1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JOSEPH MARTIN MCGHEE P.O. Box 91 Flagstaff, AZ 86002 (928) 600-0954 spurfy@icloud.com Defendant , in Pro per IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF COCONINO STATE OF ARIZO NA , Plaintiff, v. JOSEPH MARTIN MCGHEE , Defendant. Case No.: CR20 21 - 00 508 DEFENDANT’S RULE 15.6 SUPPLEMENTAL DISCLOSURE AND REQUEST FOR DEFENSE INTERVIEWS (Assigned to Hon. Dan Slayton, Div II) Defendant, pursuant to Ariz.R.Crim.P. 15.6, makes the following supplemental disclosure: I. DEFENSES Defendant may rely on the following defenses: 1. Failure of the State to prove elements of the offense; 2. Constitutional violations; 3. Police misconduct; 4. Mistake of law; 5. Mistake of fact; 6. Necessity; 7. Legal duty; 8. Good character; 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9. Due process; 1 and 10. A.R.S. § 13-2923(D)(1)(b); II. WITNESSES Defendant may call any or all persons disclosed by the State with respect to the designated defenses, and the Defendant may testify to each of the designated defenses. Defendant may also call: 1. Detective Ryan Forsman, Flagstaff Police Department. Testify as to defenses: 1-10; 2. Detective Todd Martinet, Flagstaff Police Department. Testify as to defenses: 1-10; 3. Detective Melissa Seay, Flagstaff Police Department. Testify as to defenses: 1-10; 4. Sid Buckman, 200 N. San Francisco St., Flagstaff, AZ. Testify as to defenses: 1-10; 5. Sam McCollugh, Child and Family Support Services, 1515 E. Cedar Ave., Flagstaff, AZ. Testify as to defenses: 1-10; 6. Heather DeVilles, Southwest Behavioral and Health Services, 1515 E Cedar Ave, Flagstaff, AZ. Testify as to defenses: 1-10; 7. Brad Steelman, Northern Arizona Healthcare, 1000 N. Turquoise Dr., Flagstaff, AZ. Testify as to defenses: 1-10; 8. Heather Coate, Northern Arizona University, Behavioral Health. Testify as to defenses: 1-10; 9. Dara Rabin, 617 N. Pinecliff Dr., Flagstaff, AZ. Testify as to defenses: 1- 10; 1 See, e.g. United States v. Wylie , 625 F.2d 1371, 1378 (9th Cir. 1980), cert. denied , 449 U.S. 1080, 101 S. Ct. 863, 66 L. Ed. 2d 804 (1981); 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10. Lisa Rabin, 114 San Rafael Ave., San Rafael, CA. Testify as to defenses: 1-10; 11. Ilana Rabin, address presently unknown. 2 Testify as to defenses: 1-10; 12. Erin Ford, address withheld by request due to safety concerns related to retaliation by alleged victim. 3 Testify as to defenses: 1-10; 13. Shanna-Lee Pisani, address withheld by request due to safety concerns related to retaliation by alleged victim. Testify as to defenses: 1-10; 14. Karen McGhee, 5303 E. Cortland Blvd., Flagstaff, AZ. Testify as to defenses: 1-10; 15. Kathryn Whitehead, address presently unknown. Testify as to defenses: 1- 10; 16. Aileen Chu, address presently unknown. Testify as to defenses: 1-10; 17. John Knutson, address presently unknown. Testify as to defenses: 1-10; 18. Gennaro Napolitano, address withheld by request due to safety concerns related to retaliation by alleged victim. Testify as to defenses: 1-10; 19. Paul Deasy, Mayor, City of Flagstaff. Testify as to defenses: 1-10; 20. Lt. Ryan Darr, Flagstaff Police Department. Testify as to defenses: 1-10; 21. Deputy Chief of Operations Scott Mansfield, Flagstaff Police Department. Testify as to defenses: 1-10; 22. Marc Donato, address withheld by request due to safety concerns related to retaliation by alleged victim. Testify as to defenses: 1-10; 23. Christopher McGhee, address withheld by request due to safety concerns 2 For all addresses presently unknown, Defendant expects these to be determined during his investigation. 3 For all witness addresses withheld by request of the witness, Defendant will provide these to the State upon its request and stipulation to be filed under seal. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 related to retaliation by alleged victim. Testify as to defenses: 1-10; 24. Colin Ward, address presently unknown. Testify as to defenses: 1-10; and 25. Colby Ramsay, address withheld by request due to safety concerns related to retaliation by alleged victim. Testify as to defenses: 1-10; III. REQUEST FOR FULL AND PROMPT DISCLOSURE To date, the State has either failed to provide disclosure or it has only disclosed standard police reports containing limited information consisting primarily of the opinions of the officers involved in this case. Until the State makes full disclosure and until interviews can be conducted with the witnesses in this case, the Defendant is unable to make his full disclosure. Defendant therefore requests, pursuant to Ariz.R.Crim.P. 15, disclosure by the State, including: 1. Complete disclosure of all witness statements; 2. All Brady material, including exculpatory and impeaching material; 3. All 404(b) evidence; 4. 