At this year’s annual conference, Deputy County Attorney Lacey Fisher was recognized as the Felony Prosecutor of the Year in a Large Jurisdiction. Lacey is assigned to the MCAO Sex Crimes West Bureau and has prosecuted some of the worst of the worst offenders in her more than six years with the Office. “Lacey has chosen to specialize in cases involving some of the most vulnerable victims. These victims are children who have been repeatedly victimized, often at home first, then by a trafficker, then by ‘customers’ too numerous to count,” said Rachel Mitchell Special Victims Division Chief. “The combination of fear and manipulation, while not unique to sex crimes, is noteworthy in its magnitude. These children, quite simply, have no one. Lacey’s job of convincing them to cooperate is a long-term effort.”
 
APAAC also recognized Phillip Quihuis with the 2019 Legal Assistant Lifetime Achievement Award. Currently assigned to the MCAO Capital Litigation Bureau, Phillip’s 20+ years of experience with the Office make him more than worthy of this award. Capital Litigation Bureau Chief Patty Stevens often refers to Phillip as “Emperor” in recognition of his exceptional dedication to our capital litigation work.

In July, Community Based Prosecution West Central Phoenix Bureau Chief Gina Godbehere was selected to receive a 2019 Gabe Zimmerman Public Service Award for her work as a civic leader. The Gabe Zimmerman Public Service Award recognizes non-elected public servants who contribute to their communities, improve civic life and collectively shape a better future for all Arizonans.
 
Gina’s work, along with Dr. Lily Matos DeBlieux, on the now annual “Speak Up, Stand Up, Save a Life Conference” was recognized at the Annual Arizona City County Management Association lunch last month. “Speak Up, Stand Up, Save a Life,” now in its third year, includes more than 5,000 students, counselors, law enforcement members, parents and education advocates who join together annually to identify and eradicate the stigma and consequences of bullying and to prevent teen suicide.
 
Gina, Dr. Matos DeBlieux and the “Speak Up, Stand Up, Save a Life” program were also the recipients of a 2018 National Association of Counties (NACo) achievement award. This program, originally started as a grassroots effort, empowers Arizona kids to say something and avoid being victimized.

 ‘The power of DNA’ - Paladino’s case seems like a classic example. In a sentencing memorandum, Jesus Acosta, his defense attorney, outlined a series of allegations that never resulted in sexual assault charges. Gilbert police referred Paladino to juvenile authorities. He was placed on intensive probation for three years and received mental health treatment, according to a pre-sentence report. But testing the old rape kits, dating back to 2003, linked Paladino to the series of assaults in which the victims told similar stories. The victims included a 13-year-old girl and a 14-year-old girl. A 17-year-old victim said Paladino dropped out of high school at the time because his nickname was “The Rapist,’’ according to a pre-sentence report. In Arizona, the age of consent is 18. In the report, Paladino claimed that he had sex with more than 200 women and had difficulty recalling details. “He commented that his sex drive was ‘pretty high’ when he was younger and he was ‘a little rough,’ but he denied intending to hurt the women,’’ the report said. Paladino generally claimed the sex acts were consensual, even though any sex act with an underage victim in Arizona is considered a sex crime. “The defendant commented that when girls get upset, they accuse you of raping them,’’ the pre-sentence report said. Acosta argued for leniency, saying that Paladino had given up drinking and had become a good family man, even running his own landscaping and auto repair businesses. “The defendant is deeply and sincerely sorry for his actions,’’ Acosta wrote. “Mr. Paladino has a conscience and he knows there is no excuse for his actions.’’  But a probation officer viewed Paladino much differently after reviewing reports of how his victims were traumatized, with one reporting anxiety, depression and a hospitalization. “The defendant’s actions demonstrated he was more concerned with fulfilling his own personal sexual interests and desires than for any negative long term emotional or psychological impacts his actions could potentially have on his victims,’’ the probation officer wrote. In the end, Paladino pleaded guilty on June 12 to one count of sexual assault and one count of attempted sexual assault. He was sentenced by Superior Court Judge Warren Granville to 5.25 years in prison and lifetime supervised probation. He also must register as a sex offender. “Now, we understand the power of DNA,’’ Bacon said.

