AP
April 23, 2015
An
Arizona sheriff was to resume testifying Thursday, a day after the
normally defiant law officer delivered subdued responses to questions in
court about why he violated
a judge's orders to stop carrying out his signature immigration
patrols.
During
testimony Wednesday, Maricopa County Sheriff Joe Arpaio said that he
accepts responsibility for disobeying the 2011 order, but he repeatedly
added that he delegated
the enforcement of the injunction to his lawyers and staff. He was
asked whether he remember getting an attorney's opinion on carrying the
order's key section.
"Not that I can recall," said Arpaio.
The
sheriff could face fines if he's found in contempt of court for his
acknowledged violations of the injunction and two other orders issued in
a racial-profiling case
that Arpaio eventually lost. Rank-and-file officers who were never told
about the injunction violated the order for about 18 months.
The
sheriff also has accepted responsibility for his agency's failure to
turn over traffic-stop videos in the profiling case and bungling a plan
to gather such recordings
from officers once some videos were discovered.
Arpaio
made the acknowledgments in an unsuccessful bid to get the hearing
called off. The contempt hearing marks the boldest attempt to hold the
sheriff personally responsible
for his actions.
His
voice wasn't booming in court as it often is before TV cameras.
Instead, he was hoarse, looked tired and often answered questions by
saying he didn't recall. Arpaio's
attorney hasn't yet had a chance to question him in court.
The
sheriff, whose testimony is scheduled to resume Thursday, was
questioned about a former supervisor on his smuggling squad who said
Arpaio ordered him to violate the
2010 order.
A
day earlier, Sgt. Brett Palmer had described a tense encounter with
Arpaio about a month after the 2011 order was issued in which federal
immigration authorities refused
to accept immigrants who hadn't committed a violation of state law.
Palmer said he planned to bring the immigrants to another federal
immigration agency, but he was ordered to first call Arpaio, who ordered
him not to release them. Palmer said the sheriff
eventually backed down.
"That's his version," Arpaio said, adding that "I don't give orders to sergeants."
Another
officer testified that Arpaio wanted the immigrants held so the news
media could film them as they were being brought out of the building.
Stan
Young, one of the attorneys who pushed the profiling case against
Arpaio, cited a news release Arpaio's issued seven days after the 2011
order in which he said he'd
continue to enforce illegal immigration laws. Young also seized on an
interview with Univision in March 2012 in which Arpaio was asked if he
was still detaining immigrants who are in the country illegally.
"Yes, we are," Arpaio told Univision. "We just arrested 31 or more recently coming into the country illegally."
Under
questioning in court, Arpaio said he still had the authority at the
time to enforce Arizona's immigrant smuggling law and other state
immigration laws.
Earlier
in the day, lawyers played a recording of a deposition in which a
lieutenant suggested the sheriff defied the 2011 order.
Lt.
Brian Jakowinicz recalled an encounter with Arpaio over what to do
about immigrants who were in the custody of the sheriff's office. There
were no state charges to
keep the immigrants locked up, but Arpaio was insistent.
"You call Border Patrol. I am the sheriff. And I want you to call Border Patrol," Jakowinicz quoted Arpaio as saying.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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