AZ Votes
AZ Votes Debate: Maricopa County Attorney | Sept 17, 2024
Season 2024 Episode 33 | 26m 46sVideo has Closed Captions
A debate between candidates for Maricopa County Attorney.
Candidates for Maricopa County Attorney Rachel Mitchell (R) and Tamika Wooten (D) join a special edition of Arizona Horizon to debate important topics.
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AZ Votes is a local public television program presented by Arizona PBS
AZ Votes
AZ Votes Debate: Maricopa County Attorney | Sept 17, 2024
Season 2024 Episode 33 | 26m 46sVideo has Closed Captions
Candidates for Maricopa County Attorney Rachel Mitchell (R) and Tamika Wooten (D) join a special edition of Arizona Horizon to debate important topics.
Problems playing video? | Closed Captioning Feedback
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TED: GOOD EVENING, AND WELCOME TO THIS AZVOTES 2024 SPECIAL EDITION OF "ARIZONA HORIZON."
I'M TED SIMONS.
TONIGHT, WE FEATURE A DEBATE BETWEEN CANDIDATES RUNNING FOR MARICOPA COUNTY ATTORNEY, THE CHIEF PROSECUTOR FOR MARICOPA COUNTY.
THE OFFICE ALSO PROVIDES LEGAL SERVICES FOR THE BOARD OF SUPERVISORS AND COUNTY DEPARTMENTS AND AGENCIES.
CANDIDATE'S IN TONIGHT'S DEBATE WILL BE GIVEN 60 SECONDS TO REPLY TO QUESTIONS AND WILL BE GIVEN TIME TO REBUTTAL.
RACHEL MITCHELL IS SERVING AS MARICOPA COUNTY ATTORNEY AND TAMIKA WOOTEN WHO WORKED AS A DEFENSE ATTORNEY, PROSECUTOR AND MUNICIPAL JUDGE.
WE'LL GET THINGS UNDER WAY WITH OPENING STATEMENTS, AND IN ALPHABETICAL ORDER, WE START WITH RACHEL MITCHELL.
>> HI, I'M RACHEL MITCHELL, THE MARICOPA COUNTY ATTORNEY.
I AM A CAREER FELONY PROSECUTOR, SPENDING 32 YEARS IN THE OFFICE.
THE BULK OF THAT HAS BEEN SPENT PROTECTING WOMEN AND CHILDREN FROM SEX CRIMES, PHYSICAL ABUSE, DOMESTIC VIOLENCE.
WHEN I INHERITED THE OFFICE 2 1/2 YEARS AGO, IT WAS IN A MESS.
THERE WERE BACKLOGS OF CASES THAT HAD NOT BEEN REVIEWED.
THERE WERE RELATIONSHIPS WITH THE POLICE OFFICERS THAT HAD SUFFERED, AND THOSE THINGS NEEDED TO BE CLEANED UP, AND THEY WERE CLEANED UP, AND WE WERE ABLE TO NOT ONLY CLEAN THOSE UP BUT TO MOVE FORWARD.
WE MOVED FORWARD BY GOING AFTER ORGANIZED RETAIL CRIME TO PREVENT IT FROM COMING INTO OUR CITY LIKE IT HAS OTHERS.
WE ATTACKED GUN VIOLENCE AND WE ALSO TACKLED FENTANYL THAT WAS COMING ACROSS OUR BORDER.
THIS IS ONE OF THE LARGEST PROSECUTION OFFICES IN THE COUNTRY, AND IT NEEDS LEADERSHIP AND EXPERIENCE AT THE HELM.
I AM THAT CANDIDATE, THANK YOU.
TED: THANK YOU VERY MUCH.
WE TURN NOW TO TAMIKA WOOTEN.
>> GOOD AFTERNOON, TED, THANK YOU FOR HAVING ME.
MY NAME IS TAMIKA WOOTEN.
I'VE BEEN FORTUNATE TO PRACTICE LAW IN ARIZONA MY ENTIRE 34-YEAR CAREER.
I'VE BEEN A CHIEF PROSECUTOR, DEFENSE ATTORNEY AND A JUDGE.
SO I HAVE THE GLOBAL EXPERIENCE OVER CRIMINAL LAW THAT MY OPPONENT DOES NOT HAVE.
SHE'S BEEN A CAREER PROSECUTOR.
AND SOME PEOPLE MAY ASK, WHY AS A JUDGE WOULD YOU DECIDE TO RUN FOR PROSECUTOR?
BECAUSE I'M TIRED OF WITNESSING INJUSTICE IN OUR COMMUNITIES.
SO WHEN I'M ELECTED AS COUNTY ATTORNEY, I WILL END RECIDIVISM, REVOLVING DOOR RECIDIVISM, BY HAVING PROGRAMS THAT ADDRESS THE UNDERLYING ISSUE.
I WILL ALSO ADDRESS MENTAL ILLNESS AND ADDICTION WITH HEALTH CARE RATHER THAN HANDCUFFS AND I WILL KEEP OUR COMMUNITIES SAFE BY FOCUSING ON VIOLENT CRIMES, VICTIM CRIMES AND REPEATED OFFENSES.
