sheriff, it's my duty to let you or the
15 4,000,000 people know what's going on in the Sheriff's
16 Office.
17 Q.BY MR. MONTOYA:I understand that.
18 But, Sheriff, my question was a little bit
19 more specific than that.Brian Sands claims you're not
20 interested in the nuts and bolts of law enforcement on
21 one hand, but you're totally interested in interacting
22 with the media on the other hand.Is that true?
23 MR. LEONARD:Object to form.
24 THE WITNESS:I'm interested in the nuts
25 and bolts.I said -2
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A.That's right.
Q.So you're not calling Brian Sands a liar, are
3 you?
4 A.No.
5 Q.And sometimes people's memories differ, right?
6 A.I would imagine.
7 Q.And it could be that Brian Sands is accurate
8 when he claims that he repeatedly had to explain the
9 concept of probable cause to you, right, and you just
10 don't remember?
11 A.I don't remember him ever giving me
12 instructions on probable cause.
13 Q.That's true.But that doesn't mean that he's
14 lying and his claim that he had to repeatedly instruct
15 you regarding the content of probable cause, that
16 doesn't mean that he's lying, right?He could be
17 telling the truth, you just don't remember?
18 A.Well, he's writing a book, so I don't know if
19 this book is a legal document or what it is on his
20 allegations in his book.
21 So, once again, I don't remember whether
22 it's true or not true.It's a possibility that he
23 could have on occasion.
24 Q.Now, Sheriff, have other -- have other people
25 accused you of being very much interested in attracting
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2 Judge Snow.
3 A.It's a judge.Yeah, okay.
4 You should have said Judge Snow.
5 Q.Well, he's also an individual.
6 Are you familiar with Judge Murray Snow?
7 A.Yes.
8 Q.Over at the federal court?
9 A.Yes.
10 Q.What's your opinion of him?
11 MR. LEONARD:Object to form.
12 THE WITNESS:I respect all judges.
13 Q.BY MR. MONTOYA:So you respect Judge Snow?
14 A.I respect all judges.
15 Q.Including Judge Snow?
16 A.Yes.
17 Q.Now he's recently found you to be in contempt
18 of court, hasn't he?
19 A.Are we getting into a current federal
20 investigation case, is that what you're asking me?
21 Q.Well, I'm asking whether or not federal -- I'm
22 asking whether or not United States District Judge
23 Murray Snow has recently found you to be in contempt?
24 A.Yes.
25 Q.Is he right?
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Q.Is it true?
A.Once again, this case is not finished.I don't
3 believe it's true.What he's saying that I -- can you
4 repeat that again about the popularity?
5 Q.Yes, sir, I can.
6 A.Thank you.
7 Q.I would be happy to.
8 Quote, "Sheriff Arpaio knowingly ignored
9 the Court's order because he believed that his
10 popularity resulted, at least in part, from his
11 enforcement of immigration laws.He also believed that
12 it resulted in generous donations to his campaign."
13 Is that true?
14 A.As far as I'm concerned, I'm not trying to
15 disagree with the judge because that may come at a
16 later date.But right now, I don't agree with his or
17 the ACLU's decision on this.
18 Q.Is this the judge's decision or the ACLU's
19 decision?
20 A.The ACLU presented a case to the judge.
21 Q.But the judge decided the case, right?
22 A.He decided -- you're saying that that part -23 are you saying that was his decision, the judge made
24 that comment?
25 Q.Yes, Sheriff Arpaio.
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A.Okay.
Q.This is the order.
3 A.Uh-huh.
4 Q.You're familiar with it, right?
5 A.I remember the order, yes.
6 Q.Did you read it more than once?
7 A.I'm not -- I'm sure I read it once.
8 Q.You're sure you read it once?
9 A.But I can't remember everything that I read.
10 You're asking me these questions now.
11 Q.Sheriff Arpaio, is it your sworn testimony that
12 you read this order all the way through?
13 A.Yes, I said that.
14 MR. LEONARD:The question has already
15 been asked and answered several times.
16 MR. MONTOYA:Okay.
17 Q.BY MR. MONTOYA:Now, Sheriff, the part that I
18 was reading from, isn't written by the ACLU, sir, it's
19 written by the Court.Do you understand that?
20 A.I'm going to answer it again.This is the
21 judge's decision.It doesn't mean that I fully agree
22 with it.
