Bob Maclay, Bruce A. James, Pamela Hughes discussed on Bruce St. James and Pamela Hughes

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Two one thanksgiving day right now fifty two degrees in Phoenix weather brought to you by Howard air I'm Bob Maclay on a result as news station gate D. A. RD Ste soon as the news station KTAR news on ninety two three FM get some perspective Bruce A. James and Pamela Hughes you know it's always good to have a legal mind of berry marks in in the studio with us today in for Pamela because this next story is interesting obviously many of you I hope I've been paying attention to the saga of Paul Peterson if the name does not ring a bell he is the current but suspended Maricopa county assessor who is accused of running an illegal adoption ring yeah defrauding the state of Arizona of access dollars not showing up for work and when he did show up for work running is adoption scheme out of the assessor's office other than that I'm sure he's a lovely guy happy thanksgiving Paul so here is one of the new issues though Mister Peterson says he's facing a new hurdle and by the way I actually think he's got an argument yeah so what happened is the attorney general's office seized his assets them and and they said that neither he nor his wife for a lot of cash in any of their assets so they they can't sell property to cancel stock everything has to kind of stay where it is an access bank accounts a right company okay everything everything's frozen right and because of that he can't pay his lawyers right so you're very you're hindering someone's ability to defend themselves now because there's there's almost and again I hate talking legal terms run a lawyer go ahead it's almost a presumption of guilt as opposed to a presumption of innocence we seek your property prior to you being convicted right and and the other side of it is that the court is gonna look at and say you were seizing your ill gotten gains so the money that you've made doing your crime of racketeering stuff isn't it yeah you know they seize the drug lords cars in home right so they come in and they find out you're going to drug lords housing they find a million dollars in cash and three three Ferraris they're taking them who amongst us they're they're just taking them but it is not I mean you're right it's kind of a presumption of guilt and that's the way it was him from listen I like our justice system for yeah most part and I believe that everyone he should be afforded a vigorous defense okay yeah they are hindering his opportunity to defend himself in court and I have a problem with that yet notes on a fundamental level I agree with you in it this is an issue in the law that's been discussed quite a bit like when do you get the assets that you they can't be taken otherwise are hidden or something else and when are you hindering someone's ability to defend themselves and that's that's gonna be the question here as well and it's it is it is hindering its ability he has lawyers I mean this is he's not he doesn't he's not able to a public defender no he had to turn which what what the going rate he was seventy five an hour with more in that format for criminal criminal defense attorney good ones are gonna be expensive really I mean I know I need to start budgeting now berry I don't I'm not sure what the going rate are saving some of that money you're spending on the Turkey but it's yeah there this is already an issue in his attorneys are saying he did they declined issue number one of the cutting Peterson if cutting his access to cash is going to affect his ability to pay legal for the bills his lawyer says that's going to be difficult it's not just a lawyer just travel and other costs and if a lawyer to deal with this stuff all the signs say this is it's a very thin line between protecting the money that shouldn't be his the ill gotten gains and hindering somebody's ability to defend them you know what it strikes me as though and and and I'm gonna I'm gonna look let me broaden this out that it is a tactic that prosecutors use it's a tactic that government uses yeah which is to take you into a corner to strip you of your assets to make it nearly impossible for you to defend yourself so that you cut the deal so you plead what what whatever it is and again I have a problem with that just on a fundamental level I happen to think Mister Peterson is probably guilty of both the things he's been been hard for there's a hell of a lot of documentation that would take it there's babies so I you know it's gonna be hard to say that didn't happen right but you still should be able to defend himself in a court of law yeah there's look there's a presumption of innocence so we're we're kind of forgetting that you're right we're looking at this and say well we don't want to benefit from what from the crimes that he committed but the same time if in this country which which it is this is the way it's supposed to be you are presumed innocent until proven go right why should the government be able to come in and touch anything you own I'm he still you're convicted he's no more guilty of a crime than you or I are right now well as you careful so well the night yeah but it would you but it is and it is it's it's a it's a very big government grab a lot of government power that's being used here to take someone's assets was not been convicted of a crime and also to limit their ability to defend themselves from the allegations of the government it's it it's an issue because my my argument would be if you are saying this Peterson characters guilty of the day is long right yeah and why should I care that they've seized all of his assets any can't pay as lawyers you would only Karen with his you right and that's exactly what you would only if it was suddenly you and let's say you were falsely accuse you vehemently maintain your innocence as Mister Pearson does yeah I mean he's played not guilty all this right why should the government be able to handicap you in defending yourself it seems unfair well the next step here is going to be even more right now they just frozen the assets with Peter since the loan of the next up is a government like the file in civil court for for sure the forfeiture don't get me started on civil for so they'll just take it so before for to drive me up one side yet on the other hand I think it is an absolute farce and disgrace and there are rules in place for the law enforcement agencies that take it get to keep it in addition to their budget they get to use right things like educational way of working which by the way incentivize them to exact civilly for fit as much as possible right I mean we saw that with that with the sheriff's office back in the day and they were there was a lot of that kind of thing so yeah this is look we all get Paul Peterson say boy he certainly looks guilty there's a lot of evidence that we're looking at here but at the same time if we're if we're going to protect the rights that we as Americans have under the constitution is this something that should be allowed right now it is there's no question the courts allow this allow you to freeze it but it is certainly seems as if the courts are saying yeah you're presumed innocent but just in case we're going to do this and this yeah and and and again he I try to be consistent yeah because I I do believe consistencies import I agree end because I believe in that the criminal justice system because I believe that the constitution you know innocent till proven guilty presumption of innocence vigorous defense I have to come down on the side of Paul Peterson my personal beliefs well yet also ask yourself to the need to freeze all the assets I mean are all the assets tied up in this job because they let your some money go for his defense right out of his wife had made his wife's assets they took everything so is that reside over the line but the courts regularly.

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