Did you know that from 2016 to 2017, the crime rate fell 1.4% to 3,422.9 crimes per 100,000 Arizonans? Or that our Felony Pretrial Intervention Program (FPIP) has grown since we concluded the pilot phase by over 100% with a recidivism rate of less than 5%? These are just some of the statistics and factoids you’ll find in our 2018 Annual Report, which is now available online at MaricopaCountyAttorney.org/AR

This annual report provides information on office operations with updates on crime and a new perspective on the handling of criminal cases.  We highlight important cases handled in the last year, illustrating work performed by prosecutors in addition to facts and figures demonstrating how this Office impacts crime in our community and processes the cases submitted by law enforcement agencies throughout the county.
 
“Once again, the MCAO has built on past accomplishments and set the bar even higher and this report presents a comprehensive picture of this work,” said Maricopa County Bill Montgomery. “The people of Maricopa County can be confident that we will continue to serve with integrity, ensuring justice for all.”

Two years ago, the Maricopa County Attorney’s Office (MCAO), together with other Valley law enforcement partners, focused on the area of 19^th Avenue and Camelback Road, an area where residents had alerted law enforcement of a spike in criminal activity. Prosecutors joined with detectives and crime analysts to identify, arrest and prosecute several offenders who were identified as crime drivers, some of whom were as young as 15 years old. Apart from these offenders, the neighborhood is filled with eager yet vulnerable young students just trying to get to school, in addition to concerned parents and business and community leaders who are interested in changing the story. Right in the middle of the area is Solano Elementary School. Following a community event at the school involving MCAO Investigations personnel, Principal Renee Hamill approached MCAO detective John Byrd and asked if the Office could help the school and become more involved with the students.
 
After several weeks of follow-up discussions and brainstorming, members of the MCAO Investigations Division and Principal Hamill introduced a mentorship program. The school identified 10-15 male students in 4^th through 6^th grades who needed extra help at school, some with behavioral issues and others with obstacles at home, including absentee dads. MCAO detectives joined teachers and the 15 invited students at the first mentorship event. The goal was to make a connection and forge new relationships. MCAO Detective John Byrd teamed up with Principal Hamill and the selected students and held the first mentorship event. The goal was to make a connection, forge new relationships and introduce relatable, positive role models who could share their stories. Some of these stories included many of the same obstacles the students in the program were facing every day. Detective Byrd remembers that first meeting and the moment when “these kids started to see themselves in the detectives” – and after that they simply “started nourishing that connection.”
 
From there, the mentorship program grew and follow-up events were scheduled. Movie Night at Solano Park was held so families could gather at the park, meet new people and feel safe. MCAO Investigations personnel joined neighborhood families and staff from Solano School to help forge those connections. MCAO personnel also sponsored a Walk to School Day where they met young students in the apartments across from the school and simply walked with them, through this same park to school, initiating conversations and instilling trust. Soon after presentations began and several were given on important issues like bullying, self-esteem, academics, the importance of test scores and positive role-modeling. Meaningful conversations were held after each presentation where MCAO detectives, lieutenants, the assistant Chief and the Chief answered questions and took a personal interest in each of the children’s stories. A curriculum was then created by the school and MCAO to address real time behavioral challenges. As the mentorship program progressed, Solano teachers reported positive changes in these students, which often reverberated to the larger group.
 
One Solano teacher sent a note back to MCAO detectives reporting an incident she witnessed in her classroom. The student mentee had “stepped up” and demonstrated leadership in the classroom when a negative incident was occurring. The teacher questioned where this new behavior had come from and the student answered simply, “the mentorship program.” Another positive example occurred after the third mentorship meeting. The mentees joined the rest of the classroom at recess, while the detectives remained on the playground. One of the mentees had a sad look on his face and simply walked up to Detective Byrd and reported he was sad his dad wasn’t around and wondered why. Detective Byrd reached down and gave the student a big hug, recognizing the trauma in his heart was speaking and he wanted someone to simply validate his pain.
 
By the time the mentorship program wrapped up at the end of the school-year, the 10-15 young men were ready to graduate. Outfitted in their regular school uniforms supplemented with neck ties, the graduates received “diplomas” and photos and participated in a ceremony with Principal Hamill, teachers, parents and family members and MCAO personnel. The mentees proceeded with confidence to the front of the classroom, when their names were read. Prior to the ceremony, MCAO detectives and the assistant Chief checked each Windsor knot and instructed the boys on the proper way to wear this attire. Most of the young men had never worn a tie, let alone been taught how to tie a tie. Deputy County Attorney Mischa Hepner was proud to participate in the inaugural program and could see the changes in the graduates, “I could see the difference that this program made in their lives. We gained a better understanding of their struggles and I understand the appreciation developed for their classmates, teachers and even their community. It was heart-warming.”
 
