Ochser pleads “not guilty” to misdemeanor charges

By Tommy Acosta, Sedona-Verde Valley times

Sedona, AZ - May 6, 2008 - Flagstaff attorney Bruce Griffen entered a “not guilty” plea this week to a misdemeanor complaint filed April 9 against Clifford Ochser in Sedona Municipal Court by Sedona City Attorney Mike Goimarac.

Mr. Ochser was charged with two misdemeanors in connection with an anonymous letter sent to a former Sedona City Council mayoral candidate early this year.

The complaint charges Mr. Ochser with harassment, under Arizona Revised Statute 13-2921, a Class 1 misdemeanor.

The second misdemeanor charge, under ARS 13-3004, accuses Mr. Ochser with delivering a letter to the former candidate threatening to "expose" him, a Class 2 misdemeanor.

Mr. Griffen is criminal trial defense attorney in charge of the criminal-defense division of the Aspey, Watkins & Diesel law firm in Flagstaff.

He said his defense will focus on the constitutionality and applicability of ARS 13-3004, which states: “A person who knowingly sends or delivers to another a letter or writing, whether subscribed or not, threatening to accuse him or another of a crime, or to expose or publish his failings or infirmities, and a writer or sender of an anonymous letter or writing calculated to create distrust of another or tending to impute dishonesty, want of chastity, drunkenness or any crime or infirmity to the receiver of the letter or to any other person, is guilty of a class 2 misdemeanor."

"We have very serious concerns about the constitutionality of that statute," Mr. Griffen said. "We will be taking a careful look to see how it affects free speech. Arizona has many old, antiquated and infrequently used statutes that are no longer compatible with common thought. It is an unusual law. At first blush it appears offensive to what we normally would see as free speech in our society. In my 30-years experience as a criminal trial defense attorney I have never come across this statute."

Sedona City Attorney Mike Goimarac said he would be prosecuting the case.

"After an investigation and review, we felt we had probable cause and we filed the complaint," Mr. Goimarac said.

Mr. Griffen said the harassment charge will also be fought.

"The statute concerning harassment is more current," he said. "The question is it's applicability to Mr. Ochser's situation."

No trial date has yet been set.
 

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