23 Q.I understand.
24 And, Sheriff, I want to get something
25 straight with you.I don't think that your testimony
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correct?
Q.Yes.Yes, Sheriff.Certainly not criminal.
3 A.Well, I -4 Q.Yet.
5 A.What did you say?
6 Q.It's not criminal yet.
7 A.Yet?
8 Q.Yeah.And I'll tell you what I mean by that,
9 since you asked.As you know better than I -10 A.I'm asking you what you're talking about here.
11 Q.And that's your right, Sheriff.
12 A.You said "contempt," are you talking about
13 civil contempt?
14 Q.I'm talking about civil contempt, but -15 A.Okay.That's what I asked you.This is a
16 civil contempt that we're dealing with.
17 Q.But you also understand that the judge is
18 contemplating recommending criminal contempt charges
19 against you, correct?
20 A.I don't know what his decision is.I don't
21 read the judge's mind.
22 Q.I understand and I respect that answer, Sheriff
23 Arpaio.
24 But Judge Snow's civil contempt findings
25 against you are pretty hash, aren't they?
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mean by that.
A.Well, we. . .
3 Q.Go ahead.
4 A.Every large organization has a public
5 information office.I do too.
6 Q And what is that for?
7 A.To deal with the news media.
8 Q.Why do you have that?
9 A.Many reasons.Just about every day we're
10 receiving information from the media.Whether it's to
11 retrieve information of this office and also to
12 communicate with the media.
13 Q.Is that part of your job as Maricopa County
14 chief law enforcement officer?
15 A.It's my job of running an agency, a law
16 enforcement agency that everyone deals with the media.
17 Q.Who's your spokesperson for dealing with the
18 media, Sheriff?
19 A.We have maybe three, a detention officer, a
20 deputy sheriff and director of the -- that section of
21 my office.
22 Q.Who -- do you know what a press conference is?
23 A.Yes.
24 Q.And, Sheriff, I don't mean to patronize you.I
25 figured you knew what a press conference was.The
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2 too, right?
3 A.There are occasions when I will speak before
4 the press.
5 Q.How often do you give press conferences?
6 A.I don't know how many times.But we do -- I
7 get involved on several occasions.
8 Q.Okay.We're in July, right?
9 A.Yes.
10 Q.Have you given any press conferences this
11 month?
12 A.I gave one last night.
13 Q.Regarding what?
14 The serial killer?
15 A.Actually, is it a press conference?There's a
16 thin line, okay, what you call a press -- that's why
17 I'm hesitating what you call a press conference.But
18 this is something that happened and I decided to go
19 public and get it done all at one time.
20 Q.You decided?
21 A.Yes.
22 Q.No one decided for you, right?
23 A.No.The public information officer let me know
24 that the media was -- you know, they were interested
25 and I decided to talk at the -- to the press.
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A.Yes.
Q.But my question is a little bit different than
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A.I would think it would have to do with the -further as to what that -- why was that decision made?
3 Was there acting in good faith, good conscience.
4 Q.So if someone is acting in good faith, that
5 precludes them from making a false arrest; is that your
6 testimony?
7 A.Once again, that's a legal term that I'm not
8 going to answer.You're asking me legal terms and I'm
9 not a lawyer to go into words, what a word means and so
10 in every case it's different.That's why we have the
11 system that we have.
12 Q.But, Sheriff, you're a law enforcement officer,
13 right?
14 A.Yes.
15 Q.And as a law enforcement officer, in the field,
16 you actually are the individual who helps enforce the
17 law, right?
18 A.I'm the -- I'm going to say again, that I
19 delegate to my detectives.They are well-trained and
20 they know what probable cause is or suspicion or facts
21 of a case.And I'm not going to second-guess their
22 decisions.Unless it's so obvious that someone has
23 been framed or what have you.
24 Now, how cases turn out sometimes, it's
25 not the detectives' decision.Sometimes it has to do
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Q.I understand.
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A.Yes.
2 Q.And part of that authority is you have the
3 authority to arrest people and put them in jail until
4 they see a judge, right?
5 A.The authority goes down to the arresting
6 officer, that's certified by the State that gives them
7 that authority.
8 Q.But those -- well, your office has the
9 authority to arrest people and incarcerate them until
10 they see a judicial officer, correct?
11 A.Yes.
12 Q.And that's -- the foundation of America,
13 Sheriff, is freedom, right?
14 A.Yes.
15 Q.And incarcerating somebody takes away their
16 freedom, right?