I'M TAMIKA WOOTEN, AND I ASK FOR YOUR VOTE AS MARICOPA COUNTY, THANK YOU.
TED: THANK YOU VERY MUCH.
MS. MITCHELL, WE START WITH YOU, THE BIGGEST ISSUE FACING THE COUNTY ATTORNEY'S OFFICE AS WE SPEAK?
>> I THINK ONE OF THE BIGGEST ISSUES WE FACE AS A CRIMINAL JUSTICE SYSTEM IS THE SHORTAGE OF POLICE OFFICERS, AND THE WAY THAT AFFECTS THE COUNTY ATTORNEY'S OFFICE IS HOW QUICKLY INVESTIGATIONS CAN BE DONE, HOW THOROUGHLY THEY CAN BE DONE.
IT'S INCUMBENT UPON THE COUNTY ATTORNEY'S OFFICE TO SUPPORT LAW ENFORCEMENT.
NOT A BLANKET SUPPORT WHERE PEOPLE WHO ARE NOT HELD RESPONSIBLE, BUT A SUPPORT THAT SHOWS THAT WE ARE GOING TO STAND BY THEM AS PARTNERS, SUPPORT THEIR EFFORTS, UNDERSTAND THEIR JOBS, AND WALK ALONG BESIDE THEM TO MAKE SURE THAT WRONGDOERS ARE HELD ACCOUNTABLE.
TED: BIGGEST ISSUE, MS. WOOTEN FACING THE COUNTY ATTORNEY'S OFFICE?
>> THANK YOU, THE BIGGEST ISSUE IS THE LACK OF TRUST.
WE'VE SEEN THE CURRENT COUNTY ATTORNEY WHERE SHE'S MADE SWEETHEART DEALS TO SOME PEOPLE.
THERE'S BEEN SEVERAL CASES THAT HAVE COME DOWN IN THE LAST FEW DAYS WHERE SHE HAS TURNED DOWN CASES WHERE THEY'RE VICTIM CASES.
BASICALLY SHE'S IGNORING THE HARD WORK THE POLICE OFFICERS ARE DOING, IGNORING VIOLENT CRIMES AND GIVING SWEETHEART DEALS, DOING DIVERSIONS FOR DEALS, AGAIN WE NEED TO BUILD THAT PUBLIC TRUST IN OUR COUNTY ATTORNEY'S OFFICE AND UNDERSTAND THE ROLE OF THE PROSECUTOR'S OFFICE IS NOT ONLY TO GET CONVICTIONS BUT DO JUSTICE AND JUSTICE FOR THE RIGHT REASONS.
>> PLEASE RESPOND.
>> TED, I'M A LITTLE CONFUSED WHEN.
MS. WOOTEN STARTED, SHE SAID SHE WANTS TO GET TO THE ROOT CAUSE OF PROBLEMS AND ADDRESS MENTAL HEALTH ISSUES.
WE'VE ACTUALLY DONE THAT WITH A VERY ROBUST SUBSTANCE PROGRAM TO ADDRESS SUBSTANCE ABUSE, MENTAL HEALTH ISSUES SO THOSE PEOPLE ARE DIVERTED FROM THE CRIMINAL JUSTICE SYSTEM AND NOT SADDLED WITH A PERMANENT FELONY.
WE FOCUS PROSECUTION EFFORTS ON VIOLENT CRIMES, REPEAT OFFENDERS AS WELL AS VICTIM CRIMES.
>> OKAY, THE IDEA, SWEETHEART DEALS, POLITICAL DEALS, HOW DO YOU RESPOND TO THAT?
>> THERE'S ONLY ONE I'VE EVER HEARD MENTIONED AND THAT'S THE CHARLES RYAN CASE.
THE CHARLES RYAN CASE, I DON'T KNOW THE MAN.
THAT WAS A SITUATION WHERE TEMPE PD, WHICH, BY THE WAY HAS ENDORSED ME, WAS CALLED OUT AND THEY SAW THE SITUATION FOR WHAT IT WAS, AN INDIVIDUAL WHO WAS SEVERELY INTOXICATED, WHO ACTUALLY SHOT HIS BATHROOM SINK.
THEY CHOSE NOT TO ARREST HIM THAT NIGHT BECAUSE THEY SAW IT FOR WHAT IT WAS.
WE SAW IT FOR WHAT IT WAS AS WELL AND GAVE HIM AN APPROPRIATE OFFER STAFFED AT THE HIGHEST LEVELS OF THE OFFICE.
TED: SPEAKING OF THE CHARLES RYAN SITUATION, EXTREME INTOXICATION, HE'S GOT TO GO TO AA, APOLOGIZED, THE WHOLE NINE YARDS.
SOME SAY THAT'S NOT ENOUGH FOR WHAT HE DID.
IS THAT WHAT YOU SAY?
>> YES, TED.
THERE ARE SEVERAL PEOPLE WHO, NUMBER ONE, AND THANK YOU TO THE TEMPE POLICE WHO HAD COOLER HEADS PREVAIL, BUT A LOT OF PEOPLE IN THAT SITUATION WOULD NOT HAVE SURVIVED THAT SITUATION.
