PHOENIX — Is the City of Phoenix intentionally withholding a taxpayer-funded report?
That is the question lawyers, academics and ABC15 reporters all want to know after the City repeatedly declined to release a review into the Phoenix Police Department protest response.
The refusal to provide the records comes after the Arizona State professor, who led the review, told ABC15 he submitted the report to the City on January 19, 2022. He said he viewed it as "finalized" in mid-February.
In May 2020 there were days of protesting and unrest after the killing of George Floyd in Minnesota and Dion Johnson here in Arizona.
"During this four-day period, the Police Department arrested 354 subjects for various offenses, including rioting, unlawful assembly, aggravated assault, resisting arrest, obstructing a public thoroughfare, criminal damage, and curfew violations," said Chief Jeri Williams, at a December 2020 City Council meeting, justifying her department's spending of $14 million in overtime.
Almost all of the people arrested then had their charges later dropped.
The department is also being sued for what ABC15 exposed were 'politically charged' prosecutions, involving fabricated gang charges.
In October, Arizona State University's Criminology and Criminal Justice Department submitted a 'Scope of Work' proposal to the city after "The Phoenix Police Department requested technical assistance from ASU regarding the policing of protests and riots.
Professor Ed Maguire, a nationally recognized expert in the field, said he, and a team of grad students, spent months examining Phoenix PD's policies, procedures, and training surrounding the protests.
The report was titled "Independent Review of the Phoenix Police Department's capacity for policing crowd events" and was submitted to the City on January 19, 2022.
Professor Maguire told ABC15 that, to his knowledge, the City had 30 days to review the report and provide feedback and dispute any factual accuracy. City leaders said nothing, according to Maguire, so he said the report has been finalized since February, from his perspective.
When ABC15 requested a copy of the public records back in May. The City said, "it's not complete...check back again in a month or so..."
After more back and forth, the City's Director of Communications told ABC15:
The final product is still pending and has not been finalized. To the extent the City of Phoenix seeks outside assistance in investigating, evaluating and recommending action, any reports or conclusions are unavailable until there is both a finished, final report and decision by the City of Phoenix to publish such a report.
Fast forward four months, to mid-September, and City leaders are still refusing to release the taxpayer-funded report.
"It's disappointing that the city is trying to hide information that the public really should know about, [like] the way police conduct themselves in the city of Phoenix," said Jared Keenan, Legal Director with the ACLU of Arizona.
Keenan told ABC15 he suspects the City does not want the attorneys who are currently suing the police department, for protest matters, to see the report's findings.
"It's hard to imagine what else can be in the report that would prevent them from disclosing it immediately," said Keenan.
In fact, the City went so far as to file a motion in March that in part prevented attorneys from getting the ASU report and other outside reviews.
ABC15 has repeatedly asked the City for an on-camera interview, but they've declined.
A spokesperson told ABC15 Monday afternoon, "The City is working with ASU to address issues related to the report. There is no additional information available at this time."