17 A.Yes.
18 Q.And that's super important, right?
19 A.Yes.
20 Q.And you sure don't want your subordinates to
21 take away somebody's freedom if that person is
22 innocent, right?
23 A.Can you -- if that person is innocent, is that
24 what you said?
25 Q.I'll repeat the question, Sheriff.
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A.Yes.
Q.And some of those individuals whom they arrest
3 sometimes are adjudicated to be innocent, correct?
4 A.Yes.
5 Q.One of your officers wouldn't intentionally
6 arrest someone innocent, would they?
7 A.The innocent could come later on in the justice
8 system.
9 Q.Well, would one of your officers intentionally
10 arrest someone who's innocent?
11 MR. LEONARD:Object to form.
12 THE WITNESS:Once again, if they have a
13 probable cause and the person turns out to be declared
14 innocent by a jury or a judge, I would presume.But
15 they still acted in good faith and did their job.
16 Q.BY MR. MONTOYA:Now in your many decades in
17 law enforcement, you've read about individuals who were
18 arrested who, in fact, were factually innocent, haven't
19 you?
20 Maybe not arrested by your department, but
21 maybe some other police department?
22 MR. LEONARD:Object to form.
23 THE WITNESS:I don't -- I don't know -24 that's never come across my system.
25 Q.BY MR. MONTOYA:Well, okay, let me give you an
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A.In my office.
Q.For how long?
3 A.An hour, an hour and a half.
4 Q.And when you say your "lawyer," to whom are you
5 referring?
6 MR. LEONARD:That was me.
7 THE WITNESS:(Witness indicating.)
8 Q.BY MR. MONTOYA:Okay.Is that -- who's your
9 lawyer?
10 A.Actually, I've had so many of them, I'm a
11 little confused.
12 Q.Do you know this guy's name?
13 A.Yeah.
14 Q.What's his name?
15 Do you know his name?
16 A.Wait a minute, it's escaping me, his name.I
17 know I know his name, but right now I can't recall it.
18 MR. LEONARD:He knows.
19 Q.BY MR. MONTOYA:Okay.
20 A.This is my first time I met my very, very
21 professional excellent attorney.
22 Q.Okay.The first time you met him was the other
23 day?
24 A.I believe it was the other day.
25 Q.Okay.
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2 A.I think he -- we reviewed a couple.
3 MR. LEONARD:That's a yes-or-no question.
4 THE WITNESS:Yes.
5 Q.BY MR. MONTOYA:What documents did you review?
6 MR. LEONARD:Okay.That I'm going to
7 instruct him not to answer.That's -- that's an
8 invasion of my work product.I mean, you can get at it
9 a different way.But to ask what documents I prepared
10 for him to review is an invasion of my work product.
11 That's the Spork versus Peil case.
12 MR. MONTOYA:I don't agree.
13 But you're instructing him not to answer?
14 MR. LEONARD:Yes.
15 MR. MONTOYA:Okay.
16 Q.BY MR. MONTOYA:Sheriff Arpaio, do you know
17 how a civil lawsuit is commenced?
18 A.I guess someone files it.
19 Q.Someone files a complaint, right?
20 A.I would imagine.
21 Q.Have you ever read the complaint in this
22 lawsuit, the complaint of Austin Flake and Logan Flake,
23 against Maricopa County, Joseph Arpaio and his spouse,
24 that's a technical thing, we're not accusing your
25 spouse of doing anything wrong, as you know, sir, and
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a misdemeanor, right?
A.As far as sentencing goes, yes.
3 Q.Well, isn't it true, Sheriff Arpaio, that if
4 you're convicted of a felony in the state of Arizona,
5 you can't even vote anymore?
6 A.That's correct.
7 Q.And isn't it true that if you're convicted of a
8 felony in Arizona, you can't serve on a jury anymore?
9 A.Yes.
10 Q.I've read a little bit about your background
11 and it makes me think of ancient Rome and ancient
12 Greece.
13 Isn't it true that in the ancient world
14 the two hallmarks of citizenship were the right to vote
15 and the right to serve on a jury; is that true?
16 MR. LEONARD:Object to form and
17 foundation.
18 Q.BY MR. MONTOYA:Is that your understanding,
19 that two foundations of citizens are the right to vote
20 and right to be a juror?