IF THEY DID, THEY WOULD BE SITTING IN PRISON AS FELONS, NOT ON PROBATION SIMPLY TAKING AA COURSES.
IT'S MY POSITION THAT THE TEMPE POLICE PLEADED WITH MY OPPONENT TO ESTABLISH A HARSHER SENTENCE, SHE CHOSE TO GIVE HIM A CLASS 6 DISORDERLY CONDUCT.
TED: IS THAT THE SITUATION WITH TEMPE PD?
>> THERE WERE VICTIMS THAT SPOKE IN COURT.
I SPOKE WITH THE CURRENT CHIEF OF POLICE FOR TEMPE PD WHO ACKNOWLEDGED THAT THE AGGRAVATED ASSAULT CHARGE WAS NOT THERE AND GOING WITH THE DISORDERLY CHARGE WE WENT WITH.
HE SAID THAT IS THE APPROPRIATE CHARGE.
>> CAN I SAY THE CHIEF OF POLICE IS NOT THE VICTIM IN THAT CASE.
YOU NEED TO TALK TO THE VICTIM, NOT THE CHIEF OF POLICE.
TED: THE IDEA OF PLEA DEALS, BACK TO YOU MS. MITCHELL, PHILOSOPHY ON PLEA DEALS.
>> THE PHILOSOPHY OF THE OFFICE IS TO DO JUSTICE.
WE DO THE APPROPRIATE THING IN EACH AND EVERY CASE.
WE DON'T JUST LOOK AT THE CHARGE, WE LOOK AT THE INDIVIDUAL.
WE LOOK AT THE SITUATION AND CRIMINAL HISTORY AND MAKE AN APPROPRIATE OFFER RELATED TO THAT PERSON.
WE UNDERSTAND THAT WE DON'T PAINT CRIMINALS WITH A BROAD BRUSH.
SOME INDIVIDUALS ARE THERE BECAUSE THEY HAVE A SUBSTANCE ABUSE PROBLEM, AND FOR THAT, WE OFFER DIVERSIONS SO THEY AREN'T SADDLED WITH A FELONY.
FOR OTHERS WHO ARE REPEAT OFFENDERS, VIOLENT OFFENDERS, WE LOOK AT THAT A DIFFERENT WAY.
TED: DOES THAT NOT MAKE SENSE?
>> IT MAKES SENSE.
THE THING IS WHAT IS HER DEFINITION OF HARM.
WE HAVE THE BUCKEYE PRINCIPAL WHO IS IN CHARGE OF JUVENILES AS A PRINCIPAL AND SHE'S DECLINED PROSECUTION FOR LURING TEENAGERS FOR SEXUAL FAVORS.
DECLINED PROSECUTION, NOW SHE'S DECIDED TO FURTHER IT NOW THAT I'M IN THE RACE, BUT SHE'S DECLINED IN THE QUEEN CREEK CASE WHERE THERE WAS CHILD PORNOGRAPHY.
DECLINED IN THE CASE WITH THE GUY WHO SHOT OUR OFFICER.
SO WE'RE NOT LOOKING AT THE TOTAL PICTURE HERE.
TED: IN GENERAL, AS SPECIFIC AS YOU WANT TO GET WITH TIME PERMITTING.
THOSE CASES, EXPLAIN YOUR RESPONSE TO THOSE CASES?
>> THE OFFICER THAT WAS SHOT, THAT CASE WAS JUST INDICTED FOR FIRST-DEGREE MURDER.
I'M NOT UNDERSTANDING THAT ONE.
THE BUCKEYE CASE, THIS IS A SITUATION THAT REALLY REFLECTS MY OPPONENT'S LACK OF EXPERIENCE.
THERE ARE GOING TO HAVE TO BE CALLS THAT SHE MAKES THAT MAY NOT APPEAL TO THE PUBLIC'S EMOTIONS OR SENSE OF JUSTICE, BUT WHERE THE LAW DOES NOT ALLOW CHARGES TO BE FILED.
IN THAT SITUATION, THE BUCKEYE CASE, IT WAS LACKING IN THE INVESTIGATION, AND YOU HAVE TO MAKE THE HARD DECISION TO TURN IT DOWN RATHER THAN GO TO TRIAL ON A CASE THAT CANNOT FIT THE LAW.
TED: DOES IT MAKE SENSE WHEN YOU CAN'T GET A CONVICTION, IT'S UNLIKELY YOU GET A CONVICTION, DO YOU STILL GO AHEAD WITH THE INVESTIGATION AND SOLDIER ON?
>> TED, THE STANDARD OF REVIEW THAT MY OPPONENT KEEPS USING AND PUTTING IN THE PUBLIC IS BEYOND A REASONABLE DOUBT, THAT'S FOR THE JURY TO DECIDE.
IN ORDER FOR A CASE TO BE BROUGHT FORWARD AND PROSECUTED.
HAS TO BE REASONABLE LIKELIHOOD OF CONVICTION.
WITH THE BUCKEYE PRINCIPAL, WE HAVE A GUY HERE WHO IS IN A POSITION OF LEADERSHIP OVER KIDS, AND AGAIN TO ALLOW HIM, HE'S FANTASIZING ABOUT BASICALLY THE PEOPLE HE'S PRINCIPALING, THAT'S UNACCEPTABLE.
