Complaint Review: Maricopa County Attorney's Office - Phoenix Arizona

Below you will find what I have been listening to for months now. It is never going change. It is my hope that someday victims will have a voice and not be judged by a piece of paper. This could happen to you, your friends or your family. Montel Williams had a wonderful program about this very subject. I plan on contacting his show among many other outlets. TV, News, and maybe I might just write a book about the system. Yes the original police report was called in by the woman who was being yelled at by her boyfriend. She lied. Can we prove that, no. We can get doctors reports that state my brothers injuries were due to an assault, not a fall. It is pretty hard to sustain injuries on the back of your head and simultaneously sustain injuries to your face. Anyone knows that. We also have Detective Hickmans report stating this was due to an assault. And in his professional opinion he said there was no doubt in his mind this was an "assault". He is a Detective in the Special Crimes Unit against People and it sounds like you do not value his expertise. As far as "alcohol" being smelled, it is not against the law for an adult to drink as long as they do not break the law. Therefore this is irrelevant. The letter from the room mate was written by me with the room mates permission. It was not like we falsely wrote a letter and signed someone's name to it. The internet is full of information, I found that on Maricopa.gov the house that the "female" lived in was indeed sold two months ago just like the owner said. She had no knowledge of knowing her. How hard was it for this board to substantiate that. I did. I also found out that the "female" is receiving child support and obviously they have her current address if she wants her checks. That again was easy for me to find. It is quite obvious that no one is going to help a true victim here. Thank you for at least looking into the matter and Myspace account thanks you also. Ms. XXXXXXXXX I have contacted the Maricopa County compensation program to inquire about this claim and the circumstances of the denial. My role in administering the victim compensation program at the state level is to ensure that county programs follow Arizona statute and Arizona Administrative Code. On matters of judgment by County Compensation Boards, I do not have the authority to overrule their decisions. After reviewing the Boards action and reasons for making a determination of denial, I did not find that they violated any state statute or administrative program rule. That being said, I can tell you that I have reviewed your letter and asked for an accounting of the facts of the case and that the program provides me an explanation of why the claim was denied. The case was decided by the Board based on whether a crime could be substantiated by the program. According to the police report that was originally filed, officers responded to a 911 call made by a female about a man lying in the street. Officers on the scene stated there was the smell of alcohol on your injured man. He was transported to the hospital but the incident was not classified as a crime because there were no witnesses and the injuries could have been sustained from a fall. Some time later the police department reviewed the incident again because of a packet of information they received from you. Contained in that information was a letter from a roommate to the investigating detective that supported your contention that your brother was assaulted by the boyfriend of a female that was involved in an argument. The letter stated your brother asked if the female was alright and was subsequently attacked by the boyfriend. A second report was subsequently generated that reflected the statements made in the packet of information and law enforcement investigated the incident. The case was later inactivated because there were no witnesses, the victim couldn't initially recall what happened, and there was no identified suspect. The program must determine by the facts provided that a crime occurred and that the victim was not negligent in any way nor participated in intentional unlawful conduct that substantially provoked or caused the injuries. The contention here is with the former. The Board could not place validity in the letter because the roommate, upon an interview with the detective, said he did not write the letter. The information provided by law enforcement states that the woman who called 911 to report a man found lying in the street was the same woman identified as the one who was arguing with her boyfriend. The detective could not substantiate the female's account because she could no longer be located. A person was contacted at the residence listed by the female but the person who answered denied knowing the female or that the female lived there for at least the previous two months, when the residence was purchased. This cause further confusion and suspicion by the Board. All the Board had to determine whether a crime occurred was the photos of the injuries sustained. The Board found this was not adequate. Finally, I inquired whether the Board was made aware of the second police report during the appeal. Tape recorded minutes of the meeting and the written version reflect that the second report was used at the appeal and that Board found no new evidence that substantiated a crime had occurred and that the injuries were not due to something other than criminal conduct. Unless there is new factual information that can be substantiated by the county program, it is unlikely that the Board will overturn their decision to deny the claim because a crime cannot be substantiated. Tony Vidale Victim Services Program Manager Arizona Criminal Justice Commission 1110 W. Washington, Suite 230 Phoenix, AZ 85007 602-364-1155 (Office) 602-364-1175 (FAX) [email protected] www.azcjc.gov

