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Prosecution moves to dismiss Stapley charges, hopes to refile after appeal
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Don Stapley attends a Maricopa County Board of Supervisors meeting in Phoenix on Dec. 23, 2008.
Laura Segall, For the Tribune
The state filed a motion Friday to dismiss the remaining counts in an indictment against Maricopa County Supervisor Don Stapley.
Dennis McGrane, chief deputy Yavapai County Attorney, said his office decided to dismiss the 66 remaining charges so it could appeal a decision last month by Judge Kenneth Fields to dismiss 51 misdemeanor counts.
"The misdemeanor counts are so intertwined with the felony counts that it just makes sense," McGrane said.
Stapley, who was indicted in December, was charged with failing to list business and real estate interests on financial disclosure forms he is required to file as an elected official.
Stapley's attorney, Paul Charlton, said the defense team is looking forward to arguing the case in the Arizona Court of Appeals and "talking about the lack of merit this indictment has."
"Mr. Stapley has consistently maintained his innocence," Charlton said. "This motion underscores that reality."
Fields dismissed the 51 counts Aug. 24, agreeing with Stapley's attorneys that he can't be held criminally liable for a law that was never properly enacted.
He found that the County Board of Supervisors did not enact a law concerning financial disclosure properly in 1994.
Stapley's attorneys have recently argued in written motions that since the Mesa Republican had no obligation to file the financial disclosure forms, he can't be held liable for the perjury, false swearing or forgery charges for omitting information from the forms.
"Mr. Stapley, who has always been cloaked in the presumption of innocence, is now innocent," Charlton said.
If Fields grants the state's motion, then prosecutors will be able to file charges again if they are successful on appeal.
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