The results of a two-year Justice Department investigation into Phoenix police practices are expected to be released soon.
PHOENIX — As the Department of Justice approaches the release of its extensive investigation into the Phoenix Police Department, the Phoenix City Council has called in officials from the Maricopa County Attorney's Office to explain what's to come.
Deputy Prosecutors Joe Blanco and Tom Liddy attended a meeting of the Public Safety and Judiciary Subcommittee to discuss the consent decree and the possibility of a trial.
Liddy emphasized that the city will have a seat at the table writing the consent ordinance, giving it more room to negotiate. If a consent decree is not obtained, the Phoenix Police Department could be forced to go to trial, which could result in multiple court orders with less flexibility.
City Councilman Jim Waring expressed skepticism about the idea, equating a consent decree with a guilty plea. “It's better to fight through, no matter how long it takes,” he said.
Lawyers pointed out that the Maricopa County Sheriff's Office failed to grant a consent decree and the case went to trial, which has dragged on for the past 13 years and cost the state hundreds of millions of dollars.
RELATED: Timeline: Department of Justice investigation into Phoenix police
The Maricopa County Sheriff's Office has had a court-appointed monitor for the past 10 years.
Mr. Liddy and Mr. Blanco also argue that ambiguity in an agreement could lead to future problems, especially if the actions sought by the Justice Department include vague goals such as “appropriate” or “appropriate” amounts. He stressed that this could lead to further lawsuits and arguments. They said these words do not have standard definitions and are open to interpretation.
Councilors Anne O'Brien and Kevin Robinson agreed that the city should at least see the findings before agreeing in principle to any option.
“Why would you do anything if you don't have all the facts?” Robinson asked.
“I don't understand why any jurisdiction would agree in principle to something that is illegible. They didn't do that when they bought the house,” O'Brien said.
Related: Justice Department rejects request to preview police investigation results for Phoenix leaders
Liddy and Blanco also told the council that court-appointed monitors and even judges could add new content to any agreement, even after years.
“So from your perspective, why on earth would anyone want to accept a consent decree?” City Councilman Jim Waring (3rd District) asked Liddy.
“The difference is that once you have a level of agreement, you can sit down at the table and write it,” Liddy responded.
The investigation has now been ongoing for 30 months and is believed to be wide-ranging in scope. As of November 2023, the Phoenix Police Department said it had provided more than 147,000 documents to the Department of Justice. 20 terabytes of data. Over 22,000 body-worn camera videos. 200 911 calls. 200 hours of riding with a police officer. Includes interviews with over 130 city employees.
In August 2021, the Department of Justice announced a so-called “pattern-or-practice” investigation into the Phoenix Police Department, examining five areas of conduct:
- use of force
- potential for discriminatory policies or practices;
- Potential First Amendment Rights Violation
- Potential violations of the rights or behavioral health concerns of people with disabilities
- Potential violations of the rights of homeless people
The press conference took place around 10 a.m. during a meeting of the Public Safety and Judiciary Subcommittee.
RELATED: Timeline: Department of Justice investigation into Phoenix police
Related: Justice Department rejects request to preview police investigation results for Phoenix leaders
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