Judge mulls Huppenthal sign removal verdict

A judge decided Wednesday to mull over whether state Sen. John Huppenthal stole a political sign and tampered with it on election day.

In closing arguments of the three-hour trial in San Marcos Justice Court in Chandler, attorneys dissected language of the law in arguing whether Huppenthal, R-Chandler, was guilty of misdemeanor charges of theft and tampering with a political sign.

Judge Daniel Washburn has 60 days to return a verdict.

Huppenthal’s attorney, Booker T. Evans, argued that the prosecutor didn’t prove the misdemeanor theft count because she couldn’t prove who owned the sign, the Arizona Democratic Party or a political action committee that received most of its funding from the party.

Evans argued that Huppenthal was also innocent in the count of tampering with a political sign because statute states no one can remove, vandalize or cover "any political sign of any candidate for public office," but the sign in question didn’t belong to a candidate and the message didn’t tout a particular candidate.

Huppenthal said he took the sign because it was a misleading smear on his participation in resolving air-quality problems at Corona del Sol High School.

Prosecutor Caron Close said Huppenthal’s actions fit the theft statute perfectly: He removed someone else’s property to deprive the owner of its use.

"He knew who the sign belonged to and it wasn’t him," Close said.

Huppenthal said after the trial it was just an extension of the 2008 campaign in which the Democratic Party poured loads of money into unseating him. "This thing should never have gotten here," he said. "This thing should have been taken care of in the political arena."

Huppenthal, who has served in the Legislature for 16 years, easily defeated Ted Maish for the District 20 Senate seat. He represents west Chandler and parts of Ahwatukee Foothills and Tempe.

Huppenthal said he first saw the sign at a branch of the Chandler Public Library at Ray and Rural roads on Nov. 4, but he left it there.

He said he called a legislative analyst who said it was OK to remove the signs.

State law allows the owner of a political sign to remove it, or the property owner can remove the sign if it is on private property.

Huppenthal said he went around asking property owners to let him remove the signs.

"It was very easy to get permission. People don’t like smear signs," he said.

He arrived at a polling place in an apartment complex at 4909 W. Joshua Blvd. to find another one of the signs and 78-year-old Ruth Levin, an elected committeeman, passing out fliers for Huppenthal’s opponent.

Huppenthal said he went inside the clubhouse of the complex and asked Michelle Underwood, an assistant manager, for permission to remove the sign.

"She said, ‘Yes, you have my permission," Huppenthal said. "In my mind, I did a little Tiger Woods pump because I had permission."

Underwood remembers it differently.

In a pretrial interview, she told attorneys she said, "Sure, I don’t care."

On the witness stand she testified: "I said, ‘I don’t care.’"

Underwood said she believed Huppenthal was referring to his own sign.

Close said Underwood didn’t have the authority to give her permission.

Huppenthal then went outside, cut the sign’s tie-downs and stuck it in his trunk.

Levin said she tried to grab the sign back.

"He said, ‘I have permission,’" Levin said.

He said he then drove the sign away and left it near a dumpster in the apartment complex.

Huppenthal said the sign stated that it was paid for by Victory 2008.

That group got most of its funds from the Arizona State Democratic Party, which put into question who owned the sign.

Former Arizona Democratic Party spokeswoman Emily De Rose said the Democratic Party owned the sign, but she testified that she didn’t know the fine details on the sign’s production or who paid the invoice.