>> Ted: COMING UP NEXT ON ARIZONA HORIZON, WHAT A RECENT RULING MEANS FOR THE BILL OF RIGHTS AND LATER, THE IMPACT OF THE STATE'S VOUCHER EXPANSION ON PUBLIC SCHOOLS.

GOOD EVENING AND WELCOME.

I'M TED SIMONS.

TODAY WAS THE DEADLINE FOR ARIZONA COUNTIES TO REPORT THE RESULTS OF ELECTIONS TO THE SECRETARY OF STATE.

THE BOARDDENIERS SHOWED UP AND SPOKE FOR HOURS AGAINST THE SUPERVISORS WITH ONE SPEAKER ACCUSING THE BOARD OF CAPITOL TREASON WITH SUGGESTS OF VIOLENCE AND THE WRATH OF GOD WOULD FOLLOW IF THE BOARD CERTIFIED THE ELECTION WHICH IT DID BY A UNANIMOUS VOTE.

BOUND IN COCHISE COUNTY, THEY NEEDED THE ACCREDITATION OF VOTING MACHINES AND THEY DELAYED CERTIFICATION AND IT'S NOT THE FIRST TIME THAT THE SECRETARY OF STATE'S OFFICE HAS PROMISED TO FILE A LAWSUIT TO COMPEL THE BOARD TO CERTIFY THE VOTES, WHICH THE BOARD IS REQUIRED TO DO BY RAW AND MARICOPA COUNTY REJECTED A SUBPOENA BY STATE SENATOR KELLY TOWNS END AND SHE DEMANDED AN ANSWER BY 9:30 AND SAID SHE DIDN'T PROVIDE A REASONABLE TIME AND THE SUBPOENA WAS NOT REASONABLY PROVIDED.

SHE SAID THE SUBPOENA WAS LAWFULLY ISSUED AND SHE WILL HOLD A SENATE HEARING IF THAT IS WHAT IT TAKES.

>>> ANOTHER CRYPTOBANKRUPTCY AND THEY FILED FOR CHAPTER 11.

BLOCKFLY FOCUSED ON LOANS IN MINUTES WITHOUT CREDIT CHECKS FOR THOSE LOOKING TO GET INVOLVED IN CRYPTOCURRENCY AND TIED TO THE CRYPTOEXCHANGE WHICH COLLAPSED INCLUDING BLOCKFLY INTO UNCERTAINTY.

>>> THE ARIZONA VICTIM'S BILL OF LIGHTS CREATED A RANGE OF LAWS INTENDED TO ENSURE CRIME VICTIMS ARE TREATED WITH FAIRNESS AND DIGNITY AND FREE FROM ABUSE FROM THE CRIMINAL JUSTICE PROCESS AND INCLUDES NOT ALLOWING DEFENSE ATTORNEYS OR INVESTIGATES FOR A PRETRIAL INTERVIEW WITHOUT A PROSECUTOR.

THE FEDERAL JUDGE BLOCKED THIS STATE FROM ENFORCING THE LAW AND HERE TO HELP THE JUDGE'S DECISION AND WHAT IT MEANS, WE WELCOME ATTORNEY ROBERT MCWHIRTER AND JARED KEENAN.

ROBERT, VICTIM'S BILL OF RIGHTS, WHAT IS THIS?

>> A BROAD RANGE OF STATUTES AND CONSTITUTIONAL PROVISIONS IN THE ARIZONA CONSTITUTION DESIGNED TO GIVE VICTIMS MORE OF A VOICE IN THE SYSTEM AND MORE RESPECT IN THE SYSTEM.

AND I DON'T THINK ANYBODY REALLY OBJECTED THAT GOAL TO DO THAT.

HOWEVER, AS A PART OF THAT, THEY CREATED A SERIES OF RESTRICTIONS ON THE RIGHT OF THE DEFENDANT TO PREPARE THE DEFENDANT'S CASE FOR TRIAL.

ONE OF THOSE WAS A RESTRICTION ON EITHER THE DEFENSE INVESTIGATOR FROM CONTACTING SOMEBODY THAT THE PROSECUTOR HAS DESIGNATED TO BE A VICTIM.

