TUCSON, Ariz. (KGUN) — A battle between Pima County and Federal Prosecutors is playing out in Federal court Monday. It’s over access to a murder suspect.
Tucson Police arrested Julio Aguirre June 30 and charged him for a string of crimes in MidTown Tucson including the murder of Ricky Miller. But Aguirre is in Federal custody now and Conover says they won’t give state prosecutors any access to him.
“Well, look, it's the Trump administration, right? They've come in to say that they have full power over this defendant, that not even the judge has any power to say over it, and when the court asked why, they said, we don't care to share our reasons with you. I mean, this is classic language that we've been dealing with out of DC this entire time.”
Aguirre was hurt during the arrest. While he was hospitalized an FBI Agent arrested him for Federal charges including carjacking involving death, and illegal entry to the US.
Conover says Federal and State Prosecutors usually co operate and make it easy for each other to have a suspect available for court sessions.
But in Aguirre’s case the Feds shut out local prosecutors—cold—-so cold Conover is worried unless she’s able to get just a short time with Aguirre for his first state court appearance she won’t have the legal standing to start collecting testimony from elderly witnesses who may not be able to testify if there’s much more delay.
Conover says Aguirre can stay in Federal custody and even have a state court appearance by remote video; she just needs to have Aguirre formally charged in state court so she can collect testimony for her case.
In Conover’s lawsuit to force the Feds to cooperate, Federal Judge Rosemary Marquez leveled hard questions at assistant US Attorneys when they said it’s their discretion whether to grant access to Aquirre. They claimed even a Federal Judge has no power to order Federal prosecutors to give Conover’s office any access.
Judge Marquez said she’ll take some time to think about the arguments, then rule.
