PHOENIX POLICE DEPARTMENT (PPD OR PHOENIX PD)

Phoenix PD has a history of targeting and abusing individuals based on their political beliefs.

• History: 

• • We saw that in their handling of the Trump protests in 2017 that are the subject of a class action suit.
  • We saw that last year in the political prosecution of activist Jamaar Williams
  • We’re seeing that now in the political prosecutions of activists Bruce Franks and Zarra of BLM, among many others 
  • This is the Dept trying to stop the movement by removing important activists from the street.
  • Political prosecutions such as these are a classic tactic of totalitarian governments: destroy dissent by incapacitating opposition.  

Their abuse in this most recent uprisings, includes:

• Mass civil rights violations

• • • Between May 28, 2020 and May 31, 2020, Phoenix PD arrested 354 people.
      • It’s estimated that hundreds of these arrests were dismissed for lack of probable cause, and Phoenix PD used the same cut-and-paste statement to arrest and charge many with felony rioting. 
      • Hundreds more were arrested for allegedly violating the unconstitutional curfew order implemented by Doug Ducey on May 31, 2020.
    • Excessive force (tear gas, pepper spray, rubber bullets, broken bones)
    • Arresting protesters at their homes weeks after an action;
    • Following and arresting protesters in their cars after an action;
    • Illegally going through protesters’ cell phones;
    • Holding them in hot vans for up to six hours;
    • Mislabeling their property as evidence in order to illegally confiscate people’s property;

• Putting public health at risk; violating of their own stated policy during a pandemic

• • • They’re using chemical weapons against non-violent crowds; exposure forces individuals to remove masks (because they’re contaminated) and forces people to cough and sneeze, contributing to the spread of COVID.
      • In May, PPD  intentionally charged folx with false felonies to avoid having to cite and release them.
      • They’re arresting folx, putting them in facilities where they can’t socially distance, and contributing to the spread of COVID

• Surveilling and targeting specific members of the movement

MARICOPA COUNTY ATTORNEY’S OFFICE (MCAO)

Maricopa County Attorney Alister Adel was recently elected to office.  She was originally appointed as MCAO to replace Bill Montgomery after he was tragically appointed to the Arizona Supreme Court. 

Alister Adel’s office has been deeply involved in the political prosecution of activists:

• How is her office involved?

• • • After a person is arrested, it’s not the police that bring criminal charges forward (they just recommend them); prosecutors ultimately decide whether to move forward with criminal charges or not.
    • And prosecutors have near absolute discretion to decide whether to bring charges or not (this is called prosecutorial discretion).
    • At MCAO, that decision is highly politicized.
  • First Responders Bureau
    • In December 2019, appointed-MCAO Alister Adel created the First Responders Bureau.
    • This highly-politicized wing of MCAO is led by a former Phoenix PD officer and is primarily dedicated to litigating cases on behalf of cops.
    • This Bureau is responsible for bringing 100% of the felony cases against activists.
  • Who is the prosecutor bringing these charges?
    • April Sponsel.
      • She’s a gang prosecutor.
      • She has a reputation for being an extremely aggressive and racist prosecutor with a history of disproportionally prosecuting Black people, particularly Black people living in South Phoenix. 
      • Between 2009-2013:
        • 43% of her prosecutions were against Black people
        • Only 14.85% of her prosecutions were against White people.
        • No wonder she’s throwing the book at people fighting for black liberation. 
      • With these protests, Sponsel has pursued charges that even police didn’t recommend and that the court initially threw out for lack of probable cause. 
    • Nick Michaud

• History and Culture of MCAO

• County Attorney Adel has said cops aren’t treated any differently than civilians, but she refuses to prosecute killer cops.  

• At the same time, she has an entire Department that’s been used as a tool of Phoenix PD to illegally and politically prosecute activists exercising their First Amendment rights to fight against police brutality.

• This harkens back to the time of Andrew Thomas and Joe Arpaio when MCAO pursued political prosecutions against people who opposed the State’s racist police forces.

• How does the public feel?

• 9 in 10 likely Arizona voters said it’s very important for a county attorney to end corruption, prioritize transparency, and make data publicly available.

• 79% of likely voters agree that racism is a problem in the criminal justice system, and a county attorney should work to eliminate racial disparities.

77% of likely voters want independent investigations when police hurt or kill people to ensure officers are held accountable for misconduct.

ARIZONA COUNTER-TERRORISM INFORMATION CENTER (ACTIC) OR FUSION CENTER

What is ACTIC?

• ACTIC, commonly known as the “Arizona fusion center,” was established jointly by Arizona Governor Janet Napolitano and the Arizona Department of Public Safety (AZDPS) in 2004, two years after the creation of the U.S. Department of Homeland Security in the wake of 9/11.
• ACTIC consists of 25 local Arizona law enforcement agencies and 16 federal law enforcement agencies and is ostensibly responsible for monitoring so-called terrorist activities.
• However, since Occupy Wall Street, ACTIC has focused on monitoring civil rights organizations, activists, and victims of police brutality.
• See more here: PRWatch
• CSG.org 

How is ACTIC involved in political prosecutions?

• It has surveilled local activists and civil rights organizations via social media to gather intelligence on individuals and protests;
• It has forwarded this intelligence to local law enforcement agencies, including PPD to aid in the criminal prosecution of activists

IMPACT

Impact on individuals:

• Hundreds were arrested and falsely charged with felonies;
• Dozens upon dozens are still facing felony criminal charges;
• As a result of being jailed and falsely accused of felonies, individuals lost their jobs, lost their property, and were exposed to COVID.  Some were transferred to ICE and placed in immigration proceedings, others were deported.  
• All have either lasting physical or emotional injuries (or both).

Constitutional/democratic implications:

• These unconstitutional and brutal efforts chill free speech;
• Weaponize the criminal legal system against political opponents