AND THE PROBLEM IS, SOMETIMES THAT'S THE ONLY PERSON WHO IS THE WITNESS OTHER THAN THE DEFENDANT AND IT IMPINGES ON A PERSON'S RIGHT TO PREPARE FOR TRIAL IN VIOLATION OF THE FIFTH AMENDMENT, SIXTH AMENDMENT AND THEY SAY YOU HAVE A RIGHT TO TALK TO ANYONE.

>> Ted: JARED, THE IDEA YOU HAVE TO GO THROUGH THE PROSECUTOR IF YOU'RE A DEFENSE ATTORNEY TO TALK TO THE VICTIM.

IS THAT CORRECT?

>> THAT'S WHAT THE LAW REQUIRED UNTIL IT WAS STRUCK DOWN.

>> Ted: WHY WAS IT STRUCK DOWN?

BECAUSE.

>>> BECAUSE IT RIGHT VIOLATED FIRST AMENDMENT RIGHTS LIKE INVESTIGATORS WHO HAVE THE RIGHT, AS BOB SAID, TO GO OUT AND SPEAK TO WHOMEVER THEY WANT.

IF THEY APPROACH A CRIME VICTIM AND SAID, WOULD YOU LIKE TO TALK TO ME AND NO, I PREFER NOT TO, THAT ENDS THE CONVERSATION.

BUT THEY CERTAINLY HAVE A RIGHT TO INITIATE AT LEAST TO TRY TO INITIATE THE CONVERSATION TO BUILD A RAPPORT AND GAIN INFORMATION FROM THE CRIME VICTIM.

>> Ted: GOING THROUGH A PROSECUTOR FIRST, WHY WAS THAT INSTALLED AND WAS THAT A PART OF THE ARGUMENT, A CHIEF A PART OF THE ARGUMENT OR WAS THE FIRST ARGUMENT TOPS IN.

>> THE?

>> THE 50-PAGE RULING FROM FEDERAL JUDGE LOGAN DOES A GOOD JOB EXPLAINING HOW UNNECESSARY THIS LAW WAS AND HOW THE LAW SKEWED THE TRUTH-SEEKING FUNCTION OF THE LEGAL SYSTEM.

IT FORCED THE CRIMINAL DEFENSE ATTORNEYS TO SPEAK THROUGH THEIR LITIGATION ADVERSARY, THE PROSECUTOR AND WOULDN'T ALLOW THE CRIMINAL DEFENSE ATTORNEYS TO SPEAK THE WHAT THEY WANT TO AND INITIATE CONTACT WITH THE VICTIMS.

NOT ONLY DID IT VIOLATE THE FIRST AMENDMENT, BUT THE OPINION REALLY GETS INTO THIS TROUBLING SORT OF SKEWING OF ONE SIDE OVER THE OTHER.

>> Ted: PROPERLY FAVORING PROSECUTORS WOULD BE A FACTOR, WOULD IT NOT?

>> THE VICTIM'S RIGHT'S ADVOCATES WERE PUT INSIDE OF A PROSECUTOR OFFICES AS OPPOSED TO BEING INDEPENDENT.

A VICTIM AND A PROSECUTOR DON'T NECESSARILY HAVE THE SAME INTERESTS AND WHAT IT HAS DONE IS SUBASSUMED THE VICTIM'S INTERESTS INTO THE PROSECUTOR'S INTEREST AT THE EXPENSE OF THE CRIMINAL DEFENDANT IN THE CASE.

MANY TIMES VICTIMS DON'T WANT PROSECUTION.

MANY TIMES VICTIMS DON'T WANT DEATH PENALTY AND THEY'RE PUT AI'D AND NOT HEARDPUTASIDE.

IT'S JUST ANOTHER INDEPENDENT VOICE.

>> Ted: THE JUDGE CALLING THIS UNNECESSARY.

IS THERE ANY EVIDENCE THIS WAS A PROBLEM AND THEY WERE HARASSING AND MAKING LIVES ADULT DIFFICULT FOR VICTIMS?

>> NONE WHATSOEVER.

THERE WERE NO REAL HEARINGS AND IT WAS A DIRECT SHIFT OF POWER IN THE CRIMINAL JUSTICE SYSTEM FROM THE DEFENSE TO THE PROSECUTION.

>> Ted: THE OTHER SIDE, WE'LL SAY, THIS IS NEEDED TO PROTECT FAMILIES AND NEEDED TO PROTECT VICTIMS AND THERE'S A REASON THAT IT'S THERE.

