In separate filings on behalf of multiple clients, Richard Gaxiola moves to have County Attorney dismissed from prosecution of cases due to alleged conflict of interest and impropriety
Phoenix, AZ (Lexis Nexis) December 28, 2009 -- In motions filed this month with the Superior Court of the State of Arizona, attorneys from the Phoenix-based law firm Alex & Gaxiola moved to disqualify the Maricopa County Attorney's Office (MCAO) from prosecuting multiple clients facing criminal charges in Phoenix.
In the firm's case, State of Arizona v. Robert Eugene Cole (Case No. CR2009-006715-001 DT) and in other cases involving similar issues, highly regarded Phoenix attorney Richard Gaxiola filed defense motions last week to disqualify the MCAO on the grounds that the MCAO's recent pursuit of criminal charges against several active and retired Maricopa County Superior Court judges created a prosecutorial conflict of interest.
Earlier this month, prosecutors working for Maricopa County Attorney Andrew Thomas charged the county's presiding criminal court judge, Gary Donahoe, with three felonies, including bribery. The MCAO has also alleged violations of the RICO Act by current and former county judges they claim are part of a "criminal enterprise." Meanwhile, deputies working for controversial Maricopa County Sheriff Joe Arpaio - a well-known ally of Thomas - visited the homes of several members of the court staff in what the employees perceived as an attempt at intimidation.
"It appears that there is no end to the MCAO's intent on bringing public distrust against our judiciary," said Gaxiola, whose firm handles a wide range of litigation in Arizona. "Clearly, the appropriate procedure is to disqualify the MCAO from any further prosecution and allow the federal complaint and Maricopa County complaint to run their legal course. This would ensure the reinstatement of the public's trust in our judiciary and Arizona criminal justice system."
A flurry of recent legal activity from the defense bar led Arizona Supreme Court Chief Justice Rebecca White Berch to issue Administrative Order 2009-124 on December 23rd, a unique order that appointed retired Arizona Chief Justice Ruth V. McGregor as a Special Master to oversee the administration of all matters arising from the MCAO controversy, including the motions to disqualify that have been filed by Gaxiola and other defense attorneys.
For more information about Alex & Gaxiola, please go to www.alexandgaxiola.com or call 602.971.1775.
Read the full story at http://www.prweb.com/releases/2009/12/prweb3384064.htm.
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