Time Line:
February 6, 2011 - A theft was reported at the lower Circle-K in Oracle. Deputy Nick Zovko talked to witnesses, but did not identify them or ask for a description of the suspects. He just went in the general direction that the escaping thieves had taken. Obviously, he did not find them. Circle-K clerk, Richelle described only the clothing of these two individuals and stated there would be no prosecution. Deputy Zovko did not ask for descriptions of the subjects. no height, weight, ethnicity, age nor sex. He just gave her a case number for the corporate office, case closed!
February 23, 2011 - People wearing similar clothing entered the store. Richelle mentioned this to her supervisor, who decided that they would indeed prosecute. They still had no description of the individuals, only the clothing that they had worn. The individuals left the store on this occasion prior to being identified. Another opportunity wasted. Intentionally? Was there a coverup? I don't know.
February 25, 2011 - My son entered the store and made a purchase. He was wearing clothing similar to that which had been earlier described. Clerk Richelle, under pressure from her supervisor to come up with a suspect, decided to accuse my son as one of the thieves simply because his clothing was similar. Zovko made no attempt to verify this identification. Made no attempt to contact my son. Made no attempt to perform the duties to which he was sworn to carry out. He simply charged my son with a crime and passed this sham on to the prosecutor's office.
March 5, 2011 - My son received a summons in the mail to appear to answer to the charge of theft. Having no knowledge of this crime, he checked his calendar and realized he had been in another county, 240 miles away and stranded by a disabled vehicle for two days prior until two days after the crime.
March 23, 2011 - My son met with Larry Wharton, assistant prosecutor. He provided to Larry, proof of his inability to commit the crime since he was nowhere near Oracle at that time. This evidence was in the form of telephone records, credit card statements, repair records, motel records and numerous eyewitnesses to his presence in Yavapai County during the time in question. Larry Wharton (This is the same Larry Wharton who ran for Superior Court Judge in the last election and will be asking you to elect him to that post again) refused to look at the information and attempted to coerce my son into a false confession! This on the flawed identification of the clerk who could not provide even a basic description of the individuals involved.
March 24, 2011 - I called the office of County Prosecutor, James Walsh, who refused to talk with me. I did receive a call later in the day from Larry Wharton, who tried to enlist my assistance in coercing my son into a false confession! When I asked why he was proceeding with a case with absolutely no merit, he said the one witness was all he needed. The overwhelming evidence and numerous witness statements as to my son's innocence were of no interest to him. He then accused me of "hurting his feelings" for taking an angry tone with him while he was trying to maliciously damage my son's life.
March 25, 2011 - Larry Wharton called me again to enlist my help in railroading my son. He then called my son and and attempted once again to cause him to falsely confess. When these tactics had no effect, he scheduled the case for trial. Remember, this is the man who would be judge!
March 26, 2011 - I wrote a letter to the editor of the San Manuel Miner detailing this case. Prior to publication, the newspaper contacted Sheriff Paul Babeau for a comment. His comment was one of denial. He knew nothing! He continued to know nothing after a formal complaint and follow-up to his regional commander, at least two letters that I personally wrote to him and several additional letters that were written by other family members. No reply! Ever! To anyone! This is Sheriff Paul Babeau, 'Sheriff of the Year'! Illegal alien fighter! Does anyone know what else he does? He certainly does not uphold the rights of his legal citizens. Nor does he expect his deputies to do so. Now the good sheriff wants to be your United States Congressman? Just imagine how much damage he could do in Washington!
May 18, 2011 - Trial date has been set. Larry is unable to coerce a false confession but arrogance and pride will not allow him to back down. That is until he receives a letter from our attorney explaining what an ass he will appear to be if he takes this ridiculous case to court. Our attorney, of course told him the same things that we had told him from day one. That his case had no merit. That official records, phone and debit statements, numerous eyewitnesses and a broken car assuring his inability to commit a crime in Oracle trumps a single witness who cannot identify a single characteristic of the accused except for a "green hoody"! After receipt of the attorney's letter, Larry quickly and quietly had the charges dismissed. Judge Kent dismissed the charges with prejudice, meaning they could never be re-filed. Way to go Larry "please let me be judge" Wharton. You could have saved us a lot of grief and attorney fees if you had done the right thing from the start.
Here's the question which I posed to Larry, his boss Mr. Walsh, Sheriff Babeau and now I ask you: What would have happened if my son had not been able to prove his innocence? What if he had not had overwhelming evidence of his innocence? Would he have been convicted? I suspect so. What if the crime had not been a simple misdemeanor, but a felony? Would he have been convicted? Perhaps. What if he had been charged with a capital crime? Would he have been convicted? Would he spend his last years on death row? I don't like to think that could happen, but with the mindset of Nick Zovko, Paul Babeau, James Walsh and Larry 'I wanna be a judge' Wharton, this certainly is not out of the realm of possibility.
