SUNRISE PARK RESORT TEAMING UP THIS WINTER. >> NOT THIS GRANDMOTHER SPENT NEARLY 2 YEARS IN PRISON ALL BASED ON THE WORD OF A PHOENIX POLICE OFFICER WITH A HISTORY OF DISHONESTY. FRANCES SALAZAR WAS FINALLY RELEASED WITH A COURT LEARNED THAT OFFICER WAS A DOCUMENTED LIAR AND THAT HISTORY WAS KEPT SECRET. SALAZAR FILED A FEDERAL LAWSUIT AND SO FAR PHOENIX IS LOSING ITS WHY THE CITY IS APPEALING PART OF THAT CASE BEFORE THERE'S EVEN A TRIAL. AND THEY JUST ARGUE THEIR SIDE IN COURT. >> HERE'S ABC 15 CHIEF INVESTIGATOR DAVE BISCOBING. >> SEEM TO HEAR ARGUMENTS IN THE NEXT CASE. >> ON THE CALENDAR, WHICH IS FRANCIS SALAZAR VERSUS THE CITY PHOENIX. THIS IS THE U.S. 9TH CIRCUIT COURT AND THIS 3 JUDGE PANEL IS HEARING THE CITY'S APPEAL WALKING UP TO THE MIC. THAT'S THE CITY'S HIRED ATTORNEY. SHE OPENED BY CRITICIZING A LOWER COURT JUDGE BY NAME HAVE A TREMENDOUS AMOUNT OF RESPECT FOR JUDGE BOLTON. BUT I HAVE TO SAY IN THIS RULING SHE GOT THIS WRONG. SHE'S TALKING ABOUT THIS RULING LAST YEAR. ONE THAT CREATED A HUGE LEGAL RISK FOR PHOENIX PD. BUT BEFORE WE GET TO THAT, WE NEED TO LAY OUT THE BASICS OF FRANCIS CELLS CASE. >> SHE SPENT 22 MONTHS IN PRISON FOR ALLEGED DRUG POSSESSION CONVICTION WAS BASED SOLELY ON THE TESTIMONY OF OFFICER ANTHONY ARMOR. NO VIDEO, NO PICTURES, NO DRUG TESTS, NO PHYSICAL EVIDENCE. JUST HIS TOLD FOR TO JUDGE EVENTUALLY TOSSED FRANCIS'S CONVICTION BECAUSE ARMOR AND PHOENIX PD DIDN'T TELL THE COURT HE WAS A DOCUMENTED LIAR YEAR BEFORE HER TRIAL. HE FALSELY ARRESTED A DIFFERENT WOMAN AND LIED ABOUT HIDING SOMETHING LIKE THAT IS UNCONSTITUTIONAL. IN THE 1963, CASE, BRADY V MARYLAND, THE SUPREME COURT RULED NEGATIVE INFORMATION OR EXCULPATORY EVIDENCE HAS TO BE DISCLOSED TO DEFENDANTS. WHO CAN YOU ADDRESS THIS ISSUE ABOUT? THAT TAKES US BACK TO THE CITY'S APPEAL. THE LOWER COURT JUDGE RULED OFFICER ARMOR IN PHOENIX PD ARE NOT PROTECTED BY QUALIFIED IMMUNITY WHEN THEY DIDN'T TURN OVER THAT INFORMATION BEFORE FRANCIS'S TRIAL. QUOTE, IT WOULD NOT BE UNREASONABLE FOR A JURY TO CONCLUDE THAT SELLS ARES INJURY AND HER 22 MONTHS CONFINEMENT WOULD HAVE BEEN AVOIDED IF PPD HAD IMPLEMENTED PROPER TRAINING AND SUPERVISION REGARDING POLICE OFFICERS OBLIGATIONS UNDER BRIE. AND THAT RULING MEANS THE CASE WILL GO TO TRIAL UNLESS THEY SETTLE FOR THE 9TH CIRCUIT