Maricopa County attorney candidates square off

TEMPE -- The Changing Hands bookstore witnessed the first in planned series of debates between Democratic Maricopa County attorney hopefuls Tim Nelson and Gerald Richard, who are competing in a primary to take on incumbent Andrew Thomas. 

Before a crowd of about 80, many of whom literally wore their allegiances to one candidate or the other on their sleeves (yellow shirts for Richard, navy for Nelson), Nelson and Richard debated experience - both claiming the edge in prosecutorial expertise - but generally agreed in their critiques of Thomas and the problem areas they wish to address. After the debate, both spoke about how they would deal with Maricopa County Sheriff Joe Arpaio, whose policies starkly differ from those proposed by both Democratic candidates.

Richard and Nelson spoke in unison on the need to reduce funding to things like billboards, which both candidates labelled "self-promotion" when done by Andrew Thomas, whose name often prominently appears on anti-drunk driving advertisements. Overall both said that "fiscal responsibility" needed to be restored at the county attorney's office. They also took Thomas to task over the low morale at the office, and vowed to treat deputy county attorneys with respect. 

The two candidates both proclaimed a belief that justice should be a large component of which cases the MCA decides to pursue.

Nelson spoke about deputy attorneys needing the "discretion to do the right thing, and professed a belief that Thomas has not been focused on "public safety." "We need to go after the murderers," Nelson said.

Richard used the topic to burnish his own credentials, stating that he was disturbed by sentencing discrepancies during his time as a corrections officer.

He said he'd seen inmates sentenced to 70 years because of three rocks of crack, while people trafficking in "pounds" of cocaine got five years. 

Both candidates agreed that, due to mandatory minimums set by the Legislature, the only place mitigating circumstances could be taken into account was at the prosecutorial level. 

It played into Richard's larger point, and an area that saw the bulk of back and forth between the candidates: experience.

Richard spoke of the range of his positions, and his ties to the community, in making his appeal to the listeners. When someone mentioned the handling of juvenille cases, Richard took the opportunity to point out his involvement in the Genesis Academy charter school. He also spoke about his time as a deputy prosecutor with the county attorney's office in the 1980s.

One of his most colorful anecdotes, among many, involved his conversation with a 15-year-old runaway, "Little T," who he was trying to set straight.

"Either you let your mother be your jailer and control your time," Richard remembered telling the youth, "or you let Bubba be your lover."

"Having been a bailiff, I know the system," he said when speaking of which cases he'd purse. He also said "you need someone with law enforcement experience" when discussing the governor's task force to pursue unserved warrants. Richard retired from the Phoenix Police Department as director of the administrative division.

However, while Nelson lacked the "common touch" attitude Richard adopted, he did not cede the experience issue.

"I have the most experience of anyone in this room," claimed Nelons. "I have more courtroom experience than either [Richard or Thomas] combined." 

Nelson hit on his time as general counsel to Gov. Janet Napolitano, saying it had afforded him experience defending the state in lawsuits, which he pointed out was a major component of the MCA's job. He also turned to a laundry list of endorsements that includes 10 Democratic state representatives and two state senators, as well as Mary Rose Wilcox, a Maricopa County supervisor, and Greg Stanton, a Phoenix city councilman. Of course, Gov. Napolitano is backing him, too.  

Nelson also announced a new endorsement last night from U.S. Rep. Harry Mitchell (D-Tempe).

After the forum, PolitickerAZ.com asked both candidates whether they thought they'd be able to work with Maricopa County Sheriff Joe Arpaio, with whom Thomas has a close working relationship, and who maintains policies that would be at odds with the goals of a Richard or Nelson administration.

"I've worked with the sheriff before," said Nelson, who said he'd be able to work with him again. "He and the governor have had a positive relationship."

However, when asked about Gov. Napolitano's decision to syphon off funds from Arpaio to fund a warrant enforcement task force - a move both Nelson and Richard supported - Nelson conceded he suspected "that strained things a tad."

Nelson skirted a direct condemnation of Arpaio's controversial "neighborhood sweeps" to catch illegal immigrants. He said he would instead try to focus on going after "organized criminals" that trafficked in illegal immigrants. "That needs to be the top priority," he said.

Richard was more upfront, saying he "would not prosecute for self-smuggling." He said when he assumed office, "when there's time, I'll let [Arpaio] know there are certain things I will not do."

He added, though, "I'm hoping Dan Saban is sheriff," referring to Arpaio's Democratic rival.