PHOENIX — The Department of Justice’s scathing report on Phoenix police is being allowed as evidence in an ongoing civil trial involving two protesters who sued officers for violating their First Amendment rights.
Jorge Soria and Phil Martinez filed a lawsuit against Phoenix officers after they were arrested in July 2019.
Their arrests were both specifically cited as examples in the DOJ’s final report.
VIDEO GUIDE: ABC15 breaks down the DOJ’s ‘historic’ report
Ahead of Soria’s and Martinez’s trial, which began January 7th, Judge David Campbell ruled that portions of the DOJ’s findings covering Phoenix’s retaliation against critics and protesters can be presented to the jury.
The judge’s decision came after Phoenix argued the report’s inclusion shouldn’t be allowed.
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In an objection, the city’s attorneys wrote, “The Court should preclude any reference to the Report because: (1) many of the sections are irrelevant; (2) any probative value is substantially outweighed by unfair prejudice; (3) the Report contains hearsay to which no exception applies; and (4) the Report contains improper expert opinions.”
The DOJ’s report sharply criticizes Phoenix police for how they have handled protests and it highlights many examples of officers targeting critics with arrests, false evidence, and bogus cases.
The DOJ report said the following about Soria and Martinez’s arrests.
"PhxPD has also singled out specific protestors for arrest because of expressive activities. At a protest in July 2019, a PhxPD lieutenant directed officers to arrest a 62- year-old protestor [Soria] while he was in the middle of giving an interview to a reporter. PhxPD had last ordered protestors to disperse 15 minutes earlier, and most of the crowd had moved out of the street. But the 62-year-old protestor, who carried a Soviet flag and a sign that called police 'child killers,' stayed behind to speak to a reporter. Video from the interview captured the encounter. As the man began to answer the reporter’s question about the flag’s symbolism, officers ran up behind the man and, without warning, grabbed him by the neck and tackled him to the ground. Other people remained in the same area at that time, also allegedly in violation of earlier dispersal orders. Yet officers arrested just the man and one other protestor [Martinez], a community leader and vocal critic of PhxPD who was well known to the lieutenant in charge. PhxPD’s decision to target these two protestors, while allowing others to walk away, suggests that it was the protestors’ expressive activities that prompted PhxPD to select them for arrest. All charges against both protestors were dismissed the following day."
In opening arguments, Phoenix’s attorneys denied that Soria and Martinez were singled out for arrest. The city claims that officers ordered the crowd to disperse and the pair refused.
The trial is expected to last until January 15th
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
