IN THE OFFICE OF ADMINISTRATIVE HEARINGS. witness to be called by the Maricopa County Attorney. A full summary of each

Transcription

1 WILLIAM G. MONTGOMERY MARICOPA COUNTY ATTORNEY By: M. COLLEEN CONNOR State Bar No. 01 MICHAEL R. McVEY State Bar No. 00 Deputy County Attorney MCAO Firm No CIVIL SERVICES DIVISION Security Center Building North Central Avenue, Suite 10 Phoenix, Arizona 00-0 Telephone (0) 0-1 Attorneys for Maricopa County Attorney's Office IN THE OFFICE OF ADMINISTRATIVE HEARINGS In The Matter Of, TOM HORNE, Tom Horne for Attorney General Committee (SOS Filer ID ); KATHLEEN WINN, Business Leaders for Arizona (SOS Filer ID 0 00) NO. 1F-CF MCAO MARICOPA COUNTY S AMENDED WITNESS & EXHIBIT LIST (Assigned to the Honorable Tammy Eigenheer) The Maricopa County Attorney s Office submits its Amended Witness & Exhibit list. What follows is a brief description of the expected testimony of each witness to be called by the Maricopa County Attorney. A full summary of each witnesses expected testimony can be found in the reports previously provided, as well as interview transcripts with such witnesses. 1

2 Maricopa County intends to call the following witnesses: 1. Kathleen Winn Ms. Winn is expected to testify regarding her actions on behalf of Business Leaders for Arizona, her political campaign activity related to the 0 election for Attorney General, her interaction and communications with the candidate, officers and agents of the 0 Tom Horne political committee, and her subsequent employment with the Attorney General s Office.. Tom Horne Mr. Horne is expected to testify to his knowledge of the independent expenditure committee, his efforts to raise money and direct the expenditures and messaging for Business Leaders for Arizona committee, and his interaction and communications with the Kathleen Winn and officers and agents of the 0 Tom Horne political committee.. Carmen Chenal Ms. Chenel is expected to testify to her knowledge of the independent expenditure committee, Business Leaders for Arizona, her interaction and communications with the Kathleen Winn and officers and agents of the 0 Tom Horne political committee, and her role in the 0 campaign and subsequent employment with the Attorney General s Office.. James Keppel Mr. Keppel is expected to testify to regarding his former employment with the Attorney General s Office, the internal investigation at the Attorney General s Office regarding information leaked to the New Times, the evidence uncovered during the investigation, and communications with and admissions by Tom Horne and employees of the Attorney General s Office regarding the relationship between Business Leaders for Arizona and the Tom Horne campaign committee.. Deborrah Miller Ms. Miller is expected to testify regarding her work for the Tom Horne campaign in the 0 election and the calendar of campaign events she maintained, her relationship with and communications regarding Kathleen Winn during the campaign, statements made by Mr. Horne and members of his campaign regarding the coordination with the independent

3 expenditure committee, and her employment with the Attorney General s Office.. Greg Tatham Mr. Tatham is expected to testify to his knowledge of the independent expenditure committee and his knowledge of Mr. Horne s commercial real property transactions.. Brian Murray Mr. Murray is expected to testify to the work fundraising and producing the television commercial for Business Leaders for Arizona during the 0 campaign, his telephone and communications with Kathleen Winn in October 0, the sent to his attorney regarding his concern about coordination between the two committees, and his knowledge of Kathleen Winn s interaction with the Tom Horne campaign.. Brian Grehoski, Special Agent, FBI Mr. Grehoski will testify regarding the information obtained by Meg Hinchey, the scope of the FBI investigation and FBI procedures, the interviews he conducted with contributors and political consultants to Business Leaders for Arizona and interviews with officers and agents of the Tom Horne campaign, and contents of the documentation the FBI gathered throughout this investigation into the coordination and collaboration between Business Leaders for Arizona and the Tom Horne campaign.. Lucia de Vernai Lucia de Vernai is expected to testify regarding her experience working for the Tom Horne campaign prior to the 0 election, the internal investigation at the Attorney General s Office regarding information leaked to the New Times, her employment at the Attorney General s Office, the evidence uncovered during the investigation, and communications with and admissions by Tom Horne and employees of the Attorney General s Office regarding the relationship between Business Leaders for Arizona and the Tom Horne campaign committee.. Karen Osborne, Maricopa County Elections Director