Below you will find what I have been listening to for months now. It is never going change. It is my hope that someday victims will have a voice and not be judged by a piece of paper. This could happen to you, your friends or your family. Montel Williams had a wonderful program about this very subject. I plan on contacting his show among many other outlets. TV, News, and maybe I might just write a book about the system. Yes the original police report was called in by the woman who was being yelled at by her boyfriend. She lied. Can we prove that, no. We can get doctors reports that state my brothers injuries were due to an assault, not a fall. It is pretty hard to sustain injuries on the back of your head and simultaneously sustain injuries to your face. Anyone knows that. We also have Detective Hickmans report stating this was due to an assault. And in his professional opinion he said there was no doubt in his mind this was an "assault". He is a Detective in the Special Crimes Unit against People and it sounds like you do not value his expertise. As far as "alcohol" being smelled, it is not against the law for an adult to drink as long as they do not break the law. Therefore this is irrelevant. The letter from the room mate was written by me with the room mates permission. It was not like we falsely wrote a letter and signed someone's name to it. The internet is full of information, I found that on Maricopa.gov the house that the "female" lived in was indeed sold two months ago just like the owner said. She had no knowledge of knowing her. How hard was it for this board to substantiate that. I did. I also found out that the "female" is receiving child support and obviously they have her current address if she wants her checks. That again was easy for me to find. It is quite obvious that no one is going to help a true victim here. Thank you for at least looking into the matter and Myspace account thanks you also. Ms. XXXXXXXXX I have contacted the Maricopa County compensation program to inquire about this claim and the circumstances of the denial. My role in administering the victim compensation program at the state level is to ensure that county programs follow Arizona statute and Arizona Administrative Code. On matters of judgment by County Compensation Boards, I do not have the authority to overrule their decisions. After reviewing the Boards action and reasons for making a determination of denial, I did not find that they violated any state statute or administrative program rule. That being said, I can tell you that I have reviewed your letter and asked for an accounting of the facts of the case and that the program provides me an explanation of why the claim was denied. The case was decided by the Board based on whether a crime could be substantiated by the program. According to the police report that was originally filed, officers responded to a 911 call made by a female about a man lying in the street. Officers on the scene stated there was the smell of alcohol on your injured man. He was transported to the hospital but the incident was not classified as a crime because there were no witnesses and the injuries could have been sustained from a fall. Some time later the police department reviewed the incident again because of a packet of information they received from you. Contained in that information was a letter from a roommate to the investigating detective that supported your contention that your brother was assaulted by the boyfriend of a female that was involved in an argument. The letter stated your brother asked if the female was alright and was subsequently attacked by the boyfriend. A second report was subsequently generated that reflected the statements made in the packet of information and law enforcement investigated the incident. The case was later inactivated because there were no witnesses, the victim couldn't initially recall what happened, and there was no identified suspect. The program must determine by the facts provided that a crime occurred and that the victim was not negligent in any way nor participated in intentional unlawful conduct that substantially provoked or caused the injuries. The contention here is with the former. The Board could not place validity in the letter because the roommate, upon an interview with the detective, said he did not write the letter. The information provided by law enforcement states that the woman who called 911 to report a man found lying in the street was the same woman identified as the one who was arguing with her boyfriend. The detective could not substantiate the female's account because she could no longer be located. A person was contacted at the residence listed by the female but the person who answered denied knowing the female or that the female lived there for at least the previous two months, when the residence was purchased. This cause further confusion and suspicion by the Board. All the Board had to determine whether a crime occurred was the photos of the injuries sustained. The Board found this was not adequate. Finally, I inquired whether the Board was made aware of the second police report during the appeal. Tape recorded minutes of the meeting and the written version reflect that the second report was used at the appeal and that Board found no new evidence that substantiated a crime had occurred and that the injuries were not due to something other than criminal conduct. Unless there is new factual information that can be substantiated by the county program, it is unlikely that the Board will overturn their decision to deny the claim because a crime cannot be substantiated. Tony Vidale Victim Services Program Manager Arizona Criminal Justice Commission 1110 W. Washington, Suite 230 Phoenix, AZ 85007 602-364-1155 (Office) 602-364-1175 (FAX) [email protected] www.azcjc.gov

