Maricopa County Attorney’s Office

Justice for All

December 2017

Maricopa County Attorney Bill Montgomery

Each year, the Maricopa County Attorney’s Office is working to reduce crime and keep our community safer, and this year was no exception.

We believe that to best serve the community, we’ve got to build and maintain strong relationships with local law enforcement, community groups and residents to understand their needs and to share information that can positively impact public safety. To do so, this year the Office expanded our successful Community Based Prosecution model from four geographically defined prosecution bureaus to eight. You can see a map of these at: MaricopaCountyAttorney.org/CBPD

To enhance our effectiveness, we also launched an Intelligence Focused Prosecution approach to criminal justice, allowing us to take a comprehensive look at crime trends and repeat offenders that we are sharing with local law enforcement agencies throughout the County.

Last month, I participated in the 50-State Summit on Public Safety, held in Washington, D.C. This first of its kind summit gathered lawmakers, corrections administrators, law enforcement officials, and behavioral health professionals from every state to analyze and discuss local trends in public safety.

It was a unique event through which participants from around the nation shared the successes we are seeing in our own communities and got an insight into other programs across the country that may be beneficial to areas of the criminal justice system in Arizona. The summit examined crime, corrections, and behavioral health trends state by state to help develop effective solutions. Topics covered included: reducing crime and strengthening communities; breaking the cycle of reoffending; and strategies to enable reinvestments in public safety.

Throughout December, with all the festivities of the Season, I’d like to remind you to remain aware and avoid becoming a victim of crime as you are out shopping, at home or out at celebrations. I’d also encourage you to take advantage of our annual “Safe Lives, Don’t DUI” campaign and get a discounted ride home by using the codes we are offering with our partners, Lyft and iHeart Media. Get the details later in this issue and share them with family and friends.

Wishing you and your family a safe and Happy Holiday Season

Maricopa County Adopts First-ever Comprehensive Sexual Assault Response Protocol

As part of the Maricopa County Sexual Assault Kit Backlog Elimination efforts, the Maricopa County Attorney’s Office led a multi-disciplinary team of stakeholders to develop a victim-centered, trauma-informed protocol that will be used as a guide for all professionals involved in the victim response, investigation and prosecution of sexual assault crimes.

Sexual violence impacts all socio-economic levels, ages, genders, and races. Each year Maricopa County averages 1,000 reported sex assaults, though most sexual violence is not reported to the police. Statistics show us the depth of the problem of sex assault in our country. One in five women and one in 71 men have reported being victims of sexual assault; the numbers for college students are even higher.

Representatives from local police departments and crime laboratories along with forensic nurses, prosecutors, and victim advocates worked for several months, identifying best practices that will be used by forensic nurses during the forensic medical examination of the sexual assault patient, the effective investigation by law enforcement, the testing of the sexual assault kit by the forensic lab, the support to be provided by victim advocates throughout the process, and the appropriate prosecution of offenders.

“For the first time there is a guiding document for all those involved both in the care of sexual assault victims and for those who strive to hold those who commit the crime of sexual assault accountable,” said Bill Montgomery. “This effort is a model not just for ensuring the testing of sexual assault kits, but for all aspects of sexual assault investigation.”

To read the Protocol Manual, visit: MaricopaCountyAttorney.org/SAPM

Put Some #JOY in Your Holiday Celebrations

This holiday season, the Maricopa County Attorney’s Office is again partnering with ride-sharing service Lyft to combat impaired driving through incentives and education during the ‘Save Lives, Don’t DUI” campaign.

“During December you should think of the Lyft app more as a keep out of jail app,” said County Attorney Bill Montgomery

This year, the campaign will be extended, running from December 1^st through January 2^nd, ensuring that those enjoying holiday festivities all the way through ringing in the New Year will have the ability to get a safe ride home at a discount.

“We are urging people to go on their phones now and download the app if they haven’t already. Once you have the app open, just type in the codes now, that way you have it ready to go when you need it, instead of trying to put all the information in after a night of celebrating,” said Drena Kusari, Lyft's Phoenix General Manager.

Along with the extended campaign, the partners are also offering an increased discount to serve as an incentive for revelers to plan for a safe ride even before they head out for their celebration.

During the campaign, December 1^st – January 2^nd, first-time users who download the Lyft app can get $5 off their first four rides by entering the promo code “JOY.” Those who already have the Lyft app can enter the code “JOY17” to receive 20% off four rides allowing them to get to and from their holiday festivities safely.

“Our goal this year is ZERO… we should have as a shared goal in our community that there will be ZERO fatalities this year based on an impaired driver,” declared Montgomery. “This time of year is meant to be one of celebration and joy for our community, and we’re hoping this incentive will help convince people to enjoy the festivities without putting anyone at risk on our roads.”

During the holidays last year, more than 2,000 DUI arrests were made across Arizona with an average blood alcohol content of almost twice the 0.08 legal limit. Overall, DUI arrests are down from years past, however the level of impairment for drivers arrested is increasing. The goal of the campaign is to convince those thinking of driving when they are impaired to the slightest degree, to instead take the incentive and get a safe ride home. The discounted rides offered through the “Save Lives, Don’t DUI” will leave many riders with only a $5 to $10 charge, compared to the $5,000 to $10,000 they might spend on a DUI offense.

