Arizona Lawyer Accused of Misconduct for Releasing Video of Police Beating His Client Bloody

[bernorange 8348]

Quote

Bret Royle is an Arizona defense attorney currently representing Jose Luis Conde, a 32-year-old man who was pulled over in a traffic stop and later accused of drug possession. In June, Royle gave the Arizona Republic body camera footage that showed officers in the Mesa Police Department beating his client during a January arrest. Reports say Conde was unarmed at the time. He was repeatedly punched and elbowed while being handcuffed just before officers said they found cocaine in his socks. The footage also captures at least one officer mocking Conde as he lays in a pool of his own blood on the floor of the hospital.

Now, the Maricopa County prosecutor is accusing Royle of misconduct.

Prosecutor Riley Figueroa filed a memo to Maricopa County Superior Court Judge Frank Moskowitz saying that Royle engaged in misconduct when he shared the body camera footage with journalists. She reportedly cited disclosure standards found in Rule 15.4(d) of the Arizona Court Rules of Criminal Procedure and asserted that Royle was only allowed to speak publicly on "information contained in a public record," via ER 3.6. of the Rules of Professional Conduct found in the Arizona state bar.

Arizona Republic reported that it was of legal opinion that Figueroa's claim was not only an intimidation tactic against Royle, but an attempt to "create a double standard between prosecutors and defense lawyers over who can speak publicly about a public record." Additionally, lawyers argued that the video in question was to be fully considered "public record."

... Private attorney Tom Irvine said, "The entire policy of the County Attorney's Office is to chill public access from cases, which is not supported by state law." While speaking on the body camera footage, Irvine also argued that "just because it's an exhibit in a case, it doesn't change the fact that it's a public record."
...

https://reason.com/blog/2018/08/15/az-mesa-pol-beat-body-cam-lawyer

Well that's some bullshit. 

[David Dennison 18652]

To protect and serve.

[Gap03 3277]

What the hell is up with the Mesa PD?  I guess that nothing is going to change as long as they keep getting away with shit, even when there is bodycam video of their insanely brutal behavior (see also Daniel Shavers, Robert Johnson).  I guess the prosecutor is just trying to keep this stuff under wraps as best he can to keep the national media out of his kitchen (given that it doesn't seem to matter within Mesa / Maricopa County). 

I suppose we should thank Sheriff Joe for what seems like it will be an enduring legacy in Maricopa County.

[Dr Fear 1265]

It's not like one of the most pro-defendant SCOTUS cases originated close to there....

https://en.wikipedia.org/wiki/Miranda_v._Arizona#Background