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Updated Mar 24, 2014 - 7:07 pm

Judge in Sheriff Arpaio profiling case calls out office for ‘double dealing’

PHOENIX — A federal judge presiding over a racial profiling case against
an Arizona sheriff’s office chided the sheriff and his top aide on Monday for
mischaracterizing his findings, telling them he’s unimpressed by what he called
their apparent “double dealing.”

U.S. District Judge Murray Snow said he was disappointed with the inaccurate
statements that Chief Deputy Jerry Sheridan, the top aide for Maricopa County
Sheriff Joe Arpaio, made about the case during an October training session with
rank-and-file deputies.

This is the latest in a yearslong string of criticisms against the agency led
by the self-proclaimed “America’s Toughest Sheriff,” who’s made waves
nationally by cracking down on illegal immigration and forcing inmates to wear
pink underwear.

Sheridan, standing at a podium dressed in his beige uniform, told the judge he
got the facts wrong and acted with emotion. He says he made the remarks out of
frustration with declining morale among his deputies after Snow concluded last
year that the agency has racially profiled Latinos.

Sheridan’s voice rose in volume when he explained his frustrations, saying they
grew out of the media’s misrepresentation of the judge’s rulings and Arpaio
critics calling the agency racist.

“I heard every word you said loud and clear,” Sheridan told the judge.

Sheridan and Arpaio were called into court Monday to answer questions about the
Oct. 18 training session. In a video of the session, Sheridan appears to suggest
to sheriff’s deputies that they weren’t obliged to make their best efforts to
remedy the agency’s constitutional violations, the judge wrote in a ruling a
week ago.

The video shows Arpaio addressed the deputies after his chief aide, saying
Sheridan’s thoughts echoed his own. “What the chief deputy said is what I’ve
been saying,” Arpaio said.

The judge took issue with a remark that Sheridan made during the training
session in which he complained that his agency was being put under the same kind
of court supervision as the long-troubled New Orleans Police Department and
added, “That tells you how ludicrous this crap is.”

“I am not really impressed with what appears to be double dealing,” Snow told
the aide.

Ten months ago, Snow concluded Arpaio’s office systematically racially profiled
Latinos in its immigration and regular traffic patrols and unreasonably
prolonged the detentions of people during traffic stops. Arpaio has vigorously
denied the racial profiling allegations and appealed the ruling.

The judge required Arpaio’s office to install video cameras in hundreds of the
agency’s patrol vehicles, set up a seven-person team of sheriff’s employees to
help implement the judge’s orders and carry out additional training to ensure
officers aren’t making unconstitutional arrests.

The sheriff sat silently behind his attorneys throughout the hearing while
Sheridan and an attorney spoke for the agency. Arpaio made a brief statement
outside court without answering reporters’ questions.

“This is a court issue,” he said. “Certain items were discussed in the
court, and we’ll see what happens.”

At the hearing, Sheridan and the sheriff’s lead lawyer acknowledged that
Sheridan sent the wrong message by mischaracterizing his rulings, but they said
they wanted to comply with the judge’s orders in good faith.

“I also intend to have my orders respected,” Snow said.

The judge said Sheridan and Arpaio are protected by their right to free speech,
but said it’s another matter to provide bad information when instructing

In response to complaints that the agency is providing inaccurate information
on the case, Snow said lawyers on both sides will summarize the judge’s rulings
and put those statements in a letter that Arpaio and Sheridan will sign and give
to all sheriff’s employees.

Several hours after Monday’s hearing, the sheriff’s office released the video
in question.

In parts of the recording that have not yet been made public, Sheridan tells
deputies they must follow the judge’s requirement that they document the race,
ethnicity and sex of people during traffic tops based on the deputies’

“I’m sorry you have to do this,” Sheridan says. “I wish we didn’t have to
waste our time doing this, but it’s a necessary evil to fix this.”

Later in the video, Arpaio tells the officers that he’ll appeal Snow’s racial
profiling decision to the U.S. Supreme Court.

“There’s only one sheriff elected — one — and you are looking at him,” Arpaio
says. “I am going to fight anyone that tries to take away the authority of the
elected sheriff.”


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