Phoenix appeals damning ruling in wrongful conviction lawsuit
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- Опубликовано: 7 ноя 2023
- An attorney for the City of Phoenix told a panel of federal appellate judges that an officer with a history of dishonesty should be immune from civil liability for failing to disclose his past lies before he testified in court. The argument was made before the U.S. Ninth Circuit Court of Appeals on Monday in the case of Salazar v. City of Phoenix.
More on the lawsuit: www.abc15.com/news/local-news...
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The lying cop is now retired with full pension. Our policing system is broken.
Sh!ts been broken and will remain that way
Way too young to retire
Remember, police are held to a higher standard...
...a standard so high, it doesn't have any consequences.
True that
@@nachobroryan8824 That would be a small piece of justice!
Attorney: "If you allow this case to go forward... there will be THOUSANDS of cases"
Yeah lady... that's the problem. Thousands of police officers committing perjury. You're right. We shouldn't be suing them. We should be putting them in prison where they belong. Then they'd maybe actually think twice before framing people.
As an immigrant I expected alot more from America when I came here. About a year ago I was stopped by a cop while coming back from work. It was Friday night and he thought I was drunk because I stutter. I have stuttered all my life but have never been so humiliated before until that day. Policing in the US has to change.
Oh, it’s certainly not too late to prosecute this officer for perjury. Because he did more than lie. He committed perjury.
“We should be putting them in prison…”
I swear, I find it nearly impossible to keep up with all the changes in language that seemingly cavalcade upon us in current times. So, is “putting in prison” the new, en vogue lingo for the process of applying a noose to someone’s neck and suspending them from a gallows?
I believe she still served 22 months in jail and the attorney for the City of Phoenix is concerned about the implications that will affect other PO. Amazing..simple amazing. They ruined this woman’s life with 22 months in jail for something she didn’t do..
@@BronxBombers_726exactly
Qualified Immunity MUST be Abolished. It’s Purely Unconstitutional.
@@babskaz74 -Absolutely
The Right has openly stated that it's time to get rid of the Constitution and that "Democracy is a disease" so more and more of that 30% of society doesn't recognize "Constitutional Rights" unless it's the 2nd amendment or ONLY THEIR OWN 1ST amendment Rights...all the others they seem to argue against more than support or pretend don't exist at all.
In most of Texas invoking your Right to an attorney before questioning is a near certain arrest for obstruction and maybe even resisting arrest and whatever details thatust be fabricated to make it stick will me and with the courts full knowledge and consent and I imagine AZ is the same
@@norml.hugh-mann - The Original Constitution was corrupted in 1862. What’s your point?
Uhhh, his point is that qualified immunity is an affront to our constitution, what is YOUR point?
@@Auguur❤❤😂😂🎉 You completely owned!👍🏿
🤡: if you allow this lawsuit, you're going to have thousands of cases!!
👨🏽⚖️: How many of your cops are career liars who make false arrests?
It's really terrifying that they are attempting to defend potentially-tainted cases.
Lots of them, union backed
phoenix pd has over 100 cops on the Brady list on duty.
Why was he not charged with a crime the first time he lied? Sickening
Perjury is a serious crime. That the city / county wants their extensive disclosure delays legitimized flies in the face of Brady. End Qualified Immunity now!
They are exempt through protection of the union, the Department and the Judiciary from the laws they gladly apply to us.
Because: "Justice for thee, but not for me..."
They protect them
Because taxpayers pay.
Her best argument is that there is so much corruption that it would reopen too many cases!
They are more concerned about their conviction record than integrity/justice.
"This is not the -flex- defense she thinks it is."
Man you know that cops don't lie that is what some of those cop lovers say
She is afraid she will end up on the public defender's list.
@@IBenZikMore like end up needing one herself.
She spent 2 YEARS, TWENTY FOUR MONTHS IN PRISON BASED SOLELY ON THE WORD OF A PPD OFFICER KNOWN TO BE A LIAR! What terrible consequences could come from the court ruling against PPD? Oh, yeah, maybe justice could finally start getting to be served in Phoenix!