21 MR. LEONARD:Form and foundation.
22 THE WITNESS:That's one of them, yes.
23 Q.BY MR. MONTOYA:So if you're felon, some of
24 your rights of citizenship are taken away, right?
25 A.Yes.
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MR. MONTOYA:Yes.
2 Why don't you mark this as Exhibit 1,
3 please.
4 (Whereupon, Deposition Exhibit Number 1 was
5 marked for identification.)
6 THE WITNESS:So what page are we on?
7 Q.BY MR. MONTOYA:Sheriff Arpaio, it starts on
8 page 2, sir.
9 MR. LEONARD:Steve, since this is the
10 first deposition taken in this case and the first
11 exhibit that's been marked.Can we establish a
12 protocol going forward that we mark all the exhibits
13 serially and not start over at each deposition?
14 MR. MONTOYA:Yes.
15 MR. LEONARD:Okay.
16 MR. MONTOYA:Thank you.
17 Q.BY MR. MONTOYA:Sheriff, let me direct your
18 attention to page 2, line 21, which reads -19 MR. LEONARD:Do you mean page two at the
20 top or internal page 2?
21 Q.BY MR. MONTOYA:Internal page 2.Do you
22 understand that, Sheriff?
23 A.Okay, I got the top.Okay, page 2?
24 Q.Page 2, sir -25 A.Right here.
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A.Yeah, basically.
Q.So -3 A.I may have talked to some of the victims, if
4 they showed up.I don't recall.
5 Q.You talked to some reporters too, right?
6 A.If they were there, yes.
7 Q.Were there reporters there, do you remember
8 that?
9 A.I don't remember.But there's a possibility
10 they were.
11 Q.They were, because I found it on YouTube?
12 A.Okay.
13 Q.And you were there when the search warrant was
14 enforced at the Hugheses' residence, were you not?
15 A.I don't recall.
16 Q.Okay.Whenever -- you guys have sign-in sheets
17 to record who goes to enforce a search warrant, right?
18 A.A sign-up sheet?
19 Q.Yeah.Like that it let's -- you know, it
20 let's -- you know, it's a record of everyone from your
21 office who was at particular place, right?
22 A.I don't know if we sign up every time they go
23 out on the street.
24 Q.How long were you out there the first time?
25 A.I don't recall.
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Q.Yeah.
A.There was a lot of people out there, if I
3 recall.I don't remember if I talked to some of the
4 victims, I may have.
5 Q.The victims of what?
6 A.Of the owners of the dogs, I'm sorry.
7 Q.What did you think when you got out there?
8 Were you appalled?
9 A.I've been in law enforcement 55 years.I think
10 I'm a professional.I've seen everything.I don't let
11 my personal feelings interfere with how I do my job,
12 who people are or whatever, that doesn't enter how I do
13 my job.
14 Q.Are you a supporter of Senator Jeff Flake?
15 A.What do you mean --- what do you mean a
16 "supporter," what does that mean?
17 Q.I'll tell you.
18 In this press conference, and you have a
19 transcript in front of you, sir, reflecting that.
20 You're asked about Senator -- United
21 States Senator Jeff Flake, and you said that you saw
22 him at a victory celebration for then gubernatorial -23 governor elect Doug Ducey, right?
24 A.Yes.
25 Q.Do you remember that?
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never a former.
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1 of some of the situation that had occurred in the
2 house.That's one of them.
3 Q.BY MR. MONTOYA:What information did you have?
4 A.That's one of them.About the dogs being in a
5 9-by-12 room.
6 Q.Okay.How big are your cells over at the
7 County Jail?
8 A.In the jail?
9 Q.Yes.
10 A.The cell.Almost the same.
11 Q Okay.
12 A.I didn't measure it, but. . .
13 Q.Has your office been sued for overcrowding at
14 the Maricopa County Jail?
15 A.Maybe 30, 40 years ago, before I put up the
16 tents.But, no, I don't recall for overcrowding.
17 Maybe -- are you talking about overcrowding in a cell?
18 Q.Yeah.
19 A.I don't recall.
20 Q.You're claiming -21 A.I really don't have any problem with that.
22 Q.You're claiming that these animals were
23 overcrowded in a 9-by-12 room.You put your prisoners
24 in rooms about 9-by-12, don't you?
25 A.We only put one or two.We don't put 28
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there.
2 A.Well, that would be -3 MR. LEONARD:Object to form.
4 THE WITNESS:That would be something that
5 the County Attorney would determine, felonies versus
6 misdemeanors.
