Due process is defined as including a meaningful opportunity to be heard...

Kopper Kotton, and Korruption

Why, 140 years after the “Klan Act” was signed into law by President Ulysses S. Grant, Arizona’s Pinal County, may now be leading the nation in the violation of its citizen’s basic Civil Rights.

With the present challenges we currently face due to the failing economy, most of us take solace in the belief that no matter how bad things get, we still live in a country that will protect and uphold our basic rights and freedom. English Philosopher, and inspirer of the Declaration of Independence, John Locke wrote, “Property rights are an extension to the right to life. In order to support yourself through reason and stay alive, you must be able to own and use the product of your labor. If the tools of your survival are subject to random confiscation, then your life is subject to random destruction.”

The cliché that “those who fail to learn the lessons taught by history are doomed to repeat it,” is a grotesque understatement given the recent prejudicial order authorizing the use of “LETHAL FORCE,” issued by suspected White Supremacist Paul Babeu, in his official capacity as Pinal County Sheriff. Justifiably the time is now ripe for the people of Pinal County to learn the real reason why the Pinal County coffers are nearly empty, despite the fact that the Pinal County Assessor continues to collect property taxes based on artificially inflated, “boom time,” property values, and anyone desiring to build a home in Pinal County, must first pay an exorbitant “impact fee” earmarked to provide funding for “law enforcement.”

Background, History and Implementation of the “Klan Act”

Like Hitler and the Nazis, whose brutal and heinous efforts to redeem Germany’s defeat in World War I resulted in the senseless murder of innocent, defenseless Jews; after the Civil War, the Ku Klux Klan also attempted to regain its tyrannical power through terrorist attacks, which came in the form of cowardly night rider lynching’s, ride by shootings, and murders of innocent and defenseless former slaves. In 1866, just three years after Abraham Lincoln signed the legislation which officially made Arizona a Territory of the United States, Congress passed the 1866 Civil Rights act designed to afford equal rights to all Americans, including former slaves. Nonetheless, the Klan continued its unrelenting reign of terror and hate against anyone who challenged its authority, with its most noted perpetrators being the very law enforcement officials whose duty it was to uphold the law.

In 1871, in its most important legislation specifically designed to put an end to the wide spread violations of Civil Rights by law enforcement officials; Congress passed the 1871 “Klan Act” also known as the “Force Act,” which placed severe penalties on state and local law enforcement officials who abuse their authority and/or fail to protect and uphold the rights of citizens, most often their right to “due process” and “equal protection,” as guaranteed by the United States Constitution.

Disturbingly, it was not until 1961, with its ruling on Monroe v Pape, that the United States Supreme Court recognized the full authority and original intent of the 1871 legislation. Supreme court Justice Douglas, in his 1961 review of the 1871 legislation noted: “Mr. Shellabarger, reporting out the bill which became the Ku Klux Act, said of the provision with which we now deal:

“The model for it will be found in the second section of the act of April 9, 1866, known as the `civil rights act.'. . . This section of this bill, on the same state of facts, not only provides a civil remedy for persons whose former condition may have been that of slaves, but also to all people where, under color of State law, they or any of them may be deprived of rights.”

Since the landmark decision brought forth by Monroe v. Pape, American citizens, through the provisions of 42 USC § 1983, which was taken directly from the 1871 legislation, have been able to stand up and fight corrupt and abusive law enforcement officials, including those hailing from Pinal County. Most often, bumbling, arrogant Deputies of the Pinal County Sheriff’s Office, each of them duly sworn to uphold the United States Constitution.

Beginning in 2005, the Federal District Court of Arizona began to examine a series of Civil Rights complaints originating from Pinal County that not only demonstrates the intolerable level of incompetence possessed by the Pinal County Sheriff’s Office, but also the level of indifference that Pinal County’s elected officials have toward the basic individual rights of its citizens.

Marlowe v Pinal County (CV-06-1347-PHX-PGR)

In Marlowe v Pinal County, Pinal County Deputy, Hunter Rankin was dispatched to the Saddle Brook community located in Southern Pinal County, in response to a domestic violence call received by the 9-1-1 operator. Rankin promptly arrived at the wrong address, woke up the elderly residents of the home from a sound sleep, and within 10 seconds of his contact with the elderly owner of the home, handcuffed the innocent man, and placed him in his patrol car. Meanwhile the dispatcher had to dispatch two additional deputies, one to go to the correct address and one to inform Rankin that he was at the wrong address. It is worthy to note that the elderly Marlowe, was not released until nearly 30 minutes after Rankin was informed by the Pinal County Sheriff’s Office dispatcher, that he had arrested the wrong man.