AND AS FAR AS THE GUY WHO SHOT OFFICER -- SHOT AND KILLED OFFICER COOLIDGE, THE COUNTY ATTORNEY KNEW HE HAD PRIOR FELONIES FOR AGGRAVATED ASSAULT AND TRYING TO TAKE A GUN FROM AN OFFICER.
THEY HAD HIM IN CUSTODY IN MAY OF 2024 FOR BURGLARY CHARGES AND CHOSE NOT TO PROSECUTE HIM.
IF HE HAD BEEN PROSECUTED OR IN CUSTODY, THIS UNLIKELY SITUATION WOULD NOT HAVE HAPPENED.
TED: PLEASE?
>> THOSE FACTS ARE FALSE.
THAT INDIVIDUAL HAD AN EXTENSIVE CRIMINAL HISTORY, PRIMARILY IN OTHER COUNTIES WITHIN THE STATE AS WELL AS OTHER STATES.
HE WAS BRIEFLY ARRESTED IN MAY OF 2023 FOR A DRUG CASE, AND BEFORE THE CASE GOT TO US, HE HAD BEEN RELEASED BY THE COURTS.
WE FURTHERED IT BACK TO THE POLICE AGENCY ASKING FOR THE FINAL DRUG RESULTS AND HAD NOT GOTTEN THOSE YET FROM THE POLICE AGENCY.
THE POLICE AGENCY ACKNOWLEDGED THIS.
TED: I WANT TO START WITH YOU, YOU REFERRED TO THIS PUBLIC CONFIDENCE IN THE OFFICE HAS TAKEN A HIT OVER THE YEARS.
WHAT HAVE YOU DONE TO REGAIN THAT CONFIDENCE?
>> WHEN I TOOK OVER, ONE OF THE BIG THINGS LOOMING OVER OUR OFFICE WERE THE PROTEST CASES THAT OCCURRED AROUND THE GEORGE FLOYD DEATH, AND ONE OF THE THINGS DIWHILE I WAS STILL IN THE OFFICE AS A LINE ATTORNEY IS I REVIEWED ONE OF THE PROTESTS THAT HAPPENED IN AUGUST OF 2020 AND SOUNDED THE ALARM TO MY SUPERIORS THAT THOSE CASES WERE OVERCHARGED, AND BECAUSE OF THAT, THEY WERE LOOKED AT AGAIN AND THOSE CASES ULTIMATELY WERE DISMISSED BY THE DECISION OF THE PREVIOUS COUNTY ATTORNEY.
WHEN I STARTED THEN AS THE COUNTY ATTORNEY, I LOOKED INTO WHAT THE SITUATION WAS WITH THE ATTORNEY RESPONSIBLE FOR FILING THOSE CHARGES.
WHEN I FOUND OUT SHE WAS ON LEAVE FOR 13 MONTHS, I MADE SURE THE INVESTIGATION WAS SPED ALONG AND I FIRED HER.
WE REFERRED HER TO THE BAR AND I WAS ONE OF THE WITNESSES WHO TESTIFIED AGAINST HER AT HER BAR HEARING AND SHE WAS SUSPENDED FROM THE OFFICE.
TED: THINGS LIKE BACKLOGS, STAFF SHORTAGES, LOW MORALE, ALL THOSE SORTS OF THINGS, MS. MITCHELL SAYS, HAVE ALL IMPROVED.
IS SHE RIGHT?
>> I DISAGREE, TED.
I HAD OPPORTUNITIES TO TALK TO FORMER PROSECUTORS WHO ARE EXCITED ABOUT MY CANDIDACY, AND WOULD HAPPILY COME BACK IF I WAS TO RETURN AS COUNTY ATTORNEY.
I'VE HANDLED CASES AND BEEN A CHIEF PROSECUTOR WHERE BEFORE THE MORALE WAS LOW, AND UNDERSTANDING THAT WE SPEND A MAJORITY OF OUR DAY TOGETHER CREATING THAT CAMARADERIE, GIVING THEM THE TRAINING THEY NEED TO GO FORWARD AND PROSECUTE WITH CONFIDENCE, I'M CONFIDENT THAT WHEN I BECOME COUNTY ATTORNEY, WE WILL INCREASE MORALE AND INCREASE PUBLIC CONFIDENCE IN OUR OFFICE.
TED: ARE YOU SAYING IT HASN'T INCREASED HERETOFORE?
>> I AM, YES.
TED: HOW DO YOU RESPOND TO THAT?
>> I'M NOT TALKING TO FORMER PROSECUTORS LIKE MY OPPONENT, I'M TALKING TO CURRENT PROSECUTORS AND STATISTICS.
WE HAD 800 BACKLOG OF CASES WHICH WERE FELONY DUIs AND THEY WERE ELIMINATED.
WE HAD 10,500 CASES THAT HAD NOT BEEN REVIEWED.
THAT HAS BEEN ELIMINATED.
WE HAD OFFICER-INVOLVED SHOOTINGS THAT WERE NOT INVESTIGATED FOR TWO YEARS.
THAT HAS BEEN ELIMINATED.
PEOPLE ARE COMING BACK TO OUR OFFICE.
