PHOENIX — A defense attorney has filed a new motion asking a Maricopa County Superior Court judge to re-examine whether a recently retired Phoenix homicide detective should be compelled to testify about her past cases and mistakes.
The motion was filed in a first-degree murder case as a direct result of an ABC15 investigation, which exposed Det. Jennifer DiPonzio had been working multiple jobs while the court believes she was too unwell to participate in proceedings in any way.
“The importance of this cannot be understated,” according to the October 27 motion filed by David Le Leivre. “Defense has specifically alleged that Diponzio went on leave to insulate herself from accountability or questioning for her misconduct.”
RELATED: Too unwell to testify? ABC15 uncovers detective worked multiple jobs
The motion continued, “This recent report suggests that Det. Diponzio’s alleged medical condition and deriving unavailability are no longer the status quo. Accordingly, Defense asks for reconsideration of the prior ruling to determine whether Diponzio was (or now is) available.”
Before going on medical leave and retiring under a confidential disability claim, DiPonzio repeatedly mishandled evidence and failed to complete important tasks and interviews.
The mistakes have impacted at least 37 court cases and 61 police investigations.
For more than a year, judges have been told DiPonzio is too unwell to testify, receive subpoenas, or even be contacted about her cases.
A previous judge in Le Leivre’s case issued the following order:
“The Court has no information that supports she would be available any time soon or possibly ever, as a result of medical issues,” according to records filed on December 16, 2022.
Just two weeks later, an Instagram page promoting DiPonzio’s esthetician business put out its first post.
The caption: “It’s time to get busy.”
RELATED: What did Phoenix PD Chief know about detective’s mistakes?
In addition to the Instagram post, an ABC15 investigation obtained pictures, documents, job postings, and other social media entries that show DiPonzio has worked at least two jobs this year.
“It now appears that as soon as Diponzio retired and was deemed legally unavailable, she immediately began working. This information should have been disclosed to the Court many months ago,” Le Leivre argued in his motion.
RELATED: Attorney alleges 'cover-up' with murder detective's mishandled evidence
DiPonzio, who's married to an assistant chief, retired on December 27, 2022, under a confidential disability claim and currently receives a taxpayer-funded pension.
For most of this year, Phoenix officials have said little or nothing in response to ABC15’s questions about the growing scandal involving DiPonzio.
But in an email after this story, the city sent its most substantive statement yet.
“As you are well aware, due to employee health privacy laws, we cannot discuss specifics of this case. However your reporting makes assumptions that ignore critical differences in the work of investigating horrific murder scenes compared to the work of an esthetician. Most importantly, decisions regarding an individual’s work-related restrictions due to injury are made by medical professionals, not the City and not news reporters. The Phoenix Police Department takes the integrity of investigations very seriously. We also comply with the laws relating to employee rights, which include following the decisions of medical professionals regarding an employee’s ability to perform the functions of their job. When the employee went on industrial leave with an undetermined return date, the Department transferred her cases to other detectives who are providing thorough investigations, recommending charges, and working with the Maricopa County Attorney’s Office in bringing cases to resolution. The employee was ultimately approved for an accidental disability pension, which involved an examination by an independent medical provider hired by the pension system’s local board as part of their normal approval process. After an employee retires, the City does not control their activities.”
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