609 character evidence; 5. Interviews with all State witnesses; 6. All existing material or information that tends to mitigate or negate the defendant's guilt or would tend to reduce the defendant's punishment; 7. Whether there has been any electronic surveillance of any conversations to which the defendant was a party, or of the defendant's business or residence; 8. Whether a search warrant not previously disclosed has been executed in connection with the case; and 9. Whether the case involved an informant, and, if so, the informant's identity, subject to the restrictions under Rule 15.4(b)(2). Defendant additionally requests disclosure of all the following: 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Complete documentation and all records of any and all participation by Victim Witness related to this case. 2. Disclosure of all ex parte communications between the Coconino County Attorney’s Office and the Court, related to this matter, including ex parte communications occurring prior to Defendant’s arrest on June 8, 2021; 3. Disclosure of all ex parte communications between the Flagstaff Police Department and the Court, related to this matter, including ex parte communications occurring prior to Defendant’s arrest on June 8, 2021; 4. The complete Flagstaff Police Department Policy Manual; 5. All citizen complaints made to the Flagstaff Police Department regarding (Det.) Ryan Forsman since he became employed with FPD in any capacity; 6. All disciplinary actions taken by the Flagstaff Police Department against (Det.) Ryan Forsman since he became employed with FPD in any capacity; 7. All citizen complaints made to the Flagstaff Police Department regarding (Det.) Todd Martinet since he became employed with FPD in any capacity; 8. All disciplinary actions taken by the Flagstaff Police Department against (Det.) Todd Martinet since he became employed with FPD in any capacity 9. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and Flagstaff Mayor Paul Deasy, or any member of Mr. Deasy’s staff or any other City of Flagstaff employee acting on his behalf or at his direction including his counsel, in any manner regarding Defendant, since Mr. Deasy’s election to this office; 10. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and Governor Ducey, or any member of Mr. Ducey’s staff or any other State of Arizona employee acting on his behalf or at his direction including his counsel, in any manner 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 regarding Defendant, since March 16, 2020; 11. Any and all communications, including email and text messages, between the Coconino County Attorney’s Office and Flagstaff Mayor Paul Deasy, or any member of Mr. Deasy’s staff or any other City of Flagstaff employee acting on his behalf or at his direction including his counsel, in any manner regarding Defendant, since Mr. Deasy’s election to this office; 12. Any and all communications, including email and text messages, between the Coconino County Attorney’s Office and Governor Ducey, or any member of Mr. Ducey’s staff or any other State of Arizona employee acting on his behalf or at his direction including his counsel, regarding Defendant in any manner, since March 16, 2020; 13. Any and all communications, including email and text messages, between the Coconino County Attorney’s Office and any employee of the Coconino Sheriff’s Department, regarding Defendant in any manner, since June 7, 2021; 14. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and any employee of the Coconino Sheriff’s Department, regarding Defendant in any manner, since June 7, 2021; 15. Any and all communications, including email and text messages, between any employee of the Flagstaff Police Department and the Arizona Attorney General’s office, regarding Defendant in any manner, since March 16, 2020; 16. Any and all communications between the Coconino County Attorney’s Office and the Arizona Attorney General’s office, regarding Defendant, in any manner, since March 16, 2020; 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 17. Copies of recordings, with transcripts, of any 9-1-1 calls, or other calls made to law enforcement, by any person, in connection with this case. Include a chain of custody with the