Don’t Feed the Inmates: Arrested Lawyer Learns Lesson the Hard Way
Updated: An Arizona lawyer may have a sour taste in his mouth after being arrested for passing sweets to a client in court.
Lawyer Damon Rossi of Prescott is accused of giving his shackled client a piece of candy during a court hearing, even though two detention officials told him not to do it.
Rossi was arrested at his home last Thursday, a day after the candy caper, according to spokesman Dwight D’Evelyn of the Yavapai County Sheriff’s Office. KHPO.com and the Associated Press reported the arrest.
D’Evelyn told the publications that Rossi asked the detention officers if he could give his client a piece of candy, then ignored their answer when they said he could not do it. D’Evelyn claims Rossi responded, “What are you going to do, arrest me?” before placing the candy in the inmate’s mouth.
Judge Arthur Markham of Prescott released Rossi on his own recognizance the afternoon of the arrest, says Rossi’s lawyer, Jim O’Haver. Press reports said Rossi was accused of passing contraband to a prisoner, but O’Haver tells the ABA Journal that no criminal complaint was ever filed.
D’Evelyn indicated that officials were worried about the candy contraband issue. “The concern we have is that no contraband should be passed to an inmate,” D’Evelyn told KPHO.com. “That’s the rule. We don’t know what’s in it. If we allow attorneys to feed our inmates it would be a security issue. They get fed three squares a day and we don’t feed them in court.”
O’Haver takes issue with the contraband characterization. He quotes the relevant Arizona statute, which defines contraband as a narcotic drug, deadly weapon, intoxicating liquor, dangerous instrument, explosive or other item that could endanger safety or order.
“A piece of candy is not contraband under Arizona law,” he asserts.
O’Haver wouldn’t say what kind of candy is at issue, and refused comment on any other “factual particulars.” Nor would he say whether there is a chance a criminal complaint could still be filed.
“If I had a crystal ball I’d been down at the local casino at the roulette wheel,” O’Haver says. “I decline to speculate on future events.”
Updated at 1:15 p.m. CT to include interview with Jim O’Haver.