JUST TODAY, I GREETED A GROUP OF NEW EMPLOYEES TO OUR OFFICE AND INCLUDED THEM WITH NUMBERS WITH SOMEBODY COMING BACK TO THE OFFICE AND EXCITED TO COME BACK.
TED: MS. WOOTEN, I WANT TO GET TO ABORTION HERE AND YOU WOULD NOT PROSECUTE ABORTION CHARGES HERE.
WHAT IF A PARTICULAR INCIDENT BREAKS STATE LAW.
WOULD YOU STILL NOT PROSECUTE?
>> TED, IT DEPENDS WHAT YOU MEAN BY BREAK STATE LAW.
AS A PROSECUTOR, THE ROLE OF THE PROSECUTOR IS TO DO JUSTICE, WE ALSO HAVE JUDICIAL DISCRETION.
AS A JUDGE, I HAVE THE JUDICIAL DISCRETION.
I'VE HAD TO MAKE THE TOUGH CALLS.
WE TALK ABOUT THE SHORTAGE OF POLICE OFFICERS, SO I BELIEVE WE NEED TO KEEP OUR COMMUNITY SAFE AND FOCUS ON BROADER COMMUNITY SAFETY RATHER THAN POLICING A WOMAN'S WOMB.
TED: BUT THE IDEA IS IF A LAW SAYS 15 WEEKS AND ABORTION, A PHARMACIST, MEDICAL PROVIDER, SOMEONE HAS DONE SOMETHING TO HELP WITH AN ABORTION AT 16 WEEKS, AT 16 1/2 WEEKS, AT 17, THAT BREAKS THE LAW.
WHAT ARE YOU GOING TO DO ABOUT IT?
>> A PROSECUTOR DOES HAVE JUDICIAL DISCRETION.
I WILL FOCUS MY EFFORTS ON KEEPING OUR OVERALL COMMUNITY SAFE RATHER THAN POLICING A WOMAN'S WOMB.
TED: WHAT WOULD YOU DO, MS. MITCHELL?
>> HERE'S THE THING, IN THE TIME THAT'S PASSED SINCE THE DODDS DECISION, THERE HAS NOT BEEN A SINGLE CASE RELATED TO ABORTION SUBMITTED TO ANY COUNTY ATTORNEY OFFICE IN THE STATE.
WE RIGHT NOW HAVE A LAW THAT ALLOWS ABORTIONS UP TO 15 WEEKS, AND THE VOTERS ARE GOING TO DECIDE IN NOVEMBER WHETHER WE HAVE A LAW THAT BASICALLY REMOVES RESTRICTIONS FROM ALL ABORTIONS.
IT'S NOT THE JOB OF THE COUNTY ATTORNEY TO DECIDE WHAT THE LAW SHOULD BE.
IN THIS SITUATION, IT'S THE JOB OF THE VOTERS.
IT'S THE JOB OF THE COUNTY ATTORNEY TO HONOR WHAT THE WILL OF THE VOTERS IS.
SO IF A CASE CAME IN THAT VIOLATED WHATEVER LAW IS CHOSEN BY THE VOTERS, WHAT I WOULD DO IS REVIEW THAT LIKE ANY OTHER CASE.
DECIDING AHEAD OF TIME BEFORE LOOKING AT A CASE, THAT'S NOT PROSECUTORIAL DISCRETION, THAT'S VIOLATING YOUR OATH.
PROSECUTORIAL DISCRETION IS LOOKING AT A CASE AND DETERMINING WHETHER THERE'S EVIDENCE TO MOVE FORWARD AND WHETHER IT'S APPROPRIATE TO MOVE FORWARD.
I UNDERSTAND THIS IS A VERY EMOTIONAL TOPIC AND NEEDS TO BE HANDLED WITH THE UTMOST SENSITIVITY.
TED: OKAY, I WANT YOU TO RESPOND AS FAR AS PROSECUTORIAL DISCRETION, JUST THE IDEA THAT YOU HAVE AN IDEA, YOU HAVE A PLAN, BUT THERE IS THE LAW, AND YOU ARE THE COUNTY'S PROSECUTOR.
>> I AGREE, TED, BUT AGAIN, LET'S TAKE A LOOK AT ADULTERY.
THAT IS ON THE BOOKS AS BEING ILLEGAL AS WELL BUT NOT BEING PROSECUTED.
THERE ARE CERTAIN BOOKS THAT ARE ON THE LAW -- CERTAIN LAWS ON THE BOOKS THAT AREN'T PROSECUTED, AND AGAIN, I WILL USE OUR RESOURCES TO PROSECUTE CASES THAT ARE AFFECTING THE COMMUNITY AS A WHOLE, AGAIN, RATHER THAN PROSECUTING A WOMAN AND HER HEALTH CARE CHOICES.
TED: WOULD YOU PROSECUTE EVEN THOUGH THE GOVERNOR HAS GIVEN THE ATTORNEY GENERAL OVERSIGHT IN THAT PROSECUTION?
>> AT THAT POINT, TED, I DON'T HAVE AUTHORITY TO PROSECUTE.
AT THIS POINT, GOVERNOR HOBBS HAS GIVEN THE AUTHORITY TO AG MAYES.