names and contact information of all individuals who were in control or possession of such audio recordings. Include a chain of custody with the names and contact information of all individuals who were in control or possession of such video recordings; 18. Copies of any and all video recordings made by law enforcement of Defendant, just prior to, during, or after his arrest, including bodycam videos. Include a chain of custody with the names and contact information of all individuals who were in control or possession of such recordings; 19. Any evidence demonstrating that Defendant was asked by law enforcement, prior to signing any Miranda waiver, whether or not he was under the influence of alcohol, illegal or prescribed drugs, over-the-counter medications, or dietary supplements (21 C.F.R. § 192), which may have impaired his ability to freely and fully waive his 5 th Amendment privilege, prior to questioning; 20. Any evidence demonstrating that Defendant was asked by law enforcement, prior to signing any Miranda waiver, whether or not he had any neurological, mental, or emotional impairment, which may have impaired his ability to freely and fully waive his 5 th Amendment privilege, prior to questioning; 21. Copies of any court orders sought by law enforcement, or granted, to permit access to the Coconino County Superior Court case file DO-2016- 00407, which has been under seal since 2018; 22. Complete copies of any and all Arizona Department of Child Safety investigation reports, findings, conclusions, and/or dispositions, involving 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the alleged victim, Dara Michel Rabin; 23. Complete copies of any and all Arizona Department of Child Safety investigation reports, findings, conclusions, and/or dispositions, involving the Defendant; 24. Copies of any communications between DCS and law enforcement regarding Ms. Rabin; 25. Copies of any communications between DCS and law enforcement regarding the Defendant; 26. Copies of any law enforcement investigation reports, findings, conclusions, and/or dispositions, involving Ms. Rabin, since January 1, 2015; 27. Copies of any law enforcement investigation reports, findings, conclusions, and/or dispositions, involving Defendant, since January 1, 2015; 28. Copies of any law enforcement written communications to, with, or from, the Coconino County Superior Court, including all court support personnel, with regard to Defendant, since January 1, 2015; 29. Copies of any law enforcement communications with the Coconino County Superior Court, including all court support personnel, with regard to Ms. Rabin, since January 1, 2015; 30. Copies of all audio and/or video recordings, with transcripts thereof, of any interviews conducted by law enforcement with any person as related to this case, whether or not the State intends to call such person as a witness. Include a chain of custody with the names and contact information of all individuals who were in control or possession of such audio recordings; 31. Copies of all audio and/or video recordings in which the State is in possession, with transcripts thereof, of any telephone conversations involving Defendant, which were recorded while Defendant was in 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 custody at the Coconino County Detention Facility in 2021, whether or not the State intends to offer such recordings into evidence. Include a chain of custody with the names and contact information of all individuals who were in control or possession of such audio recordings; 32. Paper copies of any electronic text messages of which the State is in possession, transmitted to or from Defendant while he was in custody at the Coconino County Detention Facility in 2021, whether or not the State intends to offer such messages into evidence. Include a chain of custody with the names and contact information of all individuals who were in control or possession of such messages; 33. Paper copies of any electronic text messages of which the State is in possession, transmitted to or from Defendant’s personal mobile phone, whether or not the State intends to offer such messages into evidence. Include a chain of custody with the names and contact information of all individuals who were in control or possession of such audio recordings; 34. A complete inventory of any and all materials provided to law enforcement by the alleged victim. The name and contact information of each person interviewed by law enforcement in connection with this case, and a