7 Q.BY MR. MONTOYA:Do you recommend charges
8 against innocent people?
9 A.No.
10 Q.That would be wrong, wouldn't it?
11 A.If we knew that they were innocent, yes.
12 Q.Isn't it true that before you recommend -13 isn't it true that before your -- you're in charge of
14 your office, right, the buck stops with you, right?
15 A.Yes.
16 Q.Now, Sheriff, before your office recommends
17 multiple felonies against someone, you, sir, you want
18 to be assured that the person is probably guilty,
19 right?
20 A.I don't get involved.Once again, when my
21 investigators refer cases for prosecution normally.
22 Q.Well, you get involved when the cameras are
23 rolling.Your investigators aren't up here talking,
24 are they?
25 MR. LEONARD:Object to form.
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A.Retirement.
Q.So she retired?
3 A.Yes.
4 Q.She wasn't terminated?
5 A.No.
6 Q.How else would you find out who briefed you on
7 your recommendation or your office's recommendation on
8 21 felony charges?
9 A.Well, I would have to start researching going
10 back to those days who was involved and see if they
11 remembered who talked to me.
12 (Whereupon, Deposition Exhibit Number 2 was
13 marked for identification.)
14 Q.BY MR. MONTOYA:Okay.Have you ever seen this
15 before?It's Defendants' Rule 26(a)(1)(A) Initial
16 Disclosure Statement.
17 You can share it with your lawyer.
18 MR. LEONARD:Do you have copies?
19 MR. MONTOYA:You can just have that one.
20 I don't need a copy.I know what it says.
21 MR. LEONARD:Are you marking it.
22 MR. MONTOYA:Yes.I'll give you copy at
23 our next break.
24 But in the meantime, you can use -- I
25 don't need a copy.I know what it says.
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the witness not to answer that.I mean, that's -communications between us are privileged.
3 MR. MONTOYA:It's not a communication.
4 MR. LEONARD:Sure, it is.
5 MR. MONTOYA:If I hand somebody
6 something, that's not a communication, especially in
7 reference to that document.He had a duty to verify
8 that.He's a party to this case.
9 MR. LEONARD:Who had a duty to verify
10 that?
11 MR. MONTOYA:Sheriff Arpaio had a duty -12 Sheriff Arpaio has a duty to verify all of his
13 discovery -- all discovery responses in this case,
14 Mr. Leonard.He's a party.
15 MR. LEONARD:Under what rule?
16 MR. MONTOYA:Under the federal rules of
17 civil procedure.
18 MR. LEONARD:Okay.Well, we can disagree
19 about that -20 MR. MONTOYA:Under Rule 26.There's
21 no -- read the rule.These have to be verified.
22 MR. LEONARD:I'm going to instruct the
23 witness not to answer.
24 MR. MONTOYA:Can I see that?
25 Thank you, Sheriff.
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A.Including sheriffs.
Q.That's true, Sheriff.You have rights too.
3 But as our sheriff, you also have
4 responsibilities, don't you?
5 A.Yes.
6 Q.Well, people have a right not to be criminally
7 prosecuted if there's not sufficient evidence
8 justifying that prosecution, right?
9 A.That's up to the prosecutors.
10 Q.Well, isn't it up to you as sheriff to make
11 sure your people don't recommend the prosecution of
12 people without enough evidence?
13 A.Our detectives get evidence before they
14 recommend.
15 Q.How do you know?
16 A.Because I have confidence in them and the -17 I'm not going to get into statistics, but I think we've
18 been rather successful in our operation.
19 Q.Are you a fan of our former president Ronald
20 Reagan?
21 A.A fan?
22 MR. LEONARD:Object to form.
23 Q.BY MR. MONTOYA:Yeah.
24 A.I'm a fan of many presidents.
25 Q.Were you fan of Ronald Reagan?
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MR. LEONARD:Right.
Q.BY MR. MONTOYA:Did he file -- did you
3 authorize him to file that?
4 A.I rely on my attorneys.
5 Q.Did you see it -- did you -- have you ever seen
6 that document before, Sheriff Arpaio?
7 A.I'm trying to recall.I don't recall right
8 now.
9 Q.Okay.I respect that answer.
10 Now, Sheriff I'm about to hand -- by the
11 way, Exhibit 6 is the answer to the complaint in this
12 case.And Exhibit 7 is the answer of Defendants Arpaio
13 and Maricopa County to the Second Amended Complaint in
14 this case.