As revealed by the official court documents, Pinal County fervently defended the illegal search and seizure by its deputy, citing the fact that the elderly citizen, when asked by the deputy if he was at 65490 E. Rolling Hills Drive, to which the elderly man replied, "no, you f**king moron, it isn't, this is Canyon Drive, you are on the wrong street, you have got the wrong house and I don't know what you are doing here and why don't you just go away." The federal Judge found it necessary to remind Pinal County that such speech is protected by the Constitution through the First Amendment.

In conclusion, this case never made it to trial, however it is rumored that in 2008, Pinal County paid an estimated 1.6 million dollars to spare itself the embarrassment of having the facts of this case presented to a jury. Of course the taxpayers of Pinal County will never know how much the ignorance of this deputy cost them, because as a matter of policy Pinal County would have required the Plaintiff to sign a non-disclosure agreement to keep this information from ever being made public.

Mohajarin v Pinal County (CV-07-01746-PNX DGC)

Mohajarin v Pinal County, documents the fact that in 2006, a husband was arrested by Pinal County Sheriff’s Office Detective, William Langan for the alleged sexual assault of his wife. In the course of his “investigation,” after arresting and incarcerating the suspect, Langan returned to the residence for the purpose of questioning the wife in conjunction with the criminal charges against her husband. Instead Langan seduced her, and engaged in sexual intercourse with her at her home on at least two separate occasions.

Despite the wife’s desire to have the charges against the father of her unborn child dropped, Pinal County continued its relentless prosecution against her husband while Langan, a married man, continued his pursuit of personal sexual gratification.

It wasn’t until the woman used a hidden tape recorder to capture the detective’s confession of his seduction of her on tape, that Pinal County dropped the charges against her husband. Said confession included the detective’s offer to finance an abortion to terminate her pregnancy.

Having been wrongfully imprisoned for nearly six months, Mr. Mahajarin then properly asserted his rights set forth by the “Klan act,” which once again landed Pinal County in front of a Federal District Court Judge. Here again, the case never made it to trial and it is unclear how much money was paid by the Pinal County taxpayers to settle this case, resulting from the unconstitutional, despicable behavior of yet another Pinal County Sheriff’s Office employee.

Lee v Pinal County (CV-09-02706-PNX-NVW)

On the night of February 6, 2009, Pinal County resident Patti Lee called 9-1-1 in an effort to get assistance from the Pinal County Sheriff’s Office, to prevent traffic from being routed through her property which had already resulted in injury to one of her animals. The traffic, resulting from a serious accident on nearby I-10, had been improperly routed through her property which is located on a dead-end road. In an effort to prevent further damage to her property and injury to her animals, Ms. Lee got into her Jeep and began directing the traffic away from her home. Upon the arrival of two Pinal County Sheriff’s Deputies, Ms. Lee was forcibly removed from her Jeep at gun point, by PCSO Deputy, Heath Rankin, who then forced her face-first into the gravel road, which resulted in her eyeglasses being shattered, which in turn caused her left eye to be cut as she was physically assaulted and handcuffed. Likewise she sustained back injuries resulting from Rankin planting his knee in her back after he forced her to the gravel. PCSO Deputy, Delci Randell, idly stood by as Rankin engaged in an obvious case of police brutality and assault. This matter is still pending in the Federal District Court of Arizona. It is worthy to note that after Ms. Lee had exhausted all financial means to support the Attorney representing her in the Civil Rights case, said Attorney withdrew from her case.

In April of 2010, more than a year after the incident, and after the suspicious withdraw of her attorney; in an apparent attempt to shut her up once and for all, the unscrupulous Office of the Pinal County Attorney indicted Ms. Lee on charges of “assault on a police officer”. Ms. Lee has now obtained new counsel to pursue justice in the Federal Court, and continues to defend her innocence in the unjust criminal case brought against her in the Pinal County Superior Court, by the Pinal County Attorney.

Dixon v Pinal County (CV-10-0325-PHX-DGC)

On December 2, 2009, Pinal County resident, Mark Dixon found himself faced with lethal force at the hands of three armed Pinal County Sheriff’s Detectives, who without the authority of an arrest warrant or search warrant demanded that the Plaintiff surrender his dog. Despite Mr. Dixon presenting Officer in charge, Philip LeBlanc with a valid dog license which provided clear proof of his ownership of the animal, LeBlanc proceeded with the illegal seizure of the Plaintiff’s property, and further threatened the Plaintiff that he would arrest him if there were any “problems”. Several days later, LeBlanc, a former PCSO Internal Affairs Investigator, after a review of the ownership documents provided by the third party to whom he improperly released the Plaintiff’s property; stated in his official report, “… It should be noted that the forms she provided showed the dog as owned by Mark Dixon… .”

After nearly a year of litigation, Pinal County continues to take a beating in Federal Court despite its efforts to withhold a damaging Internal Affairs report dated December 17, 2009, requested by Dixon in January and February of 2010, which was subsequently withheld and secreted by Pinal County until July of 2010.