complete inventory of any material provided to law enforcement by same; 35. Whether any search was made by law enforcement of Defendant’s laptop or mobile phone after his arrest on June 8, 2021.If such a search was made, include all documents related to this search, the scope of the search, the evidence sought in connection with this search, and contact information for each person involved in such search(es); 36. Copies of all materials submitted for investigation to the grand jury by the State related to this matter; 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 37. Any documents, materials, or other evidence, which shows the exact date and time that the GPS device owner-information requested from LandAirSea Asset Protection by the Flagstaff Police Department pursuant to search warrant, was received by FPD; 38. Any communications, documents, or any other materials, including internal memos, to or from any employee of the Flagstaff Police Department, which detail or describe in any manner the duties, procedures, or recommendations, for officers investigating stalking allegations; 39. Any communications, documents, or any other materials, including internal memos, to or from any employee of the Flagstaff Police Department, which detail or describe in any manner case number CV-2021- 0002-SA, McGhee v. Deasy, et al. , in the Arizona Supreme Court; 40. Any communications, including text messages or email, documents, or any other materials, including internal memos, to or from any employee of the Flagstaff Police Department, which detail or describe in any manner case number CV-20-08081-PCT-GMS, McGhee v. City of Flagstaff , et al. , in the U.S. District Court for the District of Arizona; 41. Any communications, including text messages or email, documents, or any other materials, including internal memos, to or from any employee of the Coconino County Attorney’s Office, which detail or describe in any manner case number CV-2021-0002-SA, McGhee v. Deasy, et al. , in the Arizona Supreme Court; and 42. Any communications, including text messages or email, documents, or any other materials, including internal memos, to or from any employee of the Coconino County Attorney’s Office, which detail or describe in any manner case number CV-20-08081-PCT-GMS, McGhee v. City of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Flagstaff , et al. , in the U.S. District Court for the District of Arizona. IV. REQUEST FOR INTERVIEWS Defendant requests the State make the following persons available for defense interview: 1. Detective Ryan Forsman, Flagstaff Police Department; 2. Detective Todd Martinet, Flagstaff Police Department; 3. Any and all Coconino County Victim Witness employees who have advised the alleged victim in any manner, since January 1, 2016; 4. Any and all investigators from the Coconino County Attorney’s Office who participated in any manner in the investigation of this case; 5. The alleged victim, Dara Rabin; 6. Officer Charles Chaiken, Flagstaff Police Department; 7. Officer Jesse Schafer, Flagstaff Police Department; 8. John Western Knutson; 9. Sergeant Jacobellis, Flagstaff Police Department; 10. Corporal Leyva, Flagstaff Police Department; 11. Sergeant Bishop, Flagstaff Police Department; 12. Sergeant Alamendarez, Flagstaff Police Department; 13. Corporal Hutchinson, Flagstaff Police Department; 14. Lieutenant Ryan Darr, Flagstaff Police Department; 15. Detective Melissa Seay, Flagstaff Police Department; 16. Deputy Chief Scott Mansfield, Flagstaff Police Department; and 17. Any other person or persons who participated in, or assisted with, any investigation(s) related to the alleged victim’s allegations. V. EXHIBITS Defendant may use papers, documents, photographs, audio recordings, video 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 recordings, charts, diagrams, expert witness reports, test results, and other tangible objects at trial. Inspection may be arranged upon reasonable notice to Defendant. VI. SUPPLEMENTS TO THIS DISCLOSURE Defendant reserves the right to supplement this disclosure at any time as needed to comply with Arizona Rules of Criminal Procedure. /s/ Joseph McGhee Joseph Martin McGhee P.O. Box 91 Flagstaff, Arizona 86002 Defendant, in Pro per The foregoing filed, and served electronically, via EFileAZ, and a COPY via email to: Ammon Barker Deputy Coconino County Attorney abarker@coconino.az.gov Sandra Klotz Legal Assistant to Prosecutor sklotz@coconino.az.gov Carrie Faultner Division II Judicial Assistant cfaultne@courts.az.gov