Below you will find what I have been listening to for months now. It is never going change. It is my hope that someday victims will have a voice and not be judged by a piece of paper. This could happen to you, your friends or your family. Montel Williams had a wonderful program about this very subject. I plan on contacting his show among many other outlets. TV, News, and maybe I might just write a book about the system. Yes the original police report was called in by the woman who was being yelled at by her boyfriend. She lied. Can we prove that, no. We can get doctors reports that state my brothers injuries were due to an assault, not a fall. It is pretty hard to sustain injuries on the back of your head and simultaneously sustain injuries to your face. Anyone knows that. We also have Detective Hickmans report stating this was due to an assault. And in his professional opinion he said there was no doubt in his mind this was an "assault". He is a Detective in the Special Crimes Unit against People and it sounds like you do not value his expertise. As far as "alcohol" being smelled, it is not against the law for an adult to drink as long as they do not break the law. Therefore this is irrelevant. The letter from the room mate was written by me with the room mates permission. It was not like we falsely wrote a letter and signed someone's name to it. The internet is full of information, I found that on Maricopa.gov the house that the "female" lived in was indeed sold two months ago just like the owner said. She had no knowledge of knowing her. How hard was it for this board to substantiate that. I did. I also found out that the "female" is receiving child support and obviously they have her current address if she wants her checks. That again was easy for me to find. It is quite obvious that no one is going to help a true victim here. Thank you for at least looking into the matter and Myspace account thanks you also. Ms. XXXXXXXXX I have contacted the Maricopa County compensation program to inquire about this claim and the circumstances of the denial. My role in administering the victim compensation program at the state level is to ensure that county programs follow Arizona statute and Arizona Administrative Code. On matters of judgment by County Compensation Boards, I do not have the authority to overrule their decisions. After reviewing the Boards action and reasons for making a determination of denial, I did not find that they violated any state statute or administrative program rule. That being said, I can tell you that I have reviewed your letter and asked for an accounting of the facts of the case and that the program provides me an explanation of why the claim was denied. The case was decided by the Board based on whether a crime could be substantiated by the program. According to the police report that was originally filed, officers responded to a 911 call made by a female about a man lying in the street. Officers on the scene stated there was the smell of alcohol on your injured man. He was transported to the hospital but the incident was not classified as a crime because there were no witnesses and the injuries could have been sustained from a fall. Some time later the police department reviewed the incident again because of a packet of information they received from you. Contained in that information was a letter from a roommate to the investigating detective that supported your contention that your brother was assaulted by the boyfriend of a female that was involved in an argument. The letter stated your brother asked if the female was alright and was subsequently attacked by the boyfriend. A second report was subsequently generated that reflected the statements made in the packet of information and law enforcement investigated the incident. The case was later inactivated because there were no witnesses, the victim couldn't initially recall what happened, and there was no identified suspect. The program must determine by the facts provided that a crime occurred and that the victim was not negligent in any way nor participated in intentional unlawful conduct that substantially provoked or caused the injuries. The contention here is with the former. The Board could not place validity in the letter because the roommate, upon an interview with the detective, said he did not write the letter. The information provided by law enforcement states that the woman who called 911 to report a man found lying in the street was the same woman identified as the one who was arguing with her boyfriend. The detective could not substantiate the female's account because she could no longer be located. A person was contacted at the residence listed by the female but the person who answered denied knowing the female or that the female lived there for at least the previous two months, when the residence was purchased. This cause further confusion and suspicion by the Board. All the Board had to determine whether a crime occurred was the photos of the injuries sustained. The Board found this was not adequate. Finally, I inquired whether the Board was made aware of the second police report during the appeal. Tape recorded minutes of the meeting and the written version reflect that the second report was used at the appeal and that Board found no new evidence that substantiated a crime had occurred and that the injuries were not due to something other than criminal conduct. Unless there is new factual information that can be substantiated by the county program, it is unlikely that the Board will overturn their decision to deny the claim because a crime cannot be substantiated. Tony Vidale Victim Services Program Manager Arizona Criminal Justice Commission 1110 W. Washington, Suite 230 Phoenix, AZ 85007 602-364-1155 (Office) 602-364-1175 (FAX) [email protected] www.azcjc.gov