Although many of the mentees moved on after graduation, some to a new school in a different grade, others to carry on what they learned with their classmates and friends at Solano, the mentorship program will resume in August. Solano Principal Hamill will select 20 new participants and MCAO “mentors” will take time to get to know the mentees and begin forging relationships with the Class of 2020.
 
Also new this August is a girls’ mentorship program at Solano that will be led by MCAO Juvenile Division Chief Beth Beringhaus. Detective Byrd sums up his experience with the program, “every mentee is vulnerable to a life of crime and we are helping them redefine who they are and what they can achieve. It’s possible to give a child something they’ve never had before and that is a feeling that never gets old.”

MCAO Investigations Division Chief Karen Ashley agrees, “The relationships forged with MCAO staff members and the youth in this community reminds us why we got into this profession: To make a difference. It truly takes a village to raise a child and being part of the Solano Village has been good for all of us.”

The Deferred Prosecution Program at the Maricopa County Attorney’s Office is made up of several diversion programs: Check Enforcement, Child Abuse, Drug, Felony Pretrial Intervention Program (FPIP) and Justice Court. Under authority of the County Attorney, the Maricopa County Juvenile Probation Department administers Juvenile Diversion Programs. Two new diversion programs, Animal Cruelty and a program serving the seriously mentally ill will be available in August of this year.

This month, we would like to introduce you to two new members of the Diversion team who have a wealth of knowledge and experience that they are bringing to help develop MCAO’s Diversion Program. They both have an extensive criminal justice background and their knowledge and expertise is critical to the development of our programs.
 
Dr. John Vivian, Diversion Program Evaluator, arrived at MCAO with over 37 years of experience as a criminal researcher. He has worked with several Arizona agencies, the Department of Public Safety, the Department of Corrections and the Department of Juvenile Corrections, as well as serving on several special commissions. During his lengthy career he has authored numerous studies, particularly on recidivism, and he has taken an in-depth statistical look at juvenile offenders. “I’m an applied researcher. While I started out in the academic world, I left to see it infused into new and existing programs to improve them,” said John Vivian. “I have worked on the Corrections side of criminal justice for many years and it’s satisfying for me to work on an alternative to sentencing, providing diversion opportunities for those who can successfully benefit from them.”
 
John is a self-described “metrics person,” and has particular experience gathering data and analyzing programs. He is using his experience and skillset to develop a scorecard for MCAO’s diversion programs. The scorecard is an accumulation of metrics that ultimately serves as a management tool to improve diversion services and to help offenders in the successful completion of their prescribed program. He will also be overseeing the production of an annual report, and creation of a program evaluation tool. He is enthusiastic and excited about the ways Diversion will add to the programs already offered at MCAO. John is an avid outdoorsman. He loves to go hiking—particularly in the Sedona area. He has seven grandkids, with whom he likes to go skiing, kayaking and continue to find new adventures.
 
Grace Ku is the new Diversion Contracts Compliance Administrator. Grace comes to MCAO with more than 26 years of experience with the County, most recently as Juvenile Probation’s Division Director of Probation Services. In that role, she worked on key policies and strategic planning. Grace’s work at MCAO will help secure the foundation of the Bureau so she can better track and report how it is functioning.

Grace became involved in criminal justice first through an internship in 1991 with Juvenile Probation. She enjoyed working with youth and helping them improve their life’s outlook. She has previously served as a probation officer and later in her career she worked on firearms investigations and matters of professional conduct. “Diversion brings the idea that there’s hope that people can change, that they can impact their own circumstances, said Grace. “Diversion helps offenders make amends and eases an often over-burdened system. With diversion, an offender is held accountable, but is able to address the underlying issues that may have influenced the decision to participate in criminal activity.” Grace loves to travel and typically takes 2-3 trips a year to places like Germany, Australia, Greece, Italy and China.
 
“Diversion programs offer our prosecutors another option to help seek justice and reduce crime, said Maricopa County Attorney Bill Montgomery. “Our success is not achieved through simply tracking wins or losses, which we do not do, but rather we measure success by seeking justice for the victims, the offender and our community. Programs like diversion allow eligible offenders a chance to stay in their communities while learning the skills to stop the cycle that may cause them to reoffend in the future.”