Fascist police state usa
Don't forget a jury convicts people all the time based on not much more than a cops word.
The cop should have been fired for lying, they usually are. The woman wasn’t necessarily innocent, she just didn’t get off on a technicality. The chief should be fired for not firing the officer, the DA’s office should fire the prosecutor.
This lying POS COP 👮♂️ should not only lose his qualified immunity but needs to go to prison for committing perjury. FTP !!!
@@jasonborne5724 I've seen enough trials with video evidence to know cops lie every single chance they think they are able to because they KNOW they won't face consequences for it.
"Police have different skillsets and just don't know how to tell the truth" is one amazing argument there, lawyer lady.
To all cops: You want your respect back? THEN EARN OUR TRUST BACK! It's BS like this that proves why NONE OF YOU DESERVE ANYTHING! Properly educate yourselves! End qualified immunity! Make each officer personally liable! As long as you fear integrity and accountability, you are NOT the good guys!
To be clear, this is not an insult. This is a challenge to all, IF ANY, good cops to help change the whole CORRUPT SYSTEM! PROVE YOURSELVES WORTHY OF THE BADGE AND STOP THE INSANITY!!
Very well said!
Here , HEAR!!!
They don't care
Never trust a cop.
Don't hate the player, hate the game
Police are suppose to uphold the law, not to find ways to break them.
Police are explicitly allowed to break many laws. They are there to make sure you follow the laws they are allowed to break.
For example, in order to pull you over for speeding, they have to also speed. They are allowed to speed. You are not.
@ThereIsNoOtherHandleLikeMine not entirely. Referring to your example, they are only allowed to speed if there is a pursuit. They are not allowed, or shouldn't, to speed just for the hell of it.
@@dahwe12 The law EXPICITLY allows police to break the law. Read the law.
@ThereIsNoOtherHandleLikeMine if that's the case, why are police being convicted when they break laws?
@@dahwe12 Read the law. It explains everything.
I'm not your secretary. Learn to research.
Someone spent 22 months in prison because of that scumbag and the city still had the gall to appeal.
Retired with full pension. I've lost any faith I've had in law enforcement. The city attorney should be ashamed of herself.
She was private lawyer they hired, not the city attorney. They needed someone they could pay enough to represent their uniformed criminals like they are “first responders…heroes…” The city attorney isn’t smart enough or well paid enough to trust with this monster of a case. Plus she looks better on her back….
Government "officials" and "bureaucrats" are some of the most evil people out there.
The long arm of the law, in principle, can catch up even with slick moves. If he gets sanctioned, fine lot of good the pension will do.
disgusting the city would fight this. Accept your failure and wrongdoing and ineptitude and pay up
Why do government employees get immunity when the average citizen is harshly prosecuted to the fullest extent of the law?? Shouldn't cops be held to a much higher standard than the average citizen???
They will wish that they had settled this one rather than letting it go to court. Once they have a case on the books, a whole lot of others can point to the case as precedent. And that will get expensive.
Lady is going to get lots of money from the Phoenix PD.
@@bobmazzi7435 yeah, they're whining in part because they forced it to the court, making it a matter of case law.
@@davidsmith385 she may or may not be a scum, but the principles of the constitution get their most severe test in the situation of the scoundrel, not of the boy scout.
Decades of incompetence and wrongdoing with the Phoenix P.D.. So many lawsuits. AND WE PAY FOR THOSE. How does this continue to happen?
Because it never changes...The first step is revoking qualified immunity; Followed closely by personal liability insurance for PO's...Thirdly, by citizen review panels who investigate police misconduct vs themselves (that never find wrongdoing)...Also, followed by loss of pension benefits when terminated vs allowimg to claim full benefits after breaking the law...