HOW DO YOU RESPOND?

AGAIN, ONE THING THAT WAS CLEAR FROM THE TESTIMONY AT TRIAL AND YOU CAN SEE IT IN THE RULING IS THAT VICTIMS CERTAINLY CAN BE RETRAUMATRAUMATIZED BY THE SYSTEM, WHETHER A PROSECUTOR, A CRIMINAL DEFENSE ATTORNEY, A JUDGE, A BAILIFF, A COURT CLERK.

ANY SORT OF INTERACTION WITH THE SYSTEM CAN BE RETRAUMATIZING.

BUT THERE'S NOTHING -- THE GOVERNMENT HAS NO EVIDENCE TO SUGGEST THAT INTERACTING WITH A CRIMINAL DEFENSE ATTORNEY WAS ANY MORE TRAUMATIC THAN WITH A PROSECUTOR AND AGAIN, THERE ARE VICTIMS WHO DON'T SEE EYE TO EYE WITH THE PROSECUTION.

WHAT THEY WERE DOING WAS SENDING FORMER LETTERS THAT SAID IF YOU DON'T WANT TO SPEAK -- IF YOU WANT TO SPEAK WITH A CRIMINAL DEFENSE ATTORNEY, WAIVE ALL OF YOUR RIGHTS UNDER THE BILL OF RIGHTS.

THAT'S NOT TRUE.

YOU CAN CHOOSE TO SPEAK TO A VICTIM WHOMEVER YOU WANT AND KEEP YOUR DIGNITY.

>> Ted: IS THERE A CLEAR LINE OF DELINEATION OF GOING TOO FAR?

>> NO.

IT'S ALL VERY SUBJECTIVE AND OFTEN SUBJECTIVE IN THE MIND OF WHOEVER IS THE VICTIM.

LET NOT FORGET SOMETHING ELSE.

THESE PEOPLE ARE DESIGNATED VICTIMS.

IF YOU HAVE TWO PEOPLE WHO ARE IN A BAR FIGHT, THERE'S A VICTIM AND THERE'S A DEFENDANT.

HOW DO YOU KNOW YOU HAVE THE RIGHT ONE?

THAT'S THE PROBLEM.

>> Ted: I GOT THAT.

OTHER ASPECTS OF THE BILL OF RIGHTS AND THIS WAS SOUGHT AFTER AND BLOCKED.

ARE THERE OTHER ASPECTS TO BE CHALLENGED?

>> NOT UNDER THE GROUNDS THAT WAS BROUGHT UP IN THIS.

>> Ted: RIGHT.

>> TALKING FIRST AMENDMENT AND FIFTH AND SIXTH AND RIGHTS DO NOT IMPINGE.

>> Ted: SAME QUESTION TO YOU.

I UNDERSTAND THERE CAN BE VAGUE SITUATIONS AND YOU DON'T KNOW WHO THE VICTIM MIGHT BE.

BUT CAN A DEFENSE ATTORNEY CAN GO TOO FAR?

AND IF A DEFENSE ATTORNEY CAUSES SOME UPSET WITH A VICTIM IN A CASE, WHAT HAPPENS?

CAN ANYTHING -- ARE THERE LAWS TO PROTECT VICTIMS THERE?

>> CERTAINLY, YES, AND EXPLAINING WHY THIS LAW WAS UNNECESSARY WAS TO POINT OUT ALL OF THESE OTHER ETHICAL RULES AND CRIMINAL LAWS, FRANKLY, THAT COULD COME INTO PLAY.

IF A CRIMINAL DEFENSE ATTORNEY WERE TO BE HOSTILE AND HARASSING TO A VICTIM, THEY COULD BE CHARGED WITH HARASSMENT.

THERE ARE ETHICAL DUTIES THAT CRIMINAL DEFENSE ATTORNEYS AND OTHER ATTORNEYS HAVE NOT TO BADGER WITNESSES.

THESE OTHER RULES ARE STILL IN EFFECT.

WHAT THIS DID WAS STRIKE DOWN ONE SPECIFIC LAW THAT REQUIRED DEFENSE ATTORNEYS TO NOT ONLY SPEAK, YOU KNOW, THE GOVERNMENT'S WAY OF SPEAKING TO VICTIMS, BUT TO GO THROUGH THE GOVERNMENT TO BE ABLE TO INITIATE THAT CONTACT.

