Two attorneys argued motions Monday in the hotly debated Dibor Roberts case. The case has once again landed in a new courtroom after the recent turnover in judges in the Verde Valley.
Originally, the case was assigned to Judge Janice Ann Sterling in Prescott's Division 3. When Sterling retired on March 15 the case was moved to Pro-tem A and Judge Ralph Hess. On arrival of Judge Tina Ainley, who switched courtrooms with Hess to avoid conflicts, the case was assigned to Pro-tem B and Judge Warren Darrow. But, by the time the case appeared for a hearing on motions Monday afternoon, the file had been moved to Division 7 before Judge Michael Bluff.
One would get the feeling no one wants this case.
The case involves a woman who is a naturalized citizen from a West African country, returning from work in Sedona when a sergeant with the Sheriff's Office attempted to pull her over for speeding on Beaverhead Flat Road. Roberts and her husband had talked about police impersonators and she was hesitant to stop for the officer.
Roberts' attorney, Stephen Renard, had filed three motions prior to the case facing trial. Renard asked that the case be taken back to the grand jury hearing again on the charge of unlawful flight, that Bluff dismiss the charge of resisting arrest and that the arresting Sgt. Newnum be compelled to be interviewed by the defense.
Renard contended the prosecutor failed to inform the grand jury of the Roberts's repeated attempts to inform the sergeant, "I was doing what I was supposed to do. I tried to get as close to the light as possible."
He said the witness, a citizen who had stopped at the side of the road for a cell phone call, said she repeated that statement over and over again, showing that it was not her intent to flee from the officer.
Prosecutor Glen Hammond said Renard should have presented the argument a couple of months ago.
The defense attorney also argued that it is not possible for someone to resist arrest if they have not yet been arrested. Renard said Roberts was not told she was under arrest until 45 minutes to an hour after she was stopped and at that time complied with the officer. Roberts' alleged "passive resistance," according to Renard, "is insufficient as a show of force."
Renard also argued that the sergeant's victim's rights defense should not protect him from being interviewed about the case when he has already testified twice and his boss has presented his case before the press. Hammond argued that the sergeant has already been "dragged through the news and shouldn't have to do that again."
Judge Bluff set aside time Friday morning for a ruling on the motions.
