September 9, 2008
FOR IMMEDIATE RELEASE
CONTACT:
media@aclu.org PHOENIX – Maricopa County Justice of the Peace pro tempore David
H. Fletcher today ruled that ACLU Foundation of Arizona Legal Director Dan
Pochoda did not engage in any unlawful behavior prior to his November 3rd arrest
by Maricopa County Sheriff's deputies outside the Pruitt furniture store in
Phoenix.
The "not guilty" ruling came after nearly five hours of
testimony about the events leading up to Pochoda's arrest last year during a
large demonstration held outside the furniture store. Pochoda, who attended the
protest for a few minutes to speak with one of the organizers, was stopped by
officers as he was attempting to leave the premises and then arrested for
criminal trespass, a third degree misdemeanor that rarely leads to anything more
than a summons to appear in court. Pochoda, a constitutional law expert with
more than 35 years experience, was later hauled off to jail and detained for
nearly 12 hours.
Maricopa County Attorney's Office Bureau Chief
Lisa Aubuchon argued that Pochoda trespassed on the Pruitt's property by
remaining on the property and questioning deputies after he had been ordered by
law enforcement to stop.
Attorneys Tim Eckstein and Jean-Jacques
Cabou, of the law firm of Osborn Maledon, represented Pochoda and argued that he
did, in fact, comply with police orders and was arrested only after he
introduced himself as the ACLU Foundation of Arizona's chief lawyer.
"This was yet another instance of Sheriff Arpaio and his deputies using their
positions of authority to violate the rights of individuals with the courage to
question their actions," said Cabou. "We're glad the court saw through this and
acquitted Mr. Pochoda of the charge against him. This is a case that never
should have been started."
"Dan was trying to leave the property when he was ordered to stop, after
which he was arrested for trespassing," Eckstein added. "The court was quick to
recognize how absurd it was to prosecute someone under these circumstances."
Eckstein also noted that the assignment of a senior prosecutor to handle a
misdemeanor case typically assigned to a lawyer just out of law school "was a
waste of taxpayer resources indicative of the differential, biased, and
politically-motivated treatment that this case has received since its
inception."