Diversion provides opportunities for criminal offenders to receive counseling and treatment for a variety of underlying issues that may have contributed to their offenses. By successfully completing these programs, an individual can avoid prosecution and incarceration, and hopefully avoid reoffending. Diversion Programs Bureau Chief Patti Cordova adds that “Dr. Vivian and Grace Ku are both extremely competent and experienced. The Bureau is only better because of them and the community will benefit as well.”

We are now into the last month of our summer-long “Don’t Leave Me Behind” Vehicular Heatstroke Campaign, but even as we look toward a successful conclusion, we cannot let our guard down. It is still far too hot to leave a child or pet in a parked car.
 
In our heat, a vehicle’s interior can rise 20 degrees in just ten minutes. Even if the temperature outside is only in the 60’s, a parked vehicle can reach 110 degrees in minutes. Children and pets are particularly vulnerable to heatstroke in hot cars because their body temperature rises faster than a human adult.
 
“It is never ok to leave a child or pet in a parked car this summer. Whether you are a parent, guardian, caregiver, uncle, aunt, neighbor or friend helping out, if you have a child in the backseat you have precious cargo. You must remember they are there and remember your responsibility,” said Maricopa County Attorney Bill Montgomery.
 
Since kicking off the campaign in May, there have been a number of close calls across the Valley with young children being left in cars. Luckily, every one of those incidents ended without further tragedy. The same held true for pets this summer with many close calls, including Suzie who was found by police offers after being in a hot car for six hours. The resilient German Shepherd luckily made a full recovery and is now enjoying a new forever home.
 
“During the Summer, the Arizona Humane Society’s Emergency Animal Medical Technicians respond to about 40 calls a day, and up to half of those can be heat related. It is important to keep pets inside as much as you can and never leave them in a parked vehicle which is like a hot oven that can turn deadly to an animal locked inside,” warned Tracey Miiller, Arizona Humane Society Field Operations Manager.
 
Serving as a tool for responders is the “Good Samaritan” law—enacted just last year—which provides civil protections to those who may need to help a child or pet in distress. Also encouraging is the progress we are seeing in our state with changes in the law including HB 2671, signed into law by the Governor, allowing for greater penalties for the worst cases of animal abuse.
 
This year the “Don’t Leave Me Behind” Vehicular Heatstroke Campaign has brought partners together who are driven to keep the summer free from deadly tragedies. Supported by not only the Maricopa County Attorney’s Office, but also the Arizona Humane Society, Phoenix Children’s Hospital and the Governor’s Office of Highway Safety, the goal has been to ensure that not another life was lost to this 100% preventable tragedy. Sadly, a young life had already been lost prior to the launch of the campaign in May however it only strengthened the partnership’s resolve to ensure that NOT ONE MORE life is lost this summer in our community.
 
“Last year, in 2018, there were no deaths in the Valley from children being left in a hot car, but tragically we did have one child this year, so clearly there is a need out there for us all to be aware and it is so simple. This is 100% preventable, but you have to be aware that it has a possibility of occurring. You cannot let down your guard or believe that it can’t happen to you,” said Dr. Anthony Pickett, Phoenix Children’s Hospital Emergency Department Physician. Having a strategy to remember there is a child in the backseat especially when you are outside of your normal routine is the best way to prevent tragedy. You can leave your phone in the backseat or if you have a car with keyless entry leave your key fob in the back, and the car will alert you if you try to lock the door and walk away.
 
The campaign officially ends on August 31 and all of the partners hope to join with our community to celebrate that we achieved our goal of NOT ONE MORE. For more information on the campaign or helpful reminders for caregivers visit the campaign website MaricopaCountyAttorney.org/Vehicular-Heatstroke

Did you know that MCAO has a Speakers Bureau that provides knowledgeable speakers to discuss a wide range of criminal justice issues to students, civic organizations, business groups and parents at no cost? Our experienced Deputy County Attorneys, paralegals and staff members will volunteer their time to provide informative sessions on topics that include: Personal Safety, Domestic Violence, Frauds & Scams, Bullying, Identity Theft, Criminal Justice Careers, Neighborhood Safety, Internet Safety, Substance Abuse Prevention, Victims’ Rights and more.
 
To request a speaker, visit our website and fill out the Speakers Bureau Presentation Request Form located in our Community section. For more information contact us at 602-506-3411 or at MaricopaCountyAttorney.org/Speaker