What has happened to our system of justice? It seems to have taken a turn towards protecting the guilty and putting the innocent at risk. A recent study revealed that Maricopa County judicial officers let out dangerous criminal illegal immigrants at the rate of 160 per month. This is unacceptable.
Jocabed Dominguez-Torres was arrested for extreme drunk driving, killing 20-year-old Chris Miller. Torres admitted she was here illegally and had bought forged documents, yet Maricopa County court Commissioner Kathleen Mead set her bond at $150,000 – in direct violation of Proposition 100, which allows NO BOND in theses cases for illegal immigrants.) The court, in its infinite wisdom, decided to require official confirmation of illegal residency before denying bond. That did not happen because Immigration and Customs Enforcement (ICE) apparently was not available but later confirmed Torres’ illegal status and put immigration hold on her. Inexplicably, less than a week later, Commissioner Michael Barth reduced her bond to $50,000 – again in violation of Prop. 100.
Whether it is a lack of understanding of the new law or blatant disregard, the problem is rampant in Maricopa County Superior Court. Many of these judicial officers are blocking justice and putting the public in serious jeopardy – decisions that are literally death sentences for some.
Mesa Police arrested Ruben Perez Rivera, an illegal alien, for kidnapping and assaulting his ex-girlfriend by dragging her by the hair and forcing her into his car. After his arrest, ICE believed him to be here illegally and requested a hold, but court Commissioner Joan Sinclair set bail at $10,000. Later, Commisioner Mindi Mendez ordered his release on his own recognizance. Later that same day, Commissioner James T Blomo set bail at $10,000. Three different Commissionaer defied the voters. The courts eventually released Rivera to ICE without any bail being paid. Kidnapping is a Class 4 felony and because of his illegal status, Rivera should have been held without bond. ICE deported him but was back in Mesa 11 days later allegedly stabbing to death Theodore Cruz Perez. Death is a high price to pay for judicial pandering to illegal immigrants.
Interestingly enough, Maricopa County, with its appointed Judges and Commissioners, is awash in these senseless rulings while the counties who elect their judges, do not seem to have this same lapse of judgment. Those judges actually seem to be accountable to the people and the laws we pass.
Maricopa County Superior Court Pretrial Services sent a memo advising its employees: “Due to recent changes in legislation and the liberty interest implications, we will no longer be asking defendants any questions regarding their citizenship…” A subsequent memo told employees “we do not ask defendants any questions regarding their citizenship and that question should not have any response listed on our… paperwork.”
Even our veterans are at risk. Decorated Arizona veteran Army Ranger Jason Okon was stabbed in his own front yard by Armando Martinez-Lozano. At the initial hearing, Commissioner James R. Morrow found there was no proof he was in the country illegally despite arresting officers’ notes on a report that he was “definitely is an illegal alien.” No mention of the defendant’s illegal status appeared in the Pretrial Services Agency report that court employees prepare.
After State Legislators held a press conference highlighting these horror stories, the Supreme Court instituted Simpson hearings to ensure the court examined whether someone was here illegally. The Maricopa County Attorney’s Office reports that after the Simpson hearings were adopted, of 187 cases of suspected illegal immigrants committing Class 4 felonies or above, 100 percent were held without bond at the initial appearance, but only 14 percent were held without bond only hours later at the Simpson hearing. This means that 86 percent of dangerous, probably illegal immigrants in Maricopa County received bond and were back out on the streets.
Other counties in Arizona, however, are not so ready to set low bonds for these dangerous criminals. In the counties where judges are not appointed, (13 of 15 counties in Arizona still elect their judges) those Superior Courts are either not allowing bond as stipulated in Prop. 100 or are setting bonds so high that most defendant can’t possibly post bail. They protect the public, not the criminal. But in Maricopa County it does not look as promising.
The situation is bleak. While other counties are enjoying the protections of responsible jurisprudence, it is discouraging to know that Maricopa courts are putting us all at risk. Maybe it’s time to elect judges again in Maricopa County and make them accountable to the voters.
Written by Senator Chuck Gray (R-Ariz.)
