Maricopa County Attorney Is Violating Conflict of Interest Statutes

By | January 26, 2009

by Brian A. Wilkins


FACT: Maricopa County prosecutor Heather Wicht has been on the Rodney Smith (alleged “South Mountain Shooter”) case since the supervening indictment was issued in early August 2008.

FACT: Wicht was also the prosecutor for Rashad McCuin, Isaac Smith, and Leander Louis, the three men who were given plea bargains – BY WICHT – after viciously attacking Rodney Smith back in December of 2007.

FACT: Wicht and Maricopa County Attorney Andrew Thomas are in violation of A.R.S. § 38-503, a class 6 felony.

There has to be a reason, other than obvious adversarial ones, that Maricopa County prosecutor Heather Wicht looks at Mr. Rodney Smith in such a sinister way…and it may be to cover her own negligence. Wicht was the prosecutor assigned to the three thugs who jumped Mr. Smith and broke his jaw, back in 2007. In fact, Rodney Smith said he spoke with Wicht “several times” to aid in prosecution of the three men. Wicht and Maricopa County Attorney Andrew Thomas, who vowed to “aggressively prosecute” Rodney Smith after the July 24 incident, are willing to blatantly violate laws in hopes of rescuing Wicht and possibly saving her career.

Wicht is the prosecutor who somehow justified probation for Isaac Smith and Leander Louis after they plead guilty to beating and severely injuring Rodney Smith as he pumped gas in his car at a Circle K back in December of 2007. McCuin, the third assailant, was sentenced to prison because of other violations. The blatant violation of state statutes by the Maricopa County Attorney’s Office is clear; the reasons for this blatant disregard of the law is also clear and frankly disturbing.

It is still difficult to believe the State of Arizona, lead by Wicht, did not incarcerate two dangerous individuals who viciously attacked an innocent man because they felt like it. I spent 55 Days In Maricopa County Jail with a $54,000 bond; and I didn’t lay a finger on anyone. The difference is the fact the alleged “victim” I had to defend myself against was “white,” therefore what I did to protect myself was a crime. “Blacks” aren’t allowed to protect themselves against “whites,” which is Martin Luther King, Jr.’s dream. Because all parties involved in the Rodney Smith assault are “blacks,” it is more fun for Wicht to set the assailants free to see what might happen next; maybe her own “Boyz In Tha Hood” dramatization. Isaac Smith and Louis were given bonds of $2200 and $1600 respectively. Well, Heather, looks like you got your wish.

Wicht is now in a position where she’s forced to paint Rodney Smith as a vicious criminal; a reckless shooter; since she and Maricopa County could be held civilly liable for damages to Rodney Smith because of her negligent prosecution of Louis and Isaac Smith. The incident on July 24, 2008 at South Mountain Community College would not have happened had Wicht and Andrew Thomas done their jobs like any reasonable person would have. There is an obvious “down-low color-code” in the United States in regards to law enforcement and criminal justice, but this whole case stinks of Confederate minstrel show. Rodney Smith had even been assigned public defender Bart Redi for a short period in August, but Redi had to remove himself from the case because he had once represented McCuin; another clear conflict of interest.

According to Arizona statutes, Wicht will have to resign as a county prosecutor if found guilty of “knowingly” pursuing this case with a clear conflict of interest present. Wicht obviously has a “substantial interest in any decision” Maricopa County makes as far as any potential plea offers or recommendations to the court on the Smith case. Wicht cannot preside over the Rodney Smith case when she is the prosecutor who freed the men Smith had to ultimately defend himself against at South Mountain Community College on July 24, 2008. That’s “Lawyer 101.”

It is apparent nobody from the state of Arizona or Maricopa County has any interest in a fair trial for Rodney Smith, or even listening to what is happening with the case.

Judge Cari Harrison has made it clear she would not have lowered Smith’s bond at the hearing on October 22. And though Smith has complied with all his release conditions to a tee, Maricopa County Pre-Trial Service Officer James Morones still recommended Smith remain on house arrest. But based on accounts from several individuals, Morones is one of those very insecure people who build self-confidence by thinking he can control another human being’s every move. And now Wicht is violating state statutes to ensure she finishes the persecution job on Rodney Smith.

This case could and should be dismissed based on the blatant infractions of the law by Maricopa County prosecutors and the obvious racial overtones. And if it is not, the case should be moved to a different venue, as Maricopa County has shown its blatant lack of concern for innocent until proven guilty individuals. But this is the Confederacy, so I doubt anything will be done to rectify the situation.

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