I DO NOT HAVE THE AUTHORITY TO OVERSTEP THE AG'S OFFICE FOR POLITICAL PURPOSES OR SOUND BITES.
I HAVE TO CONCEDE TO THE ATTORNEY GENERAL.
TED: WHAT WOULD YOU DO?
>> I'VE BEEN ON THE SHOW BEFORE TALKING ABOUT THIS VERY ISSUE, AND THE GOVERNOR OVERSTEPPED HER AUTHORITY, AND IF WE TAKE THE ABORTION ISSUE OUT OF THAT AND LOOK AT JUST WHAT SHE DID, WHAT SHE DID IS TRIED TO TAKE JURISDICTION AWAY FROM A CONSTITUTIONALLY DESIGNATED AND ELECTED OFFICER, AND THAT'S VERY FRIGHTENING WHEN IT COMES TO UPHOLDING THE RULE OF LAW, WHICH IS PART OF MY JOB.
SO THAT EXECUTIVE ORDER THAT SHE ISSUED WAS INAPPROPRIATE, BUT DOESN'T CHANGE MY APPROACH TO HOW THE CASES SHOULD BE HANDLED.
THEY NEED TO BE HANDLED WITH THE UTMOST SENSITIVITY AND NEED TO BE REVIEWED, BUT I'M NOT GOING TO PREJUDGE THEM.
TED: I WANT TO GET THIS CLEAR.
WE KNOW WHAT'S ON THE BALLOT HERE AND VOTERS HAVE A DECISION TO MAKE AND THE DECISION IS COMING UP HERE SHORTLY.
BETWEEN NOW AND THEN, YOU MIGHT BE PRESENTED WITH A CASE OF AN ABORTION THAT OCCURRED AT 16, 17 WEEKS, MAYBE SOMEONE WHO WAS RAPED, MAYBE IT WAS INCEST.
WHAT WOULD YOU DO IN THAT SITUATION?
>> IN THAT SITUATION, AND I MADE THIS VERY CLEAR.
I SPENT 25 YEARS PROSECUTING SEXUAL ASSAULTS, MOLESTATIONS THAT I WOULD NOT PROSECUTE BASED ON THAT SITUATION.
THAT IS NOT IN THE INTEREST OF THE COMMUNITY OR VICTIMS IN THAT SITUATION, BUT I WOULD STILL LOOK AT ANYTHING SUBMITTED TO OUR OFFICE, BUT AGAIN, THERE HASN'T BEEN A SINGLE CASE SUBMITTED TO OUR OFFICE IN THIS WHOLE TIME.
TED: PROSECUTORIAL DISCRETION, THAT SOUNDS LIKE WE HEARD THERE, YOU AGREE?
>> I AGREE.
TED: I GUESS WE'RE GOING TO MOVE ON.
LET'S TALK ABOUT THE FENTANYL EPIDEMIC.
MS. WOOTEN, WE START WITH YOU.
HOW DO YOU ADDRESS THIS?
WHAT DO YOU DO?
WHAT HAS THE COUNTY ATTORNEY'S OFFICE DONE SO FAR?
WHAT WOULD YOU DO DIFFERENTLY TO ADDRESS WHAT SEEMS LIKE AN OUT-OF-CONTROL SITUATION?
>> DEPENDS ON WHAT LEVEL YOU'RE LOOKING AT.
LOOKING AT SOMEONE ADDICTED TO FENTANYL, A LEVEL OF FENTANYL FOR PERSONAL POSSESSION, I WOULD DIVERT THAT AND GET THAT PERSON TREATMENT FOR THE UNDERLYING ADDICTION SO WE DON'T HAVE THE UNDERLYING DOOR OF RECIDIVISM AND REPEAT OFFENDERS.
IF IT'S SOMEONE TRANSPORTING FENTANYL FOR SALE, THEN AT THAT POINT THEY NEED TO BE PROSECUTED AT THE HIGHEST EXTENT OF THE LAW.
TED: MAKE SENSE TO YOU?
>> THAT'S WHAT WE DO IN OUR OFFICE.
WE HAVE THE DIVERSION PROGRAM FOR PEOPLE WHO HAVE SUBSTANCE ABUSE ISSUES SO THEY ARE NOT SADDLED WITH A PERMANENT FELONY, SO THEY CAN GET A DECENT PLACE TO LIVE AND DECENT JOB IF THEY NEED IT.
THEY'RE PROSECUTED IF THEY DON'T.
OUR FOCUS OF OUR DRUG TRAFFICKING BUREAU IS TO GO AFTER THE PEOPLE WHO WOULD BRING THAT POISON INTO OUR COMMUNITY.
TED: WHAT ABOUT OFFENDERS WHO ARE REPEATEDLY CAUGHT?
NOT PEOPLE SELLING OR DISTRIBUTING, JUST THE SAME PEOPLE COMING IN OVER AND OVER AND OVER AGAIN.
AT WHAT POINT DOES SOCIAL ISSUE BECOME A CRIMINAL ISSUE?
>> THAT'S A VERY GOOD POINT.
DIVERSION IS NOT A THIRD, FOURTH, FIFTH CHANCE, IT'S A SECOND CHANCE.
