2009 CONVICTION OVERTURNED IN MITCHELL-RELATED CASE; JUDGE FINDS "BRADY" VIOLATION BY SVPD
"If Mitchell's superiors in fact knew what Mitchell had done, then they acted either willfully or inadvertently in not disclosing that information to the defense."
Superior Court Judge Wallace Hoggatt, Decision and Order signed Aug 3, 2016
Jeffrey Lee Rife of Sierra Vista may get a new trial, or may walk free without further prosecution. At this moment his conviction and sentence in a 2009 drug possession case has been vacated [set aside].
Cochise County Superior Court Judge Wallace Hoggatt ruled Tuesday in favor of Rife's motion for post-conviction relief, finding that the prosecution failed to disclose important information. Rife and his defense attorney were not advised during prosecution of the 2009 case that the key officer in the case - former Sierra Vista Police Dept Cpl Mike Mitchell - had committed crimes involving dishonesty in the past.
Six weeks ago Hoggatt conducted an evidentiary hearing which included testimony by a FBI agent from New York City about Mitchell’s admission that he had shared information he improperly obtained from government databases while he was a police officer in Gallup, NM [2002-2004]. By the time Mitchell admitted his actions at a trial in New York City, he was working for the Sierra Vista Police Dept. Mitchell testified about his role in a friend’s stock manipulation scheme.
According to the judge's 7 page order, the failure of the Cochise County Attorney's Office or the Sierra Vista Police Dept to disclose Mitchell's conduct was a "Brady violation" - denying Rife and his attorney critical information that could have been used to impeach or challenge Mitchell's testimony.
Throughout his case, Rife insisted Mitchell lied about the traffic stop on Lenzner Avenue that led to his arrest for drug possession. Rife argued in his motion that he believed a judge or jury would believe the officer, not him.
Therefore, to avoid the risks of a trial and a potentially longer prison term, he accepted a plea bargain.
In 2010 Rife pleaded guilty and Hoggatt handed down a seven year sentence which was to be
served consecutive to (after) another seven year sentence in a separate case. As a result of the
back-to- back sentences, Rife was not eligible for release from prison until Nov. 2021.
In prison last year, Rife learned that Mitchell had resigned amid an inquiry about his conduct.
In mid-2015 Mitchell had resigned from SVPD after an internal affairs investigation undertaken when a confidential informant (and admitted heroin addict) claimed she had sex with Mitchell. Numerous text messages substantiated that the married Mitchell was involved in an inappropriate relationship with the young woman.
The internal investigation also found that Mitchell manipulated fellow officers into providing him information about a drug case in which the woman was involved. And, Mitchell removed the woman's cell phone from her boyfriend's vehicle which police had seized in a drug investigation.
Mitchell would later relinquish his certification with the Arizona Peace Officers Standards and Training board rather than defend against charges of misconduct.
Mitchell had been previously won praise from co-workers and superiors. In a 2014 performance review SVPD Chief Tom Alinen called Mitchell, "a cop's cop" and described him as a "best producing officer".
From prison Rife, now 35, filed a single paragraph request to judge Hoggatt, asking that his conviction in Cochise County case CR2009-00727 be dismissed. Rife later arranged representation by Tucson-based attorney Brick Storts III who brought forth questions about Mitchell’s credibility due to his involvement with Jeffrey Royer.
Mitchell was a rookie officer in Gallup, New Mexico when he became acquainted with Royer, who was then an FBI agent. The two men became friends, and Royer even lived with Mitchell for a short time after he stopped working for the FBI.
After Royer left New Mexico, he asked Mitchell to supply him with information from
government databases about persons involved with publicly-traded companies. Mitchell accessed the National Crime Information Center [NCIC] at least 10 times and shared the information with Royer, who along with San Diego-based stock manipulator Tony Elgindy used the information for various illegal schemes.
Elgindy and Royer were later put on trial in New York City where Mitchell was called to testify. There, he admitted under oath to unauthorized access and use of NCIC information. By that time, Mitchell was employed as an officer with the Sierra Vista Police Dept.
Judge Hoggatt noted that accessing NCIC for personal use or unauthorized purposes is illegal but for some reason the FBI never referred charges against Mitchell. Hoggatt conceded that it’s unclear whether Mitchell was forthright with his superiors at SVPD
about his involvement in the Royer-Elgindy case or about why he needed time off to go to New York.
However, Hoggatt determined that because Mitchell is a sworn officer-agent of the state he had an obligation to inform his superiors, and that the City had a "Brady" obligation to inform the defense about Mitchell's history of dishonesty.
Hoggatt has ordered that Rife be transported from prison in Yuma, AZ to Cochise County for an Aug. 26 hearing to determine what happens next, as the prosecution could file an appeal of the judge’s decision.
In any new trial, the former officer’s testimony would likely to be challenged. There is also a question of whether Mitchell would be available to testify, as he failed to show up in court for the June evidentiary hearing despite issuance of a subpoena.
According to Arizona Dept of Corrections, Rife’s release dates will be recalculated once all court action is complete and the court issues a final order. The ADC database appears to show that with good-time credit Rife has already completed the sentence on his other case. That could make him eligible for immediate release if Hoggatt’s order to vacate stands.
=======
Over the 11 years that Mitchell was employed by the City of Sierra Vista, he was lead officer in hundreds of cases. The Cochise County Attorney’s Office previously announced that dozens of pending cases were dismissed once the internal investigation of Mitchell was completed.
In August 2006, Mitchell shot and killed a woman at the Blue Horizon Motel on Sierra Vista's east side. Mitchell reported that she appeared to be trying to attack him with a knife.
=======
Contact reporter-editor, David M Morgan at editor.SVDR@gmail.com and 520-236-4051
Reporter Terri Jo Neff contributed significantly to this report