It continues because Phoenix carries liability insurance to pay for all of the egregious civil rights violations the police commit, not the taxpayers. Eventually it is possible, and has happened, that municipalities have lost their liability insurance due to excessive ongoing massive violations and suits being paid out. When this happens the municipality un-incorporates, dissolves, the entire police force is terminated as well as all city services the responsibility for which revert to the county or state and the process begins again. When a civil suit is first heard the magistrate will find that the Constitution is just a piece of paper and does not apply to ____state___, appeal costs thousands, the second judge finds the defendant does not have standing and besides the Constitution is a total joke, the next appeal costs tens of thousands, the next judge finds the offense the most egregious violation of the Constitution in all their years on the bench and hands the municipality their rear on a platter burnt to a crisp. Most people do not have the money to appeal the case to get to a real (not corrupt to the hilt) judge.
There is a national movement underway to end qualified immunity.
Because people are not voting for it to change.
Because neither party has an actual interest in changing it.
Every single citizen should be terrified by the fact that you can spend YEARS in prison *based on nothing but a cop's lies.*
What's worse is that 12 people actually took the word of a cop who presented no evidence whatsoever.
"She had drugs take my word for it bro"
Jury: "Oh sure"
Isn't it depressing?
If he lied. Shouldn’t he be in jail for purgery? If a normal human lied we would be in jail. They should lock him up. And if he planted drugs charge him possession and distribution
he lied under oath. that is indeed a felony crime and you cannot claim protection from it.
Should in a moral and just world, should in a world where we follow our laws.
Unfortunately, you are seeing the system work as intended. Cops are free to be tyrants
Unfortunately the ones that would have to charge him are arguing that it's only a crime when Non-cops do it
If a cop lies they should get away with it , is what she's saying, I wonder if she would think that if it happened to her, what a disgusting person.
She's making the best argument that she can to protect her employer. She might not even agree on a personal level, but she is doing her job.
If ruled properly this is an open and shut case and no qualified immunity exists.
Pretty bold for a liar can take the stand a few months later and have no fear of repercussions. Very scary for the people.
Let me paraphrase that for you lady.
“If we don’t cover this up,
We won’t be able to cover up thousands of cases just like it”
Because having police that aren’t corrupt in the first place,
is just too simple.
What a joke the lawyer is.
So the lawyer argued that if we hold cops responsible when we catch them lying, it will be apocalyptic??? Just how many departments have how many lying cops that suing them for false imprisonment lwould be a disaster???"
The Phoenix PD got busted recently fabricating gang charges so they could charge people protesting police corruption with felonies. Look up April Sponsel. She was the Maricopa county prosecutor that colluded with Phoenix police to fake evidence.
Dave Biscobing & ABC15 covered that too.
This department AND prosecutors' office is full of liars.
All of them.
Yeah, that "the punishment hadn't been decided yet" excuse was bogus. It would be like saying someone convicted of a crime isn't REALLY convicted until AFTER sentencing. Nonsense.
Even if you allowed that, was the case automatically reviewed when the lying was confirmed? It sounds like no. And what about every other case that that cop has testified in?
Well her punishment was decided pretty quickly and she actually served close to 2yrs. Her life was most definitely up ended
@@spartan5529okay, but it sounds like they're looking for an excuse to up-end other peoples' lives along the way.
No one is suppose to be found guilty on the basis of 1 person. What a twisted wicked world we live in.
In some cases, cops do have advanced training that allows them to testify as "expert" witnesses. However, lacking such training, the word of one individual without supporting evidence does not meet the burden of proof. I don't know if this went to a jury trial but if it did, her attorney should have moved for a mistrial. Unfortunately, I have seen judges, DA's, and prosecutors decide the outcome of cases in the local coffee shop.
The Ripple effects if this ruling goes forwards?
What about the ripple effects if a cop lying lying lying lying, sending an innocent person to jail for 2 years and nothing happening to that cop?
There are ripple effects. He was a known liar, and allowed to keep lying and committing perjury. Possibly convincing other people that it was OK to do it.
Sorry, the cities excuse that it’s expensive to pay for our crime doesn’t hold weight in a court of law
@@babskaz74 For at least the 22 months that she served.
Innocent? She's not innocent. She has a lengthy criminal record going all the way back to 1992. Both things can be true: the officer can be less than always 100% truthful, and she can be as guilty as sin.
@@siberianhusky5874
So if you’ve committed a crime in the past, then you’re guilty always. Even if a police officer lies a little bit?
