i know many of you will probably be wondering who i am posting for the first time, but i've been reading all the chatter back and forth about the "list" getting out and your concerns. as someone who is very familiar with media practices, i'm sorry to say, but any "list" found during the police raid is considered evidence which is public record to the citizens of arizona. media often (and i am sure they are doing so in this case) make public records requests and the police have to give it to them. in turn, they can do what they want with that "list". i wouldn't be surprised if it doesn't end up published on a media website or something. i know it's not good news, but just food for thought.
I believe we all know, and have discussed on this board, that 'the list' will at some time be made public. We're aware of the public disclosure laws. I'm surprised that it hasn't already been made public. I note that, to date, there are still eight unnamed defendents in this case. Maybe MCSO has to wait until all defendents are arraigned? There are many of us who are waiting for the 'other shoe to drop'. TxToast often talks about the next wave of arrests. This may have already happened in the recent crack busts. As one who will surely make 'the list' I'm not looking forward to having my name in print but I do know that there's nothing illegal about me spending quality time with a lovely woman having drinks. Fortunately, I'm not married, I'm not in a relationship and I don't hold a high profile position in the community or in government so the media jackals would find me a pretty uninteresting target
beyond the understanding that one of the hobbiests arrested was thought to be another well known TER member.
I've always felt that the tremendous amount of resources expended might generate pressure for continuing activity. however its also very possible that the DA's office simply has no interest.
I've personally seen 3-4 times where the DA has blatantly kicked criminal cases to the curb just because they don't want to be bothered. All to often we see marginal cases pursued beyond any measure of common sense while clearly criminal activity is ignored.
what I find interesting is a few people "in the know" think that Paul will skate with minimal or no jail time in the end on this.
Since Heidi Fleiss and The DC Madam didnt reveal their client lists, I assumed that it could be kept secret but I guess the police never found their lists and thats why they didnt become public record.
Evidence obtained in an ongoing criminal investigation is not a “public record” and it is not per se available for inspection under the state public records act.
Now if the police prepare a report which summarizes the evidence, that report may be disclosable under the public records act but even here there is only a presumption that the record must be disclosed. LE can always overcome that presumption by showing that disclosure would harm substantial state interests, including harming the rights of criminal defendants.
Otherwise the police could never hold back info when investigating a crime that enables them to tell if leads are viable; similarly, a cart blanche access to public records rule could permit the media to access the names of police officers undercover or confidential informants; and court rulings suppressing evidence on prejudice grounds would be meaningless since the jurors could read about it in the newspaper.
The list will probably be disclosed eventually but because it leaked rather than because the media wants to see it.
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