Cochise County Supervisors Tom Crosby and Peggy Judd (pictured above) are fighting back against Attorney General Kris Mayes’ prosecution of them for voting to delay certification of the 2022 election by three days. The pair filed motions last week requesting that the case be dismissed and challenging the grand jury’s finding of probable cause against them.
In Crosby’s Motion to Dismiss, which Judd joined later, Crosby’s attorney Dennis Wilenchik said, “The criminal statute involved is vague and ambiguous and overbroad, and unconstitutional as applied here to a member of a Board of Supervisors of a County voting in his official capacity. The case was brought purely for political purposes by the Attorney General and is an egregious abuse of her powers.”
Crosby’s Motion for a New Finding of Probable Cause and to Remand stated, “[This case] involves the attempted criminal prosecution of a sitting member of the Board of Supervisors of Cochise County for voting in his official capacity. In no way was there any criminal act committed in doing so. The prosecution is unprecedented and an abuse of power of the Attorney General’s position of trust for purely partisan political purposes.”
Judd’s Motion to Remand to Grand Jury for New Determination of Probable Cause, filed by her attorney Kurt Altman, stated, “Remand is warranted in this matter because the state failed to present exculpatory evidence to the Grand Jury, wrongfully instructed the Grand Jury on the Fifth Amendment right against self-incrimination, and presented misleading and inappropriate opinion and speculation evidence, all of which was relied upon by the Grand Jury to return a True Bill.”
Note: We have been informed that Tom Crosby is a few thousand dollars short of paying his attorneys this month. Please consider a donation here and spread the word.
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