OR RETURNS THAT DECISIONS SHE GOT THIS WRONG. OFFICER ARMOR IS ENTITLED TO QUALIFIED IMMUNITY. NOW, HERE'S A TIMELINE AT THE HEART OF THIS CASE IN NOVEMBER 2015 ARMOR WAS ACCUSED OF FALSELY ARRESTING A DIFFERENT WOMAN IN LYING ABOUT IT IN APRIL 2016, THAT INTERNAL INVESTIGATION WAS COMPLETED CONFIRMING HE LIED. THEN 4 MONTHS LATER IN AUGUST 2016, FRANCIS HAD HER TRIAL AND ARMOR TESTIFIED. BUT THE COURT WAS NOT INFORMED OF FARMERS PAST LIES. AND THAT'S WHY I THINK THE CITY'S ATTORNEY ARGUE 2 MAIN THINGS. ONE, IT WASN'T ARMOUR'S RESPONSIBILITY TO DISCLOSE HIS LIES. THAT WAS PHOENIX PD INTO THE DEPARTMENT DIDN'T HAVE TO TURN OVER THE FINALIZED INTERNAL INVESTIGATION YET. WHY? BECAUSE EVEN AFTER AN INTERNAL INVESTIGATION IS FINISHED, THE CITY DOESN'T CONSIDER IT COMPLETED UNTIL THEY FINALIZE THE DISCIPLINE AND THAT CAN TAKE MONTHS EVEN A YEAR OR MORE. THE PANEL OF JUDGES DRILLED INTO THAT ARGUMENT THAT THE FACTS ARE AND THE FACTS ARE THAT HE LIVED. >> AND ELI LAW. I DON'T SEE WHY ANY OF THE REST OF THE PROCESS IS TERRIBLY RELEVANT. AND IT'S PRETTY CLEAR THAT SOMEONE WHO LIES AND THEN GETS ON THE STAND THAT SPRAY GIGLIO IS TOO BAD PERSON. >> HE DISPUTES THAT HE WIDE. OVER THE PLACE FOR FINDINGS WERE MADE. AND YOU'VE NOW UNDERSTAND THAT REVIEW. UNDERSTAND THAT. THAT'S ONE OF THE BENEFITS TO THE MUNICIPALITY, MAKING THE DISCLOSURES INSTEAD OF LEAVING THAT TO THE OFFICERS, POLICE OFFICERS AREN'T LAWYERS. >> POLICE OFFICERS HAVE DIFFERENT SKILL SETS AND WITH TIME RUNNING OUT, THE CITY'S ATTORNEY TRIED TO TELL THE COURT THE RIPPLE EFFECT THIS COULD IF THEY LET SALAZAR'S CASE GO FORWARD AGAINST ARMOR. IF IF A POLICE OFFICER COULD BE HELD LIABLE IN THIS CASE, YOU'RE GOING TO YOU WOULD HAVE NO THINGS AS LET YOU GO. I THINK, ARGUMENT AND I APPRECIATE THE ARGUMENTS OF BOTH COUNCIL THIS MORNING IN THE CASE OF >> SALAZAR VERSUS PHOENIX WILL BE SUBMITTED THE DECISION. WE SHOULD POINT OUT SOMETIMES THE FEEL AND TONE OF THESE HEARINGS DON'T ALWAYS MATCH THE FINAL RESULT. >> AS OF RIGHT NOW, THERE'S NO SET DATE FOR A DECISION, BUT IT USUALLY TAKES SEVERAL WEEKS SOMETIMES MORE. I'M INVESTIGATOR DAVE BISCOBING, ABC, 15, ARIZONA ARMOR IS NOW RETIRED RECEIVING A FULL PENSION. DAVE HAS REPORTED ON ARIZONA'S BRADY LESS PROBLEMS FOR THE PAST 3 YEARS. AND YOU CAN FIND ALL OF IT. PLUS.