>> Ted: IS THAT GOING TO BE APPEALED.

>> TO IIF I CAN PIGGY BACK.

>> Ted: PLEASE.

>> IF YOU TREAT A VICTIM LIKE THAT, HOW DO YOU THINK THE JURY WILL TREAT YOU, ULTIMATELY.

ULTIMATELY, IF YOU BEHAVE BADLY, THEY DON'T LIKE THAT.

THEY DON'T LIKE DEFENDANTS TO THAT OR CRIMINAL DEFENSE ATTORNEYS.

>> Ted: LET'S GET BACK TO THE CRIMINAL APPEAL.

WHAT'S THE PROCESS THAT?

FOR THIS BLOCK.

>> THEY HAVE TO APPEAL TO THE NINTH CIRCUIT, JUDGE LOGAN'S RULING, AND THAT WILL TAKE TIME AND SOMEBODY CAN FILE THE CERTIORI AND THERE WERE PRIOR THINGS AND ISSUES RELATED TO WHETHER THIS CASE WAS RIGHT, ET CETERA.

>> Ted: IS THIS SOMETHING TO BE REWORKED OR A NEW LAW TO GET TO THE CRUX HERE OR IS THIS BAD LAW?

>> SIMPLY BAD LAW.

>> Ted: THE FIRST AMENDMENT IS THE FIRST AMENDMENT FOR EVERYBODY AND NOT DIFFERENT FOR CRIMINAL DEFENSE ATTORNEYS.

IT APPLYING TO EVERYONE EQUALLY AND THAT IS WHAT JUDGE LOGAN'S LAW SAYS.

I DON'T SEE ANY WAY OF FIXING THIS LAW.

>> Ted: JARED KEENAN AND ROBERT MCWHIRTER, GOOD TO SEE YOU.

A PROJECT FOR GIVING TUESDAY.

TOMORROW IS GIVING TUESDAY, A GLOBAL GENEROSITY MOVEMENT THAT ENCOURAGES FOLKS TO GIVE, COLLABORATE AND DO GOOD THINGS.

IN PHOENIX, THE GLADDERY RESTAURANT TEAMED UP WITH NONPROFITS THAT DEVELOP WHAT THEY CALL AN ICE BALL INITIATIVE AND TO TELL US MORE IS ANDREW FRITZ, A DIONNE WASHINGTON FROM PROJECT ROOTS AND THANK YOU BOTH FOR JOINING US.

GIVING TUESDAY, WHAT IS THIS IS ABOUT?

>> TO PICK A LOCAL 501C3 TO DONATE FUNDS TO OR TIME.

>> Ted: DONATE YOURSELF AND MONEY AND TO DO SOMETHING, HUH?

>> DO SOMETHING GOOD FOR THE COMMUNITY.

>> Ted: OBVIOUSLY, THAT WILL HELP THINGS LIKE PROJECT ROOTS.

>> ABSOLUTELY.

WE GROW FOOD FOR THE COMMUNITY AND GIVE IT AWAY TO THOSE WHO NEED IT.

WE'RE IN THE HEART OF A FOOD DESERT AND A LOT OF FAMILIES THAT APPRECIATE OUR SERVICES.

>> Ted: I WOULD IMAGINE THAT LINE OF THINKING IS WHY GLADLY GOT INVOLVED AND HOW DID YOU GET REVOLVED?

>> OUR TEAM DECIDED TO DONATE TO PROJECT ROOTS AND SO IT WAS A COLLABORATIVE FOR THE SPECIFIC NON-EFFORT AND WE THOUGHT IT WAS IMPORTANT.

>> Ted: YOU HAVE AN ICEBALL INITIATIVE AND WHAT THE HECK IS THAT?

>> TABLESIDE AND WE FORM ICEBALLS AND TAKE A THREE INCH CRYSTAL CLEAR CUBE IN A METAL MOLD AND TAKES 45 SECONDS TABLESIDE, REALLY FUN AND YOU HAVE THIS CRYSTAL CLEAR SPHERE THAT YOU DROP INTO YOUR GLASS AND DRINK WHISKEY OR A COCKTAILS AND THEN ICE IS BEAUTIFUL AND FUN TO LOOK AT.

