PHOENIX — The House Judiciary Committee has written a letter to the Inspector General of the Department of Justice urging him to launch a review of the wrongful arrest of a 66-year-old woman in Phoenix by the US Marshals Service (USMS).
The letter comes after months of ABC15 reporting on the incident where USMS officials say they believed the woman they arrested was a woman wanted for an outstanding warrant from 1999.
Penny McCarthy, 66, was originally set to have an identity hearing in a federal court where she was going to have to prove she wasn't an accused criminal in Oklahoma who had violated her parole. After ABC15 reporting, a motion was filed by the U.S. Attorney’s Office to drop the case.
The letter sent Monday to Inspector General Michael Horowitz is signed by House Judiciary Committee Chairman Jim Jordan (R-Ohio) and Arizona Representative Andy Biggs, who is also the Chairman of the Subcommittee on Crime and Federal Government Surveillance.
The letter says an internal review by USMS is not a strong enough response given the severity of the incident, stating:
"We are very concerned at both the USMS’s carelessness and the excessive force during this encounter. The USMS’s lack of regard for Ms. McCarthy’s due process rights is very troubling and oversight is necessary to ensure similar abuses do not happen in the future. Part of the stated mission of the Department of Justice (DOJ) OIG is to “review the programs and personnel” of the USMS. Additionally, one of the “major functions” of the Department of Justice OIG is to “[i]nvestigate alleged violations of criminal and civil laws, regulations and ethical standards arising from the conduct of Department employees.” Accordingly, we ask that you investigate this matter and report back to the Committee on your findings and recommendations. Please confirm that you will examine this encounter as soon as possible but no later than December 2, 2024."
ABC15 asked the U.S. Marshals multiple times for their perspective on the body camera videos of this incident, but have not been granted an interview.
Watch previous coverage from ABC15 on this incident in the player above.
In a previous statement, the agency said, “USMS continues to conduct a thorough review of actions taken by Deputy US Marshals regarding the fugitive investigation of Carole Anne Rozak and subsequent mistaken arrest of Penny McCarthy.”
The DOJ has not responded to the letter calling for a formal review.
“What do I want? I want my life back. I want my DNA in my possession. I want my mug shots that they took in my possession,” McCarthy told ABC15 earlier this year.
Watch the latest on this reporting tonight on ABC15 News.
Read the full letter from Jordan and Biggs below:
Have a tip for the ABC15 Investigators? Email Investigator Jennifer Kovaleski at jennifer.kovaleski@abc15.com