Celebrate with a safe ride. New users use code JOY for $20 in Lyft Credit. Existing users use code JOY17 for 20% off 4 Lyft rides. Brought to you by the Maricopa County Attorney's Office, Lyft, & iHeart Media.

AZ CART
Specialized Team for Responding to
Child Abductions

In September, an 8-year old Mesa girl disappeared after having last been seen at her elementary school. The Mesa Police Department and the Arizona Child Abduction Response Team (AZ CART) responded and worked to find the young girl. 12 hours later Leilani was located, unharmed and tired. More than 100 law enforcement staff and AZ CART members responded to this emergency and worked in an organized and diligent manner in order to locate Leilani and bring her home. AZ CART is a multi-jurisdictional team composed of more than 30 law enforcement and prosecution agencies and about 450 team members. AZ CART works alongside the commanding police agency in the jurisdiction where the missing child is reported and is responsible for organizing, coordinating, and managing a trained response team during critical incidents involving missing, endangered and abducted children across Arizona.

In November, two Victim Advocates and a Crime Analyst from the Maricopa County Attorney’s Office attended an intensive four-day AZ CART formal training session that included emergency scenarios, behavioral sciences, abduction case studies, the impact of social media in child abductions, self-care, brain science, interrogation techniques, media strategies and identifying false allegations. Speakers were not only local experts, but also from the federal government and professional associations. The expertise and individual skills of the AZ CART members are an important part of their approach to responding to missing and abducted child incidents. Members aren’t deployed until they are trained and can come together successfully with other CART members from other agencies to form a “working team.” “Being prepared is critical and more so in cases of missing children. We learned about everything from the importance of neighborhood canvasing to properly framing interviews,” reported Alison Matson, MCAO Victim Advocate. “The scenarios presented were based on real cases and real children and helped frame what happens when the right people come together in the right way.”

In addition to the four-day training, there are also four and eight hour training sessions offered. Once members successfully complete this track, they are added to the AZ CART register and can potentially be called into action any time there is a report of a missing or abducted child.

MCAO Honors Our Veterans at
Phoenix Veterans Day Parade

Maricopa County Attorney Bill Montgomery, a West Point Graduate and Gulf War Veteran, and several staff volunteers took part in the annual Veterans Day Parade, which is in its 20^th year.

This year’s Veterans Day Parade theme was “Silent Sacrifice: Honoring our Cold War Veterans” and the MCAO entry featured an Army NG Truck with iconic images spanning major events in Cold War History from 1947-1989.

MCAO Veterans Day Volunteers

MCAO Volunteers Starting the Parade Route

MCAO Truck on the Parade Route

Bill Montgomery Waving to the Crowd

The Maricopa County Attorney’s Office Cold Case unit has been successful in bringing finality to several homicides committed in the valley. One of our Background Investigators, Ken Silvia, is hoping for the same success in solving a murder in New York City 14 years ago.

A Murder on Orchard Street

Background Investigator Ken Silvia

A nearly 20-year veteran of the New York City Police Department and international security expert, Ken Silvia came to work for the Maricopa County Attorney’s Office only six months ago. While previously assigned to the Lower East Side of Manhattan he was the lead detective on the “Orchard Street Homicide,” which is now being re-examined as a cold case investigation.

Hoping to develop new leads and bring justice to the victim and his family, Ken Silvia has been working with ABC News Nightline on a docu-series called “A Murder on Orchard Street.” ABC News reporter Christina Kiely has been following the case for over a decade and has reported on this tragedy and the impact on the victim’s family.

Burke O’Brien, a 25-year-old Chicago resident, was visiting New York City interviewing for jobs in the finance industry. While there, he stayed with a friend. One Sunday morning, around 4 am, he and his friend took a cab back to their apartment after attending a party. They did not have enough cash for the cab, so they stopped at a nearby ATM on the same street as the apartment to withdraw money.

The friend withdrew $20.00 for the $12.00 cab fare. After paying the cab driver, the two began walking to the apartment building when they were stopped by two individuals, one brandishing a .45 caliber semi-automatic gun, who began to rob them. The friend quickly handed over the remaining cash but O’Brien challenged the attacker and told him to give his friend back his money. After some words were exchanged, the suspect fired one shot, striking the victim through his heart, killing him instantly.

A faulty eyewitness account led to the initial arrest for the murder, but he was released after another eyewitness appeared two days later and corroborated the friend’s version of events. The investigation remains unsolved.

“This senseless death--for just a few dollars-- has haunted me for the last 14 years,” said Detective Silvia. He has become very close with the family members of the victim and is hoping that one day the killers will be held accountable for this crime.

The documentary on this unsolved crime is available on “Nightline” ABC Radio and as an iTunes podcast. You can also find the program at ABC News: abcnews.go.com/Nightline/deepdive/a-murder-on-orchard-street and on HULU.

Cases of Community Interest

John Allen Receives Death Penalty for Murder of 10-year-old Family Member

John Allen has received the sentence of death for the murder of his family member, 10-year-old Ame Deal. He was found guilty of 1^st degree murder, three counts of child abuse and conspiracy to commit child abuse earlier this month.

“I want to first thank the members of the jury for their time and effort in reaching a just conclusion for the horrific and senseless murder of Ame,” said County Attorney Bill Montgomery. “John Allen, along with his wife, Sammantha, received the only proportionate penalty that could rightly be imposed for the torture and pain they put Ame through. Ame deserved so much more from the adults responsible for her care,” Montgomery added.
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