Top Stories
MySpecialsDirect
Court official told staff to keep citizenship off records
09:07 PM MST on Sunday, April 1, 2007
PHOENIX (AP) -- A Maricopa County court official told staff to stop asking inmates for their immigration status despite a constitutional amendment that denies bail for illegal immigrants accused of serious crimes, according to a newspaper investigation.
Penny Stinson, a Superior Court pretrial services director, made the order Nov. 17, shortly before the amendment took effect.
"Due to recent changes in the legislation and the liberty interest implications, we will no longer be asking defendants any questions regarding their citizenship," Stinson wrote in an e-mail obtained by the East Valley Tribune.
Stinson tagged the e-mail high importance and "EFFECTIVE IMMEDIATELY" and sent it to 19 staff members. The message was copied to Commissioner Sheila Madden, whose job is to set bail for defendants in their first appearances before a judge.
In a second e-mail on March 19, Stinson reminded her staff of the directive and instructed them not to record any immigration information on paperwork.
"Please remember that we do not ask defendants any questions regarding their citizenship," Stinson wrote.
This e-mail was circulated four days after a paperwork error led to the release of an illegal immigrant who is now wanted in a fatal stabbing last week in Mesa.
Police say Ruben Perez Rivera killed his cousin Tuesday night when he found the man with his ex-girlfriend. Under the terms of the law mandated by Prop. 100, Perez should have been in jail at the time of the stabbing while awaiting trial on felony charges of kidnapping and assaulting the ex-girlfriend on March 4.
The court has come under fire in the Perez case and others in which illegal immigrants accused of serious crimes obtained bail and were eventually freed.
Presiding Judge Barbara Rodriguez Mundell said through a spokeswoman that she knew nothing about Stinsons directives. Court spokeswoman J.W. Brown said Mundell was unaware of any legal research done before Stinson sent her e-mails.
"If the directive is not supported by the law, it will be corrected," Brown said. "Shes taking this very seriously."
Rep. Russell Pearce, R-Mesa, helped create Proposition 100, which led to the constitutional amendment. Pearce vowed to do whatever he can to force the courts to follow the law.
"Were not going to roll over on this," he said.
Maricopa County Attorneys Office spokesman Barnett Lotstein said Perez should have been denied bail. Instead, a judge set bail at $10,000 after a grand jury indicted Perez on March 15.
Mundell has called a meeting on Tuesday with Thomas, Arizona Attorney General Terry Goddard, Clerk of the Court Michael Jeanes, Maricopa County Sheriff Joe Arpaio and defense attorneys to discuss how to get information to court commissioners so they can better apply Prop. 100.
More Headline News
Source: Napolitano to become Secretary of Homeland Security
Controversial comic strip artist visits Tucson
Man killed during home invasion
Tucson Police to crack down on violent crime
Old Tucson collecting food for Community Food Bank
Officer facing fraud charges dismissed from force
House with 50,000 lights to aid Food Bank
Forums & Blogs
Fox 11 Sports Force View Forum to read and create posts about the Sidewinders, Wildcats, college sport, football and more!
General Discussion Forum - Discuss anything that interests you with your FOX-11 neighbors in Southern Arizona.
Most E-mailed News
Popular Stories







You must be logged in to contribute. Log in | Register Now!
You are logged in as screenname | Log Out
You are logged in, but do not have a "screen" name. Update Your Profile