Because that’s how it works. The police officer only needs to lie enough to get you convicted.
You have no idea if she’s guilty or innocent. You’re willing to accept the word of a lie cop.
@@neilkurzman4907 I'm not accepting anybody's word. All I'm saying is he is apparently not the greatest police officer in the world, and she is a hardened criminal. Just because a prior Brady violation was not disclosed at her original trial does not mean she was not guilty of the criminal offense for which she was convicted. This woman is no saint.
How about some common sense. There should be no Brady list, if a cop can't be trusted, they should be fired.
@@keltontucker7879😂😂😂😂❤
Yeah, how often do they get fired and just go to another municipality and be right back at it there. You see how Phoenix is willing to protect them. Too many cities are, and they will let it go on because they want convictions of their citizens. Doesn't matter if they're telling the truth or not. The system is failed!
"If you hold police accountable for perjury, lots of people they perjured to put behind bars will get appeals!"
1 persons word is not evidence for a conviction. EVER
Nice reporting Dave! Keep exposing the corruption that has infested all of our communities.
HE got his training against Kerri Lake.
@@martingindulis5310 Well they do say that crazy cannot be achieved without AZ in it!
The advantage to the rest of us of Phoenix appealing this case is that a 9th Circuit decision upholding the trial court's decision is binding in California, Arizona, Hawaii, Washington, Oregon, and everywhere else within the jurisdiction of the 9th Circuit.
Too bad the 9th circuit is the biggest clown fiesta in the country, and a huge amount of their decisions are overturned by the supreme court, the activist judges there live in some kind of fantasy land.
Unless overturned bu the higher court that has shown they don't put much stock in Peoples Rights unless it's their "Right" to force their evangelical Christian oppression on to others
@@norml.hugh-mann Yeah right.....what a MAROON.
@@norml.hugh-mann We will see if the supreme court honors brady. If they do, they will decline to hear the case after the 9th circuit upholds the finding. Even accusations of dishonesty should be disclosed regardless of the finding.
So a cop like this isn't in jail? Is that what we're being told? 2 years in jail based on a lie is worth millions!
She should be paid millions I agree.
So the taxpayer is not only going to have to pay for the lawsuits but is on the hook for his pension as well.
Welcome to the wonderful world of pig unions. We know our members are corrupt but we will keep them on the force.
Lack of training and ignorance of the law only hurts innocent lives and we the tax payer have to pay the price.
To argue that the process of his IA inquiry wasn’t finished even though it was sustained that he lied and was waiting for a disciplinary action doesn’t exclude you from Brady…
Cops shouldn't have qualified immunity. A license to do whatever they want. I have to carry 1m in professional liability insurance for mybactions, they shuld have to do the same. Become uninsurable? Your out, consequences of your actions.
I can guarantee that half of the people he put in jail are innocent . Same could be said of the da.
In my sophomore year of college, in my introduction to criminal courts class we learned all about Brady v. Maryland and exculpatory evidence/ other cases somewhat related such as Griffin v. California.. The fact that these full blown "professionals" don't understand this is hilarious and so so sad. Or is just blatant misconduct on the prosecution for not giving correct discovery
They are not required to take any criminal justice classes or even have a degree to be police officers.
As part of the rationale for the justification for the evidence provided by this ex-officer, did the DA just say the liar disputes he's a liar?
Perjury in England is more serious than the crime he lies about.
You guys should work with Direct D and some of the other cop watchers that are gathering news in Arizona pertaining to the corruption.
The felon??
@@brianbickle7395 oohh not a felon. Lol scary felons
Arizona isn't the only state where this issue is running rampant.
The officer AND the city attorney are despicable and BOTH should be discharged and not allowed to be in law enforcement or hold a license to practice law.
Good luck with that! Zero accountability is THE problem.
This system needs to be torn out at the roots. (Former) officer Francis Salazar is not a problem. He is a symptom.
No city employee or police should ever have qualified immunity or option two is on the table for all US citizens.
Why is it that a citizens criminal history can be used in court but a police officer’s history is not ?