SO SOMEBODY WHO GOES THROUGH THE DIVERSION PROGRAM AND CONTINUES TO ENGAGE IN THAT TYPE OF BEHAVIOR, THOSE PEOPLE UNDER THE LAW ARE TO BE PROSECUTED AND WE WOULD HOLD THEM ACCOUNTABLE.
THAT DOESN'T MEAN WE'LL TREAT THEM THE SAME AS SOMEBODY SMUGGLING IT IN TO OUR COMMUNITY.
TED: DIVERSION IS SECOND CHANCE, AND YOU AGREE WITH THAT?
>> I DO.
TED: YOU AGREE WITH THAT?
>> I DO.
TED: THE TEEN VIOLENCE SITUATION IN THE EAST VALLEY, THE GILBERT GOONS, ET CETERA, HAS THE COUNTY ATTORNEY'S OFFICE HANDLED THAT SITUATION CORRECTLY?
>> I DON'T BELIEVE THEY HANDLED THAT SITUATION CORRECTLY.
TED, AFTER THE ASSAULT HAPPENED AND WHEN PRESTON WAS ULTIMATELY -- PASSED AWAY, THE COUNTY ATTORNEY'S OFFICE KNEW THE PLAYERS INVOLVED IN THAT, AND THEY HAD PLENTY OF PEOPLE COMING FORWARD.
THEY CHOSE TO WAIT ON THAT CASE.
I HAVE SEEN COUNTLESS CASES WHERE A PERSON IS INDICTED AND WHILE IN CUSTODY, ADDITIONAL CHARGES ARE BROUGHT UP.
IF THIS WAS NOT A CASE IN GILBERT WHERE SOME OF THE PEOPLE WERE HIGHER SOCIOECONOMIC STATUS AND PERHAPS THE SOUTH MOUNTAIN GOONS.
I BELIEVE JUSTICE WOULD HAVE BEEN SERVED A LOT SOONER.
THE VICTIMS IN GILBERT WOULD NOT HAVE BEEN VICTIMIZED BY THESE GUYS.
ONCE I CAME INTO THE RACE, THAT'S WHEN THEY WERE INDICTED.
TED: HOW DO YOU RESPOND TO THAT?
>> THAT'S THE DIFFERENCE BETWEEN EXPERIENCED PROSECUTOR AND EXPERIENCED MISDEMEANOR PROSECUTOR.
I GOT THE CASE IN LATE DECEMBER AND EXPLAINED TO THEM WE HAD AN OVER 2,000 PAGE POLICE REPORT.
OVER 600 VIDEOS TO REVIEW.
UNFORTUNATELY NONE OF THE CRIME ITSELF, AND WE CONVENED AN INVESTIGATIVE GRAND JURY, SOMETHING THAT I'M ACCUSTOMED TO DOING, SO WE COULD GET WITNESSES WHO WERE NOT COOPERATING TO COOPERATE, AND IN REALITY, THE POLICE SUBMITTED FOR FIVE INDIVIDUALS TO BE CHARGED, BUT BECAUSE OF OUR EFFORTS WITH THE INVESTIGATIVE GRAND JURY, WE WERE ABLE TO FLESH THAT OUT AND ACTUALLY CHARGE SEVEN PEOPLE WITH PRESTON LORD'S MURDER.
TED: MAKE SENSE TO YOU?
AND AGAIN, I WANT TO GET BACK TO THE SOUTH MOUNTAIN-GILBERT SCENARIO HERE.
DOES IT MAKE SENSE YOU DO THE INVESTIGATIONS, YOU FIND WHO IS RESPONSIBLE AND WORK FROM THERE AS OPPOSED TO JUMPING THE GUN?
>> TED, THEY KNEW WHO WAS RESPONSIBLE.
THE VERY NEXT DAY, THERE WERE PEOPLE REPORTING THAT THE OFFENDERS WERE MISSING FROM SCHOOL BECAUSE THEY HAD BRUISING ON THEIR KNUCKLES.
THEY KNEW WHO WAS INVOLVED.
IT WAS A SITUATION WHERE THEY WERE SLOW PLAYING THIS INVESTIGATION, AND AGAIN, IF THIS SITUATION WOULD HAVE HAPPENED IN A DIFFERENT NEIGHBORHOOD, THE CASE WOULD HAVE GONE FORWARD A LOT QUICKER.
TED: WOULD IT HAVE BEEN DIFFERENT IF IT WERE NOT GILBERT?
OTHER AREAS OF TOWN THAT WERE NOT QUITE SIMILAR TO GILBERT IN TERMS OF DIVERSITY?
>> ABSOLUTELY NOT.
AND, IN FACT, THOSE TYPES OF CASES WHERE JUVENILES ARE HURTING OR KILLING OTHER JUVENILES HAPPEN THROUGHOUT THE COUNTY AND WE PROSECUTE THOSE.
THEY DON'T GET AS MUCH ATTENTION SOMETIMES, BUT ONE THING I WOULD LIKE TO GO BACK ON AND SAY THIS WAS A SUGGESTION WE SHOULD HAVE PROCEEDED WITH THOSE THAT WE KNEW, AND WAITED AND FOUND OUT ABOUT THE OTHERS.
