How Long Will the Commission Stall Before Downloading Bob Stump’s Cell Phone?

How Long Will the Commission Stall Before Downloading Bob Stump’s Cell Phone?

Arizona Corp. Commission Executive Director Jody Jerich

It’s been one month since we learned that Bob Stump, former chairman of the Arizona Corporation Commission (ACC), “routinely deleted” text messages on his government-funded cell phone “not long after he received them.”

Through our public records counsel, Dan Barr, we informed the Commission that despite the deletions, Stump’s text messages could probably still be found on his phone’s hard drive. We proposed a leading, Valley-based electronics forensic expert who is on the state-approved vendor list. But that suggestion was ignored. We then proposed Detective Kathy Enriquez of the Phoenix Police Department, certified as an expert by the Dept. of Homeland Security, Mobile Digital Investigations program. Two weeks ago, the Commission’s outside counsel, David Cantelme, rejected our suggestion of Det. Enriquez.

Commission Executive Director Jody Jerich asked the Arizona Dept. of Public Safety for help, but they turned her down. Last week, Jerich is reported to have changed her mind and asked Phoenix Police Chief Joseph Yahne for permission to allow Det. Enriquez to perform the download of the phone.

But still no answer

Jerich has stated she is concerned that the phone’s “chain of custody” not be violated. However, the phone needs never to leave the sight of Ms. Jerich or her designate, so the chain of custody need never be in question. The entire process can be videotaped. Det. Enriquez has offered to take the day off to download the phone.

Why the delay?

Three big facts hang over the entire situation:

  1. Checks and Balances Project has uncovered compelling, circumstantial evidence that Commissioner Stump might have been illegally coordinating the August 26, 2014 GOP primary election with key dark money electoral scheme players. The roster includes: ACC then-candidates now Commissioners Forese and Little, their campaign manager Alan Heywood, dark money electoral groups, and Arizona Public Service (APS). If true, this could be a violation of campaign election laws.
  2. According to an email with the subject, “Brewing legal dispute – public records request,” provided by the Commission in response to our records request, Ms. Jerich began looking for outside counsel on April 23, 2015 – the day after receiving a request from Checks and Balances Project attorney Dan Barr for Stump’s complete cell phone records.
  3. As the Arizona Republic editorial board recently pointed out, the ACC could use its subpoena powers to demand APS to open its books for a review of any dark money electoral spending.

What was Bob Stump texting about with Forese, Little, Heywood, dark money captains Mussi and Noble, and APS’s Lockwood?  If there is nothing on the phone and nothing to hide, then why the foot-dragging and delay?

 

Scott Peterson is executive director of the Checks and Balances Project, a national watchdog blog that seeks to hold government officials, lobbyists, and corporate management accountable to the public. Funding for C&BP comes from pro-clean energy philanthropies and donors.