>> Ted: GORGEOUS!

>> DOESN'T MELT AS FAST AS REGULAR ICE.

YOU HAVE A STRONGER, COLDER DRINK.

>> Ted: IS THIS SOMETHING -- IS THERE A SPECIAL MACHINE FOR THIS?

HOW DOES THIS WORK?

>> WE USE A MOLD AND IT'S ABOUT THIS BIG AND SHOULD HAVE BROUGHT ONE WITH US.

IT'S AS SIMPLE AS THAT AND USES PHYSICS TO MELT ICE AND TWO PIECES THAT COME TOGETHER AND COMPRESS THE ICE.

>> Ted: IF THEY GO AND GET THIS, WHAT HAPPENS?

>> WE RUN THIS YEAR ROUND AND WE PICK DIFFERENT LOCAL NONPROFITS AND EVERY ICEBALL PURCHASED, THE GLADLY WILL DONATE $1 TO THE NONPROFIT.

THIS YEAR, WE'VE RAISED UPWARD OF $1500 AND TOMORROW FOR GIVING TUESDAY, WE'LL 5X OUR DONATION.

>> WE ARE QUITE GRATEFUL.

>> Ted: AGAIN, YOU GOT STARTED THERE AND FOOD DESERTS AND GROWING YOUR OWN FOOD AND THIS ALL COMBINES WITH THE PROGRAM, I'M SURE.

>> WITH THE COST OF EVERYTHING IN THE GROCERY STORES, WE'RE TRYING TO EDUCATE OUR COMMUNITY ON GROWING THEIR OWN FOOD BUT FOR THOSE THAT DON'T HAVE A GREEN THUMB, WE PICK THAT STRAIGHT FROM OUR GARDENS.

>> Ted: THEY'RE LOCATED WHERE?

>> 9th AVENUE AND VINEYARD, ONE BLOCK SOUTH AND IN THE HEART OF A BEAUTIFUL NEIGHBORHOOD.

IF YOU MR. BLINK, YOU MISS US AND YOU HAVE TO DRIVE RIGHT BY TO SEE US THERE.

>> Ted: PEOPLE, CAN THEY RESERVE A SPOT?

>> IF YOU'RE COMING TO PICK PRODUCE, THE BEST DAYS ARE THURSDAYS AND SATURDAYS.

IF YOU WANT TO GROW WITH US, YOU CAN.

A SMALL FEE FOR $100 AND WE TEACH YOU HOW TO GROW YOUR OWN FOOD.

>> Ted: HOW DID THIS GET STARTED?

>> I HAVE A WONDERFUL COFOUNDER, BRIDGET PETUS.

SHE PLAYED FOR THE BRITISH MERCURY AND SCORED FOR THE FIRST .

WE WANTED THIS INITIATIVE TO BE, NO MATTER HOW MUCH MONEY YOU MAKE, YOU CAN HAVE HEALTHY FOOD.

>> Ted: IF I WANT TO GET REVOLVED AND I WANT TO GROW IS, YOU WANT HEALTHY FOOD.

>> NO MARIJUANA, WE ALWAYS SAY THAT.

[ Laughter ] >> BUT ANY FOOD IS WELCOME.

EVEN EDIBLE FLOWERS.

>> Ted: WHAT ABOUT THAT STORY, THIS IS WHERE WE NEED TO GO?

>> SOMEONE WHO IS DOING SOMETHING IN THE FOOD COMMUNITY WITH A RESTAURANT, IT'S A GREAT SYNERGY.

>> THIS IS A COMMUNITY PROJECT AND IT'S NOT A BIG FARM OR ANYTHING LIKE THAT, BUT THE LOCAL FARMING, THE LOCAL PRODUCE, GETTING FOOD TO TABLE, THIS KIND OF THING, AND STILL GROWING IN ARIZONA.

>> WE TALKED TO FARMERS AND SEEN A LOT OF LOCAL CHEFS, USING LOCAL FARMS AND IT'S INCREDIBLY IMPORTANT AND SUPPORTING THE COMMUNITY MEANS EVERYTHING.