15 Sheriff Arpaio, have you ever seen that?
16 A.You know, once again, I'm not -- I don't recall
17 on this one.I may have.
18 Q.When did you first -- when's the first time
19 that you heard Mr. Leonard was your lawyer in this
20 case?When did you learn that, Sheriff Arpaio?
21 A.I don't recall the date.
22 Q.Well, give me your best estimate.
23 MR. LEONARD:Object to form.
24 Q.BY MR. MONTOYA:Was it last week?Was it
25 yesterday?Was it last year?
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2 sir.
3 Here you go, Evan.
4 MR. HILLER:Oh, thank you.
5 MR. MONTOYA:Sure.
6 MR. LEONARD:Can you hand me Two through
7 Seven?
8 Two through Seven.
9 MR. MONTOYA:Two through Seven?Oh,
10 these?
11 MR. LEONARD:Are those mine?
12 MR. MONTOYA:I'm going to have to get you
13 copies of these.
14 MR. LEONARD:Okay.
15 MR. MONTOYA:Please remind me.
16 (Whereupon, Mr. Trujillo exits the deposition
17 at 2:50 p.m.)
18 THE WITNESS:I remember.I'm reading
19 that, that's -20 Q.BY MR. MONTOYA:You can do that, Sheriff.
21 A.I don't recall from the past -22 Q.That's your right -- Sheriff, it's your right
23 to read everything that you're presented, as you know.
24 A.Is the date July 9th?
25 Q.It's dated July 9th of 2014, Sheriff.I don't
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A.(Witness complies.)
Q.Specifically Paragraph 3, "Sheriff's detectives
3 determined that they needed to speak with the
4 caretakers Logan and Austin Flake before a search
5 warrant was obtained.However, the Flakes would not
6 return detectives' phone calls and instead the couple
7 left the state.Sheriff's detectives then tracked the
8 Flakes to Provo, Utah, and two days ago attempted to
9 question them about what happened.They refused to
10 answer any questions," period, unquote.
11 Did I read that right?
12 A.You're talking about sheriff's detectives?
13 You're talking about the -14 Q.Paragraph 3?
15 A.The wording, the wording of it?
16 Q.Yeah.
17 A.I believe what you said is correct.
18 Q.Okay.
19 A.You didn't make any errors when you read it to
20 me.
21 Q.Okay.Sheriff, here's my question:Does that
22 suggest to the reader that Logan Flake and Austin Flake
23 ran off to avoid questioning by your detectives and
24 your detectives had to track them down, out of state?
25 A.No.I would believe our detectives wanted to
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A.Yes.
Q.And then on the other end of the continuum is a
3 figurehead, who isn't hands on in any respect, right?
4 MR. LEONARD:Nope.Object to the form.
5 Q.BY MR. MONTOYA:Is that what -- do you
6 understand what I mean by a "figurehead"?
7 A.No, I don't -- no, no.I don't call that
8 figurehead.
9 Q.Well, okay.On what side of the continuum do
10 you fall, the micromanager who's involved in everything
11 hands-on or what I've described as the -- or what I've
12 termed a figurehead who doesn't have his hands on
13 anything and doesn't know about any of the facts
14 regarding everything and just relies on his
15 subordinates?
16 MR. LEONARD:Object to form.
17 Q.BY MR. MONTOYA:Which are you, Sheriff Arpaio?
18 MR. LEONARD:Object to form.
19 THE WITNESS:I'm the type of guy that
20 after 55 years and most of it in top management
21 positions has received many, many awards for my
22 management abilities, so I guess I'm doing something
23 right to keep a balance.I said, again, my management
24 is -- success is through who the people you hire and
25 how they do the job.
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MR. MONTOYA:Sure.
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A.No.
Q.Did you attempt to ascertain the nature of the
3 alleged lie?
4 A.No.
5 Q.Are you aware that your detective, Marie
6 Trombi, testified to the grand jury that the electrical
7 usage records kept by the Salt River Project showed
8 that the air conditioning at the Flakes' (sic)
9 residence was on all night and was consistent with
10 other nights?
11 MR. LEONARD:Object to form.
12 THE WITNESS:Was I concerned?
13 Q.BY MR. MONTOYA:No.Are you aware that your
14 detective Marie Trombi told the grand jury that the air
15 conditioner, quote, "Was on all night," unquote?