Jeezus christ wtf is wrong with the Phx police department.
The problem is allowing police to lie in the first place and be dishonest. It continues into court and testimonies. There is no place where a person who is put in the publics trust does not have trust from the public when they have qualified immunity and no consequences from lying or perjury.
That city attorney is disgusting to stand there in front of the judges, and tell them that he has a right to his qualified immunity even though he lied, and that he has no right to disclose his lies is disgusting. If a citizen goes in lies, they can go to jail for it, it’s called perjury. Yet I hear over and over and see videos of officers that deliberately go and lie in court proceedings, and nothing happens to them, yet even though they lie, the citizen gets found guilty and goes to jail in prison. How is that fair? How is that just
The DA system is too reliant on police to help them with their cases. There has to be a different system for adjudicating police officers.
Too much corruption and police protection in the system
She basically said, "If you hold this lying cop responsible now, you will have to hold all lying cops responsible later too. Do you see how that is problematic?"
Shameless city leaders. Arizona is a city known as corrupt politicians and law enforcement. Why arent these criminals held accountable? How do you give this poor grandmother that time back. What did this dirty cop have on them that they looked the other way?
This what happens when law-enforcement investigate themselves!
He should have never been allowed to retire with full pension at the most 50% and his qualified immunity shouldn't count he should not be able to have it she should be able to sue him she should be able to sue the police department and the city cuz they knew they were in the wrong and still at this woman spend two years in behind bars and the cops should also lose all his credentials so he can't go anywhere else and try to work part-time or security or anything he can't be trusted
No QI means he can be sued individually, doesn't it?
There is a national movement underway to end qualified immunity.
Sadly even without QI, he will likely be indemnified by the city meaning the tax-payers will be the ones punished paying whatever settlement.
@@samcoble7263 thanks
Great Job 👍 reporting Dave! Enjoy the work you do for accountability and transparency out there. I encourage you to keep doing what is right for the people and being a light for the future next Dave to continue the work you started. Much respect.
Another way they earn the hate. He destroyed this womans life for personal gain. At minimum he should do 2+ years in jail. Just like he did to this woman.
Oh no if they rule against him other cops might fear lying 🤥
Attention all of you "Good Cops" out there:
When was the last time that you saw a fellow officer do something wrong, and pass that information up the chain of command?
If there was such s thing as good cops there wouldn't be such a thing as bad cops because they'd all be arrested.
The blue line gang and the corrupt Prosecutors that help protect them are real criminals. They all protect each other.
They kept his lying file secret from the public. The chief is absolutely 100% responsible. I would fire him immediately.
Great reporting Dave. Keep bringing these kind of cases to the light.
I wish one of the judges had asked her "if you tell a lie in the woods and no one reports it" is it still a lie?
It is my understanding that facts determine the veracity of a statement not if they are reported or not.
She actually argued that he is not responsible for his lies because neither the City nor the DA reported them to the court. The reporting is that the only evidence presented against the woman were the words of this documented liar. The jury, if it was a jury verdict, should be barred from ever serving on a jury again.
I am glad we don't live in one of "those" countries government officials can do whatever they want - just get off free with pension and no repercussions.
This is a true hero!!! Dave has been exposing the worst of the worst
We have lost integrity in our legal system. Perjury used to be a serious crime but now goes unpunished. It’s rampant in the courts and especially in Congress. Most police are honest but a few have darkened our impression for all. I’m aghast that this formally declared disgrace to the uniform, is not arrested, tried, and made to pay for his deliberate harm to an innocent person he was sworn to serve. There is a great difference between being “mistaken” and deliberately forming a damaging lie under oath. It won’t get better until perjury is seriously punished.
I find it amazing that this lady thinks a police officer shouldn't be held liable for his actions. Wait until something like this happens to her, she will be singing a different tune. If police officers had their qualified immunity revoked nationwide I bet you would see more officers behaving more responsibly as it could cost them their pensions and livelihood when they violate citizens rights.
I have decided that if I ever serve on a jury, I will hold to the Biblical standard for justice: There must be two witnesses who corroborate each other for either of their testimony to count as evidence. And even then I will take it with a grain of salt.
