Tohono O'odham Roadblock Incident

Update #4 - February 15, 2003:

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This is an update on the unlawful multi-jurisdictional roadblock that took place on Arizona SR86 on December 20, 2002.

I finally received my scanner in the mail and now have a preliminary web page online with links to pertinent information relating to the roadblock incident on December 20, 2003. The website currently contains the following information:

  • The first three email updates. I've added hypertext links in the documents where appropriate.
  • Photos of the area where the roadblock occurred along with a few pictures of enforcement vehicles that normally operate in the area.
  • Scanned in legal documentation & correspondence including an image of the original traffic complaint, the court order dismissing the case, & an images of a recent open records request I sent out.
  • Links to other pertinent web sites.


I have additional commentary, legal analysis, and a 'things to do' section to add in the near future so this site should be evolving on a regular basis.

Now for an update:

In late January, I called the Tohono O'odham Police Department and talked with the records department. Records indicated the arresting officer, Detective Traviolia, had completed his incident report but his permission would be needed before a copy could be released to me. The following morning, I faxed a formal request to the records department for a copy of the report. The next day I was informed that since the case and copies of all the documentation had been forwarded to the Pima County Attorney's Office, I would need to go through them to get copies. I asked for the name of the individual I needed to contact and was given Phillip Perkins phone number, 1-520-387-6112. Mr. Perkins is the prosecuting attorney at the Ajo branch of the Pima County Attorney's Office.
 
I spent a few days trying to reach Mr. Perkins and was finally successful on January 31st. The conversation didn't last long however. I told Mr. Perkins I needed a copy of the incident report generated by Detective Traviolia in the TOPD. Mr. Perkins responded by saying he didn't understand given the fact the judge had dismissed the case. I indicated I knew the judge dismissed the case but I needed a copy of the incident report for my records. Mr. Perkins started to go into an explanation as to why it wasn't necessary for me to have a copy of the report. I interrupted and told him I intended to get a copy. He said he wouldn't supply one to me. Just to clarify, I asked if he was refusing to provide me with a copy. Mr. Perkins responded that yes indeed he was refusing to provide me with a copy and that he would no longer talk to me because a defense lawyer was associated with my case. I indicated to Mr. Perkins that the record I was requesting was a public record and he was a public official as defined within the Arizona Open Records law and consequently he had a legal obligation to provide me with a copy of the documentation regardless of whether or not I was being represented by a lawyer. He just kept reiterating that he wouldn't talk to me anymore.

I ended the phone conversation shortly thereafter. Over the next few days, I did some further research into Arizona's Open Records law located in the Arizona Revised Statutes at 39-121 & 39-122 and verified to my own satisfaction through the statutes and after talking with a lawyer that a police incident report is indeed a public record subject to the open records law. Further, even if this wasn't the case, because I am the subject of the report - I have a legal right to a copy of it.

I generated a formal written open records request and sent copies to Mr. Perkins in Ajo as well as his boss, Barbara LaWall, in Tucson. The letters were sent certified return receipt so I will have a record of the exact day they were delivered. In the letter, I requested copies of the incident report, sited the legal authority, and gave them 10 business days to respond with their intentions. If they still refuse to provide a copy of the report, I have a legal right to special action within Arizona's Superior Court to request that the court force delivery of the documentation along with recovering legal fees associated with the action for willful failure on the part of the PCAO to abide by the requirements of the law.

What I find amazing is the clear double standard these officials operate under. Remember - I was physically assaulted by agents of the State for failure to provide a driver's license when there appears to be no law requiring me to do so given the circumstances. On the flip side, I have a public official blatantly violating State law by refusing to provide me with a copy of a public document. It is indeed a strange world we live in when individuals can be treated like criminals without cause while public officials who have been entrusted with defending the laws of the State blatantly violate them. Remember - these officials are using our hard earned taxed dollars to violate their oaths of office. If you are so inclined, feel free to make your own public records request and/or let them know how you feel about their disregard for the laws they only enforce when it suits their purposes.

I have a correction to make. In my earlier emails, I indicated the roadblock occurred near mile marker 143 in the Tohono O'odham Reservation. This is how it appears in the Arizona Traffic Ticket & Complaint as well. Since that day, I have driven the route on several occasions and determined that the actual stop occurred between mile marker 145 & 146. I've verified this with both co-workers who drove out to the site to retrieve the vehicle I was driving before the arrest. This is potentially significant given the location is very close to the border of the Tohono O'odham Reservation. I took a GPS unit out to the site and recorded the latitude and longitude. I then purchased a map in town with a latitude/longitude overlay for the area. If I believe the map and my GPS readings, the stop actually occurred on Pima County land - not in the Indian reservation. The propagation of errors associated with the GPS readings and the map overlay are not known at this time though.

I would appreciate feedback from anyone familiar with correct procedures to follow for definitively determining the location of the stop and the actual border of the Tohono O'odham Nation along State highway 86. My first guess is that a survey crew licensed and credentialed in the State would have to be hired to determine the exact coordinates of the stop. These results would then need to be cross-referenced with a compact or treaty agreement between the State/feds and the Tohono O'odham laying out the borders of the reservation. Does this sound right?

More to come in the near future. Thanks for your time.

Terry



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