The Maricopa County Attorney’s Office is rebuffing a judge’s request to notify defendants in past convictions that a leading Phoenix homicide detective had a history of misconduct and lied about it.
Maricopa County Superior Court Judge Kevin Wein made the request back in September in an order overturning a conviction.
Wein ruled that evidence about Det. Jennifer DiPonzio’s history of misconduct should not have been hidden from the defense and asked for it to be disclosed in all her cases.
MCAO declined to comment and didn’t answer questions about the judge’s ruling.
“MCAO needs to start informing defendants that are impacted by DiPonzio’s actions and then let the court actions play out,” said Seth Apfel, a defense attorney involved in the legal battle over DiPonzio’s role in past cases. “Some people will remain convicted. Other people will have grounds for relief. Some people may be actually innocent. It’s up to the court system to flush that out.”
Apfel filed a post-conviction appeal on behalf of Randall Barnes, who was facing a first-degree murder charge and eventually pleaded guilty to manslaughter.