Judge Snow permitted the "Sheriff Arpaio's Supplemental Brief Re: Criminal Contempt Referral" to be filed by today. The bulk is listing the actions that the MCSO has undertaken over the past several years, mostly to comply with the Court's orders and the Monitor's recommendations.
Sheriff Arpaio acknowledges that the majority of these developments have occurred pursuant to this Court’s remedial Orders. He highlights them because they clearly reflect his compliance with the existing Court Orders and demonstrate the all-encompassing and monumental changes undertaken by MCSO in its efforts to comply with this Court’s Orders. The changes are both in law enforcement policy and procedures,training,and internal accountability for all MCSO employees. These sweeping changes are to the institution of MCSO and have occurred under the leadership and with the approval of Sheriff Arpaio. It is the institution that carries over to the future for MCSO and the community it serves. The institution has changed. The institution is better.Based on the Court’s Orders, the institution will continue to evolve and improve. A reasonable and appropriate civil remedy has been achieved. A criminal referral is unnecessary. (emphasis added)Arpaio attorney Mel McDonald goes on to point out that it would be smarter for Judge Snow to keep the possibility of a criminal contempt referral "in the Court's future arsenal of possible options. Imposing that remedy at this time may hinder compliance with the Court's July 20th and July 22nd orders by pulling resources, and the Sheriff's energy and time, from the civil directives to the criminal referral and criminal defense."
Lastly, Arpaio is "reiterat(ing) that, as an alternative to a referral for criminal contempt, he will personally put 'skin in the game' consistent with the suggestions discussed in 2015." (emphasis in original) At that time, a minimum of $100,000 - to go to a local Hispanic civil rights organization - was discussed.
Plaintiffs' attorneys' fees - which County taxpayers are responsible for - in the long-running racial profiling case are now north of $10 Million.
Judge Snow could make a decision about referring Arpaio and several others in the organization for a criminal contempt investigation at any point after tonight.
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