IF THE LAST TWO OR THREE YEARS TAUGHT ME ANYTHING, COMMUNITY MATTERS AND WE WOULDN'T BE HERE IF IT WASN'T FOR THE GOOD WILL AND THE PARTNERSHIPS WE HAVE WITHIN THE COMMUNITY.

>> Ted: HOW ARE YOU DOING DOWN THERE?

>> BETTER NOW AND IT DIDN'T HAPPEN ALL ON US.

IT TOOK GOVERNMENT.

IT TOOK ORGANIZATIONS AND IT TOOK LOCAL COMMUNITIES AND THE GOOD WILL OF PATRONS TO SUPPORT US THROUGH EVERYTHING.

>> Ted: DID YOU LEARN THINGS THROUGHOUT THIS?

>> I DIDN'T HAVE ENOUGH TIME.

>> Ted: LEARN THINGS CAN TAKE SPOT FUTURE ONCE THINGS NORMALIZE.

>> INTELLECTUAL.

ABSOLUTELY.

WE CREATED A GREAT CULTURE WHERE PEOPLE WANT TO COME AND WORK AND TAKE PRIDE IF WHAT THEY DO ON A DAILY BASIS.

>> Ted: AS FAR AS PROJECT ROOTS, DID THE PANDEMIC AFFECT YOU?

>> NO.

WHEN EVERYTHING WAS CLOSING DOWN, WE WERE RAMPING PUP WE RAVED $99,000 TO PUT PRODUCE THROUGH THE LOCAL FOOD BANKS AND WE WERE ABLE TO DO THAT WITH LOCAL FARMERS, AS WELL, BECAUSE WE HAVE A SMALL COMMUNITY GARDEN AND AGGREGATE AND DISTRIBUTE OVER 500,000 OF PRODUCE THAT YEAR.

>> Ted: WOW!

FOR YOU, DID THE PANDEMIC TEACH YOU LESSONS THAT YOU CAN TAKE SPOT FUTURE.

>> THE BIGGEST LESSON, IT'S OUR HASHTAG AND SLOGAN IS TO GROW YOUR OWN FOOD.

AND EMPHASIZING OF GROWING YOUR OWN FOOD AND WE NEED TO SHARE THAT MESSAGE.

>> Ted: WHERE?

>> PROJECTROOTS AZ.ORG OR FACEBOOK AND WE'RE ON INSTAGRAM, TWITTER, LINKEDIN, ALL OF THEM.

>> Ted: PROJECT ROOTS AND CAN'T MISS THEM AND GLADLY, WHERE ARE YOU?

>> 22nd AND CAMELBACK.

>> Ted: CONGRATULATIONS AND SOUNDS GREAT AND THANK YOU FOR JOINING US.

THAT'S IT FOR NOW AND THANK YOU SO MUCH FOR JOINING US AND YOU HAVE A GREAT EVENING.

COMING UP ON CRONKITE NEWS, A GROUP OF ROAD AUDIO RODEO PARTICIPANTS WORK TO TAKE BACK THE RODEO CIRCUIT.on.

That has been a part of the news and public affairs programming in the Grand Canyon state >> ARIZONA HORIZON HAS BEEN A PART OF THE PROGRAMMING IN THE GRAND CANYON STATE FOR AS LONG AS I CAN REMEMBER.

WHEN I CAME TO ARIZONA BACK IN 1988 AS A YOUNG JOURNALIST IN LAKE HAVASU CITY, I WAS WATCHING MICHAEL GRANT IN THAT CHAIR AND FOR THE LAST TEN YEARS, IT'S BEEN TED SIMONS AND TED HAS BEEN ASKING THE KIND OF QUESTIONS WE WISH WE COULD ASK, GETTING THE ANSWERS ALL OF US WISH WE COULD ASK.

IT'S POWERFUL NEWS AND PUBLIC AFFAIR'S PROGRAMMING, COVERING IMPORTANT ISSUES LIKE AT THE ARIZONA LEGISLATURE AND NOBODY DOES THAT BETTER.

HERE WE ARE GOING INTO ELECTION SEASON AGAIN AND ARIZONA HORIZON AND ARIZONA PBS, FLAT OUT THE BEST ELECTION YOU CAN GET.

IT'S RIGHT HERE.

SO GIVES US A CALL, TEXT US OR GO ONLINE AND SHOW YOUR SUPPORT FOR ARIZONA HORIZON AND ARIZONA PBS.