The City of Phoenix is gearing up to fork out a settlement in a federal lawsuit filed by Frances Salazar, who was wrongfully imprisoned due to a cop's undisclosed history of dishonesty. The dollar amount of the settlement is yet undisclosed, but given that it's significant enough to require the nod of approval from the city council, the sum is expected to be substantial.
Salazar spent almost two wrenching years in prison following her conviction in August 2016, a sentence she served because of critical evidence about the arresting officer, Anthony Armour's past misconduct which was never revealed during her trial, ABC15 reports. In a twist of legal fate, a federal judge has ruled that neither Armour nor the city of Phoenix can duck behind qualified immunity.
The integrity of the Phoenix police force is in question, with the settlement coming on the heels of a scathing ruling by Judge Susan Bolton. Bolton called out the city for the departmental failure in training officers on constitutional mandates, notably the revealing of "Brady" material — evidence that must be disclosed under federal law.
In her decision, Bolton stated, "In sum, the evidence shows that there is little, if any, training provided by the PPD regarding Brady requirements." The former Phoenix Chief Jeri Williams and a seasoned officer "exhibit little understanding of officers' obligations under Brady," which bolsters the impression of disregard for training on these essentials, according to the investigation by ABC15.
Phoenix sought refuge in the arms of the appellate courts, painting a different picture with an attorney arguing that the burden of reporting past dishonesty should not fall on the officer but on the police department. The city also argued that internal policies outlining the procedure for internal investigations shielded them from claims of violating Salazar's right to a fair trial.
Judge Daniel Collins, however, sharply undercut that rationale during the appellate hearing. "The facts are done. And if the facts are that he lied and he lied a lot, then I don’t see why the rest of the process is terribly relevant," he asserted. "It’s pretty clear that someone who lies and gets on the stand, then that’s Brady to that person," as obtained by ABC15.
The Ninth Circuit Court of Appeals has yet to release its verdict on the appeal, which leaves Phoenix dangling on the edge of a precipice, faced with the potential of a trial unless it settles or the court sides with them.