Lying is considered good police work, which explains why there are more people in jail in America than anywhere else in the world, both per capita and as an absolute number. Vote Libertarian.
“Police officers have different skill sets…” such as lying to suspects every chance they get. So who is surprised when some of them do that in a courtroom?
That whole county and city are so corrupt it’s insane. When you’re an attorney for a governmental body, it should be a different relationship than to a private person or organization. An attorney for the government should be required to put the interests of justice and the need for a public perception of integrity before the interests of any one governmental employee. The idea that an official finding of untruthfulness by the city is not Brady material because the city hadn’t decided on a punishment yet is ludicrous. This is a broken system that needs an enema.
Hell of a lawyer. What do you mean a cop can't lie? The woman spent 22 months in jail on the sole say so of this cop. WTF!
That money should come out of the police retirement fund
This happens more often than people realize. Lots of corruption.
ABC15 has been doing great reporting on these stories. Police are out of control in the valley. It is shocking to see the amount of abuse that goes on.
The city of Phoenix is just as wrong as the cop.
Another case out of Arizona naturally
THANKYOU YOUR HONORS CITIZENS NEED THIS
End "qualified immunity" for all of these people... This lawyer defending this should be fired and never hired by we the people, again.
The ripple effect would be that the police and city are responsible for their misdeeds
Qualified immunity needs to end and end now. As long as bad officers can hide behind it we will continue to have the problems we see all across the nation. These men and women are not above the law and they should be held accountable.
Resignations will not help corrupt cops escape prison time. And that City Attorney trying to defend the cop? She should get investigated and disbarred.
So "qualified immunity " means they can lie without recourse while on the witness stand ? That sounds kinda wack.
How could anyone think that a cop would know that lying is wrong? Poor guy... he's been doing this his whole life & now he gets paid not to. How sad. /s
Acab. End qualified immunity and take his pension.
END QUALIFIED IMMUNITY
I can't believe a jury convicted Frances Salazar. As they said, "No video, no pictures, no drug tests, no physical evidence". Her lawyer really screwed up. I would have demanded my blood drawn for a drug test.
Police Officer - “I never Lied”. Lied again 🤣
Salazar was not fired and was allowed to retire with s gull pension. That forsnt make drnse. Those terrible police unions.
Uhhhh you mean armour...
Almost EVERY municipality in Arizona does this to protect their cops. Corruption is rampant in Arizona.
there should be no qualified immunity for any cop
The city also should not be allowed to use tax dollars to fight the very people that pay these criminal gang thugs !!! They should have to use their OWN MONEY
I love how the attorney for the city is arguing that this breach of justice should not be addressed because that would open the door to the general practice of honesty, integrity, and fair justice within the city.
Attorneys that place known perjurers on the stand can be disbarred in most states.
When a cop lies like this it not only punishes an innocent person but it actively HELPS whoever actually committed the crime.
if there even was a crime to be caught
I live in Western Australia Australia and I love ABC 15 Arizona, especially Dave P's investigative journalism. He is a thorn in the side of Phoenix PD.
6 year sentence for an untested substance? How does that make sense?
Prosecutor should go to prison with the cop.
I love the admission by the citys attorney. If people can sue cops for lying to falsely imprison them then theres going to be thousands of cases. That sounds like a solution not a problem.
Just when you think Phoenix and Arizona couldn't get any worse ! Keep up the good work ABC 15 !
States Attorney: "Officer Armour is entitled to qualified immunity" because a reasonable police officer can't be expected to know that perjury is bad. If this is allowed to go forward, it could cause a ripple effect of police officers being held accountable for lying under oath.
Is this the same dept that charged to woman for killing the officer who stepped in front of her vehicle? How are the people charging us for crimes allowed to commit them against innocent people? Are they like politicians who just need their numbers and don't care who they hurt do get them?
Thanks again Dave.
City attorney is arguing that PD shouldn’t have to disclose internal ruling that an officer has a history of false arrest & lying. WTF?
Show me a cop, I’ll show you a criminal