WHAT SHE'S NOT TAKING INTO ACCOUNT, AND THIS IS AN EXPERIENCE ISSUE, THAT ONCE WE START PROSECUTION OF ONE INDIVIDUAL, ALL OF THE DISCOVERY, MEANING ALL OF THE INFORMATION INVESTIGATEIVELY WE KNOW STARTS BEING PUBLIC, AND THAT HAMPERS OUR ABILITY TO GET OTHERS.
>> THAT'S A PROCESS SITUATION.
SHE SAYS YOU ARE NOT FAMILIAR ENOUGH WITH THE PROCESS, GOT A POINT?
>> I DISAGREE, TED.
I'VE PRACTICED LAW, HANDLED FELONY PROSECUTION, THOUSANDS OF CASES OF MISDEMEANOR PROSECUTION AS WELL AS MISDEMEANOR JUDGE AND A PRO TEM JUDGE HANDLING FELONY CASES.
I'M VERY FAMILIAR WITH THE FELONY SYSTEM, FROM THE DEFENSE SIDE, THE JUDICIAL SIDE, AND AGAIN, BEING A PROSECUTOR.
TED: GOT TO STOP YOU THERE.
CANDIDATES, THANK YOU SO MUCH.
TIME FOR CLOSING STATEMENTS AND GOING IN ALPHABETICAL ORDER, WE START WITH RACHEL MITCHELL.
>> AS I SAID FROM THE BEGINNING, WE NEED TO MOVE THIS OFFICE FORWARD.
WE'VE BEEN ABLE TO ADDRESS GUN VIOLENCE AND ADDRESS ORGANIZED RETAIL CRIME, AND I WANT TO CONTINUE ON ADDRESSING THOSE IN THE UPCOMING FOUR YEARS, BUT I ALSO WANT TO CONTINUE TO TACKLE JUVENILE VIOLENCE AND THE FENTANYL THAT IS POURING ACROSS OUR BORDER.
THOSE HAVE TO BE ADDRESSED FOR OUR COMMUNITY TO BE SAFE.
THERE'S A REASON WHY I AM ENDORSED BY ALL OF THE MAJOR LAW ENFORCEMENT AGENCIES OR UNIONS.
TEN OF THEM TO BE SPECIFIC, AND THAT'S BECAUSE THEY KNEW ME AS A PROSECUTOR, AND THEY HAVE SEEN WHAT I CAN DO AS THE COUNTY ATTORNEY.
MY GOAL IS FOR ALL OF US TO BE SAFE IN OUR HOMES, TO BE SAFE IN OUR NEIGHBORHOODS, AND FOR OUR CHILDREN TO BE SAFE IN THEIR SCHOOLS.
AND THAT REQUIRES EXPERIENCE, AND IT REQUIRES LEADERSHIP.
I AM THE CANDIDATE THAT HAS BOTH OF THOSE.
IF YOU WANT TO LEARN MORE ABOUT ME, I WOULD URGE YOU TO GO TO RACHEL MITCHELL.COM AND ASK FOR YOUR VOTE IN THIS UPCOMING ELECTION.
THANK YOU.
TED: THANK YOU, AND NOW THE CLOSING STATEMENT FROM TAMIKA WOOTEN.
>> THANK YOU, TED.
I'M THE ONLY CANDIDATE IN THIS CASE THATS HAT GLOBAL EXPERIENCE OVER THE LAW.
I'VE BEEN A CHIEF PROSECUTOR, DEFENSE ATTORNEY AND A JUDGE.
I'VE MADE THE DIFFICULT DECISIONS.
OUR CURRENT COUNTY ATTORNEY HAS DROPPED A BALL.
I SUGGEST IF YOU ARE TIRED OF HEARING EXCUSES, TIRED OF LACK OF ACCOUNTABILITY AND TRANSPARENCY, AND IF YOU WANT FAIR AND EQUITABLE JUSTICE, I WOULD ASK THAT YOU VOTE FOR ME, TAMIKA WOOTEN, AS MARICOPA COUNTY ATTORNEY, AND TOGETHER WE WILL PROTECT OUR CHILDREN, AND KEEP OUR COMMUNITIES SAFE.
THANK YOU.
TED: THANK YOU.
THANK YOU, BOTH, THANK YOU, CANDIDATES AND THANK YOU FOR WATCHING THE DEBATE.
OUR NEXT "ARIZONA HORIZON" DEBATE IS THURSDAY SEPTEMBER 26 AS WE HEAR FROM THE SIX CANDIDATES RUNNING FOR THREE OPEN SEATS ON THE FIVE-MEMBER ARIZONA CORPORATION COMMISSION, THAT'S SEPTEMBER 26 AT 5:00 AND 10:00 P.M.
RIGHT HERE ON "ARIZONA HORIZON."
AND CAN YOU CATCH ALL OF OUR SHOWS LIVE ON ARIZONA PBS.ORG OR STREAMED LIVE ON YouTube AND FACEBOOK.
THAT'S IT FOR NOW.
I'M TED SIMONS.
THANK YOU FOR JOINING US.
YOU HAVE A GREAT EVENING.
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