In the official report performed by Pinal County Sheriff’s Office, Sergeant Wayne Cashman concluded his report stating, “…This matter may have been avoided if Sgt. LeBlanc would have consulted with the County Attorney before removing the dog.” The record held by the United States District Court in this pending case clearly shows that the Pinal County Attorney actively attempted to conceal this and other evidence, proving Pinal County’s guilt and willing deprivation of Mr. Dixon’s Civil Rights.

In Retrospect

The foregoing provides a sad commentary on the state of individual rights in Pinal County. When presented with the incontrovertible facts revealed herein, one civic minded Pinal County citizen asked, “How have we arrived at such a fascist juncture in our history?” This is a valid but difficult question to answer, specifically when Article II, Section 2, of the Arizona Constitution, mirrors the United States Declaration of Independence by stating, “…All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights... .”

In keeping with this ideal, founding father and composer of the Declaration of Independence, Thomas Jefferson warned, “…The price of freedom is eternal vigilance.” Thence it follows that the citizens of Pinal County have no one to blame but themselves, if they continue to fall prey to the unconstitutional actions of the Pinal County Sheriff, or the Office of the Pinal County Attorney. Regardless the taxpayers remain on the hook for the resulting legal expenses.

What is the real motive behind SB-1070?

In the months prior to the recent 2010 midterm election, the citizens of Pinal County and Arizona witnessed its elected leaders passing laws allowing Arizona law enforcement Officers to initiate un-constitutional action against its citizens of Hispanic origin. Not unlike the Nuremberg Laws passed by the German Nazi’s in the 1930’s which brought forth the persecution and systematic murder of Europe’s Jewish Citizens; SB 1070 provides the same mechanism for atrocities to be initiated against United States Citizens, particularly those with Hispanic heritage. As shown in this article, the Pinal County Sheriff’s Office is incapable of adhering to laws protecting individual rights which have existed for over 140 years, much less new laws passed by Arizona’s legislature directed specifically toward citizens of Hispanic Origin.

Proof positive of this is Pinal County Sheriff Paul Babeu’s call to the public to donate to a “legal defense fund,” to provide deputies with a pool of money enabling them to cover legal fees when they violate the Civil Rights of Pinal County Citizens. It is equally disturbing that United States Senator John McCain, after donating $50,000 of his own money to this fund, was successfully re-elected to the United States Senate; and continues to do nothing to secure the border or protect the Civil Rights of Arizona Citizens. Given the fact that Maricopa County Sheriff Joe Arpaio has nearly bankrupted neighboring Maricopa County with his department’s blatant violation of its citizens Civil Rights; one can easily conclude given the overt rhetoric put forth by its Sheriff, combined with the continued ignorance of the law displayed by its County Attorney, Pinal County is destined to soon join Maricopa County into a bottomless financial abyss.

A Paraphrased Warning from History

Martin Niemöller was a German pastor and theologian. Niemöller was an anti-Communist and, for that reason, supported Hitler's rise to power – at first. But when Hitler insisted on the supremacy of the state over religion, Niemöller became the leader of a group of German clergymen opposed to Hitler. Unlike Niemoller, they gave in to the Nazis' threats. Hitler personally detested Niemöller and had him arrested and confined in the concentration camps. Niemöller was released in 1945 by the Allies. His following poem, (paraphrased below) is frequently quoted, and is a popular model for describing the dangers of political apathy, as it often begins with specific and targeted fear and hatred which soon escalates out of control.

THEY CAME FIRST for the Communists,
and I didn’t speak up because I wasn’t a Communist.
THEN THEY CAME for the Jews,
and I didn’t speak up because I wasn’t a Jew.
THEN THEY CAME for the trade unionists,
And I didn’t speak up because I wasn’t a trade unionist.
THEN THEY CAME for the Catholics,
and I didn’t speak up because I was a Protestant.
THEN ARPAIO AND BABEU CAME for the Hispanics,
and I didn’t speak up because I wasn’t Hispanic.
THEN THEY CAME for me,
and by that time no one was left to speak.

Sadly the same economic conditions that gave rise to the Ku Klux Klan, and Hitler’s Nazi Party, are now prevalent in Pinal County, in Arizona, and in the United States of America. History forewarns us of what will result if we continue to devolve into a faceless nation “of the lawyers, by the lawyers, and for the lawyers.” We need only to remember the horrors of the Holocaust to understand the end result if our elected officials are allowed to continue to violate the very rights they have been entrusted to protect and uphold. Their oath of office has now become a grim reminder of how things are supposed to be, and serves only as a shameful memorial to the Americans who gave, and continue to give their lives, so all Americans can enjoy the precious freedom that the Constitution of the United States guarantees to us all.

“Only shared vigilance, fought for, respected, and supported by every individual, can ever evolve into true liberty and justice for all.” ( Unknown Jewish-American WWII Veteran)