16 MR. LEONARD:Object to form.
17 THE WITNESS:I wasn't concerned.That
18 was her opinion -- or her investigation.
19 Q.BY MR. MONTOYA:Well, are you aware that the
20 SRP records reflecting the electrical usage at the
21 Hugheses' home on the night of the dogs' death showed
22 at about 2:00 in the morning the electrical usage
23 dropped 38%?
24 A.I heard -25 MR. LEONARD:Object to form.
2
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1 don't know.I don't think they did.On the other
2 hand, I do know that there was County Attorneys working
3 with her.
4 And I would presume if there was something
5 very serious, maybe they would have looked at -- looked
6 at that situation themselves.
7 Q.Now, Sheriff, if one of your subordinates makes
8 lies to a grand jury, is that something that would
9 concern you as our sheriff?
10 A.This an opinion of a lawyer.This suing. . .
11 Q.Okay.
12 A.That has their own interests.
13 Q.But some things like what SRP's electrical
14 usage records reflect, that's an objective fact, right?
15 A.I don't know anything -16 MR. LEONARD:Objection; form and
17 foundation.
18 THE WITNESS:I don't know anything about
19 that situation.I didn't look into it myself.
20 Q.BY MR. MONTOYA:Well, did you ask one of your
21 subordinates to look into it?
22 A.I don't recall.I would presume if there was
23 an issue, they would look into it.
24 Q.Without you asking them?
25 A.Yes.
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1 heart, Sheriff?
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indicted.
Q.Okay.But Logan Flake is a woman, right?
3 A.Oh, I'm sorry, it's Logan.
4 Q.That's okay?
5 A.I'm sorry, I didn't mean that.
6 Q.That's okay.
7 Logan Flake was indicted once, right?
8 A.Logan?
9 Q.Logan Flake, Ms. Flake, the blond.
10 She was indicted, right?
11 A.I'm not sure.
12 Q.Pursuant to the recommendation of your office,
13 21 times.The transcript is right here.
14 A.Well, I'm not sure whether Austin was too.
15 Q.They both were?
16 A.You said Logan.
17 Q.I know I did say Logan.Logan was indicted on
18 21 counts and Austin was indicted on 21 felony counts,
19 they both were, pursuant to the recommendation of your
20 office.
21 You understand that, right?
22 A.And the County Attorney.
23 Q.And that indictment was remanded to the grand
24 jury, right?
25 You gave a press conference over it that
2
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4:11 p.m.
MR. LEONARD:Read and sign.
3 E-Tran.
4 (Whereupon, the deposition was concluded at
5 4:11 p.m.)
6 * * * * * *
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7 I, the undersigned, say that I have read
8 the foregoing transcript of testimony taken July 14,
9 2016, and I declare, under penalty of perjury, that the
10 foregoing is a true and correct transcript of my
11 testimony contained therein.
12
13 EXECUTED this __________ day of
14 ________________, 2016.
15
16
17 ____________________________________
SHERIFF JOSEPH M. ARPAIO
18
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25
2
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1 STATE OF ARIZONA ) SS.
)
2 COUNTY OF MARICOPA )
3
BE IT KNOWN that the foregoing proceedings were
4 taken before me, DONNA DELAVINA, Certified Reporter
No. 50468, that the witness before testifying was duly
5 sworn by me to testify to the whole truth; that the
foregoing 208 pages are a full, true and accurate
6 record of the proceedings, all done to the best of my
skill and ability; that the proceedings were taken down
7 by me in shorthand and thereafter reduced to print
under my direction.
8
[X]Review and signature was requested.
9
[ ]Review and signature was waived.
10
[ ]Review and signature not required.
11
I CERTIFY that I am in no way related to any of
12 the parties thereto nor am I in any way interested in
the outcome hereof.
13
I FURTHER CERTIFY that I have complied with the
14 ethical obligations set forth in ACJA 7-206.DATED at
Phoenix, Arizona, this 31st day of July, 2016.
15
16
______________________________
17 Donna DeLaVina, RPR
Certified Reporter
18 Certificate No. 50468
19 * * * * * *
20 I CERTIFY that DONNA DELAVINA REPORTING, LLC has
complied with the ethical obligations set forth in ACJA
21 7-206.
22
23 ______________________________
Donna DeLaVina, RPR, Owner
24 Donna DeLaVina Reporting, LLC
Arizona RRF No. R1010
25