Below you will find what I have been listening to for months now. It is never going change. It is my hope that someday victims will have a voice and not be judged by a piece of paper. This could happen to you, your friends or your family. Montel Williams had a wonderful program about this very subject. I plan on contacting his show among many other outlets. TV, News, and maybe I might just write a book about the system. Yes the original police report was called in by the woman who was being yelled at by her boyfriend. She lied. Can we prove that, no. We can get doctors reports that state my brothers injuries were due to an assault, not a fall. It is pretty hard to sustain injuries on the back of your head and simultaneously sustain injuries to your face. Anyone knows that. We also have Detective Hickmans report stating this was due to an assault. And in his professional opinion he said there was no doubt in his mind this was an "assault". He is a Detective in the Special Crimes Unit against People and it sounds like you do not value his expertise. As far as "alcohol" being smelled, it is not against the law for an adult to drink as long as they do not break the law. Therefore this is irrelevant. The letter from the room mate was written by me with the room mates permission. It was not like we falsely wrote a letter and signed someone's name to it. The internet is full of information, I found that on Maricopa.gov the house that the "female" lived in was indeed sold two months ago just like the owner said. She had no knowledge of knowing her. How hard was it for this board to substantiate that. I did. I also found out that the "female" is receiving child support and obviously they have her current address if she wants her checks. That again was easy for me to find. It is quite obvious that no one is going to help a true victim here. Thank you for at least looking into the matter and Myspace account thanks you also. Ms. XXXXXXXXX I have contacted the Maricopa County compensation program to inquire about this claim and the circumstances of the denial. My role in administering the victim compensation program at the state level is to ensure that county programs follow Arizona statute and Arizona Administrative Code. On matters of judgment by County Compensation Boards, I do not have the authority to overrule their decisions. After reviewing the Boards action and reasons for making a determination of denial, I did not find that they violated any state statute or administrative program rule. That being said, I can tell you that I have reviewed your letter and asked for an accounting of the facts of the case and that the program provides me an explanation of why the claim was denied. The case was decided by the Board based on whether a crime could be substantiated by the program. According to the police report that was originally filed, officers responded to a 911 call made by a female about a man lying in the street. Officers on the scene stated there was the smell of alcohol on your injured man. He was transported to the hospital but the incident was not classified as a crime because there were no witnesses and the injuries could have been sustained from a fall. Some time later the police department reviewed the incident again because of a packet of information they received from you. Contained in that information was a letter from a roommate to the investigating detective that supported your contention that your brother was assaulted by the boyfriend of a female that was involved in an argument. The letter stated your brother asked if the female was alright and was subsequently attacked by the boyfriend. A second report was subsequently generated that reflected the statements made in the packet of information and law enforcement investigated the incident. The case was later inactivated because there were no witnesses, the victim couldn't initially recall what happened, and there was no identified suspect. The program must determine by the facts provided that a crime occurred and that the victim was not negligent in any way nor participated in intentional unlawful conduct that substantially provoked or caused the injuries. The contention here is with the former. The Board could not place validity in the letter because the roommate, upon an interview with the detective, said he did not write the letter. The information provided by law enforcement states that the woman who called 911 to report a man found lying in the street was the same woman identified as the one who was arguing with her boyfriend. The detective could not substantiate the female's account because she could no longer be located. A person was contacted at the residence listed by the female but the person who answered denied knowing the female or that the female lived there for at least the previous two months, when the residence was purchased. This cause further confusion and suspicion by the Board. All the Board had to determine whether a crime occurred was the photos of the injuries sustained. The Board found this was not adequate. Finally, I inquired whether the Board was made aware of the second police report during the appeal. Tape recorded minutes of the meeting and the written version reflect that the second report was used at the appeal and that Board found no new evidence that substantiated a crime had occurred and that the injuries were not due to something other than criminal conduct. Unless there is new factual information that can be substantiated by the county program, it is unlikely that the Board will overturn their decision to deny the claim because a crime cannot be substantiated. Tony Vidale Victim Services Program Manager Arizona Criminal Justice Commission 1110 W. Washington, Suite 230 Phoenix, AZ 85007 602-364-1155 (Office) 602-364-1175 (FAX) [email protected] www.azcjc.gov