Jon Johnson File Photo/Gila Herald: Despite ruling that the Graham County Superior Court Clerk acted inappropriately by having evidence removed from the court, Graham County Superior Court Judge Michael D. Peterson said the case against Manuel Campos could continue.
Judge says defense handed ‘a golden argument’
By Jon Johnson
SAFFORD – A case against Manuel Ramon Campos, 38, involving aggravated assault with a deadly weapon, armed robbery, two counts of robbery, two counts of burglary, and disorderly conduct with a deadly weapon will go forward despite Graham County Clerk of the Superior Court Cindy Woodman’s conduct regarding possession of evidence in the case being found to be in violation.
During an evidentiary hearing Wednesday, Thatcher Sgt. Kevin West, who was in charge of securing the evidence prior to handing it over to the court for the initial trial, testified under oath that he twice informed Woodman that the evidence needed to stay with the court and that he should not take it back. Woodman herself testified that she was concerned over the safety of the evidence being held in the court’s vault and that she ordered West to take possession of it on June 20 because she felt it would be more secure in the Thatcher Police Department’s vault.
Woodman neglected to inventory the evidence Sgt. West then took possession of, however, West inventoried it and resealed evidence that had been open for the trial and secured the evidence in the Thatcher Police Department’s vault.
The Graham County Clerk of the Superior Court is tasked with keeping evidence in court cases. However, Woodman, who was a dental hygienist prior to being elected to her position in November 2018, said she did not know what she was doing was wrong and that she had not received any formal training that would assist her in her duties as clerk. Regarding the Campos evidence, she felt that since the vault was left unlocked during the day that it would be more secure at the Thatcher Police Department.
“At that time, I did not know the evidence had to be maintained by the court,” Woodman testified.
Prosecutors allege Campos broke into a Thatcher residence Jan. 31 and demanded money from the resident while brandishing a shotgun. When the victim responded that she didn’t have any money, Campos allegedly fired a shot into the floor next to the victim’s leg and reportedly told her, “the next one is for you (expletive deleted)” and then ran out the back door.
Campos was later found hiding from police underneath a jacuzzi lid in a resident’s backyard on Spencer Lane, and the shotgun was recovered from a bush next to the Newman Catholic Center at 3592 W. Fourth St. and a shoe print the prosecution said matches shoes Campos was wearing when apprehended was found next to the shotgun. DNA testing also showed Campos’ DNA on the shotgun shell loaded in the weapon.
On June 13, a jury took less than one hour to find Campos guilty of misconduct involving weapons/possession of a deadly weapon by a prohibited person. Campos was found not guilty on a second similar charge regarding his possession of a folding knife. He was scheduled to be sentenced Aug. 13, from 1:30 – 5 p.m. on that charge, which is a Class – 4 felony, and, with two prior convictions, the presumptive sentence is 10 years in prison.
After the initial trial but prior to sentencing and the start of the second trial regarding the actual physical counts (which is scheduled to run Sept. 11 – 13), Woodman became concerned about the storage of the evidence, including the shotgun, in the vault located in the clerk’s second-floor office because the vault had been ordered to remain unlocked during court hours in case of a procedural scenario occurred. The vault is located in an office that requires a keypad code for entry or by entering through the courtroom, which is locked when not in use. Woodman singled out an incident she described as seeing a Graham County Attorney’s Office secretary making copies in the clerk’s office and that concerned her regarding the safety of the Campos evidence. However, one can only enter the office with a number key that is set to allow entry, by a clerk or other staff member with access letting them in, by entering through the courtroom during court operating hours or if they have a key to the courtroom.
Woodman also stated that she didn’t know who has access to the clerk’s second-floor office. Since taking her position, six of the eight clerks on staff have resigned from their jobs and Woodman couldn’t say whether their keyed entry numbers had been taken off the door or if they would still be able to access the office. She also said she didn’t know if the vault could be locked. Courtroom clerk Savanaha Teo, who had submitted her resignation and was testifying on her last day, said the vault was locked every night and unlocked in the morning when something had to be retrieved.
Graham County Superior Court Judge Michael D. Peterson questioned Woodman that if she had concerns about evidence storage since she took office why she hadn’t done anything about it. Woodman said she recently requested a specific evidence vault to be constructed but did not have an answer to why she only requested that after the snafu with the Campos evidence.
When asked why she hadn’t contacted Teo, who was in charge of the evidence as the clerk who handled it in the courtroom and the only clerk with physical possession of the combination to the vault’s lock, she said it was impossible to reach Teo because she was in Colorado at a wedding. Judge Peterson asked if Woodman had made any effort to contact himself or his judicial assistant regarding the evidence and Woodman said she had not. Instead, she simply took it upon herself to decide that the evidence needed to be moved from the courtroom to be more secure, which was a direct violation of the procedure of keeping the evidence in the case.
With Woodman on the stand, Judge Peterson asked, “So, you decided to take the actions that you did without conferring with me?”
“Yes I did,” Woodman replied.
Judge Peterson found Woodman’s conduct to be a violation of procedure but felt that since Sgt. West had done such an admirable job of handling the evidence that the case could proceed.
Campos’s attorney, Daisy Flores, argued that by Woodman’s own admission the evidence was held in an unsecured area and could have been compromised and that she wanted to establish a record of that fact moving forward.
“I understand that you’ve been handed a golden argument now for the next trial,” Judge Peterson said.
To address any concerns over the ambiguity of the safety of evidence in the court’s vault and to not have any more unnecessary custody changes, Judge Peterson ruled that Sgt. West and the Thatcher Police Department should keep control of the evidence until the second trial begins, without objection from either Flores or Cochise County Deputy County Attorney Daniel Akers, who is prosecuting the case.
Campos was scheduled for a settlement conference Wednesday from 1:30 – 5 p.m. to be administered by Gila County Superior Court Judge Pro Tempore Gary Scales.
If the settlement conference does not produce an agreement, Campos’ trial is scheduled for Sept. 11 – 13.
Campos also has a second trial, regarding the December 2017 shooting of Gary Don Hess. In that case, Campos is charged with two counts of aggravated assault with a deadly weapon, aggravated assault resulting in disfigurement, two counts of assault, discharging a firearm at a residence, three counts of disorderly conduct with a deadly weapon, three counts of endangerment, and possession of a deadly weapon by a prohibited possessor. (Gila Herald: Campos arraigned on Hess shooting case – March 22, 2019)