4 Karen Osborne will testify regarding Arizona s independent expenditure law and restrictions on coordination between the candidate and independent expenditure committee organized to benefit the candidate. Maricopa County intends to use the following exhibits: 1. Transcript of Eugene L. McKenzie, Jr. interview March 0, 01. [MC MC-0000]. Summary of telephonic investigation of Lowell Keith Brunner conducted on 0/0/01. [MC-0000-MC-0000]. Summary of information provided by Ryan Ducharme, dated 0/1/01. [MC-000-MC-000]. Transcript of Sharon Collins, interview date 0/1/01 [MC-000-MC- 0001]. Transcript of Sharon Collins, interview date 0/1/01 [MC-0001-MC- 0001]. Transcript of Sharon Collins, interview date 0/1/01. [MC-0001-MC- 0001]. Transcript of Lucia DeVernai, interview date 01/1/01. [MC-0001-MC- 0001]. Transcript of interview with Thea Farmer on 0/0/01. [MC-0001-MC- 000]. Summaries of interviews on 0/01/01 & 01/1/01 between Mark Goldman and special agents regarding Goldman s $, contribution to BLA. [MC-000-MC-0000]. Transcript of interview with Mark Goldman on January 1, 01. [MC MC-0001]. Summary of interview on 0/0/01 between Gregory Y. Harris and special agents regarding checks he delivered on two separate occasions and contacts with Winn & Chenel. [MC-000-MC-000] 1. Subpoena Duces Tecum to Texas Loan Corporation & Transcript of interview with David King on March, 01. [MC-0000-MC-000]

5 Transcript of interview with Ron Lebowitz on March, 01, summary by special agents & transcription of March 1 th voice mail left by Ron Lebowitz. [MC-000-MC-000] 1. Transcript of interview with Brett Mecum on April 0, 01. [MC MC-000] 1. Transcript of interview with Deborrah Miller on March, 01. [MC- 000-MC-0000] 1. Agent summary dated June 0, 01 of phones calls Deborrah Miller received. [MC-0000-MC-0000] 1. Transcript of interview with Brian Murray on April, 01. [MC-000- MC-000] 1. Transcript of interview with Brian Murray on April, 01. [MC-000- MC-00] 1. Documents provided by Deborrah Miller regarding Horne campaign, includes various s, a calendar and supporting event materials. [MC- 001-MC-001] 0. FBI memo regarding contributions made by the Lee Schear and his family in hopes of electing individuals who were less opposed to the pay-day loan industry. [MC-001-MC-001] 1. Memo dated May, 01, written by Mark Stribling regarding meeting with FBI agents concerning Kathleen Winn s involvement with BLA and the Tom Horne campaign. [MC0010-MC00]. Copy of check in the amount of $, from Steven Ellman to BLA, dated October, 01. [MC-001]. from David King to Bridgette Villines dated October 1, 0, regarding contribution to Business Leaders for Arizona concerning issuance of a check in the amount of $1, [MC-00]. Photo copies of checks from the Texas Loan Corporation, Gene and Linda McKenzie, & David and Nancy King. [MC-001-MC-001]. All dated October 0, 0, between Kathleen Winn and Brian Murray, re: Horne VO. [MC-001 & MC-001]

6 dated October, 0, from Brian Murray to Steve Sparks in which Murray makes Sparks aware Murray warned to Winn to cease contact with Horne.. All dated October, 0, between Kathleen Winn and Tom Horne regarding recent polls, including forwarded from Ryan Ducharme. [MC-001-MC-001]. dated October 1, 0, from Kathleen Winn to Brian Murray regarding Rotellini Rough cut. [MC-001]. dated October, 0, from Kathleen Winn to Brian Murray, news article titled National groups pump nearly $1M into last-minute adds for Horne, Rotellini. [MC-00-MC-00] 0. dated October, 0, from Kathleen Winn to Brian Murray regarding BLA media Buy. [MC-001] 1. dated September, 0, from Kathleen Winn to Deb Miller regarding Tom s schedule. [MC-001]. dated October, 0, from Kathleen Winn to Brian Murray regarding money and ads. [MC-001]. dated October 1, 0, from Kathleen Winn to Brian Murray regarding Rotellini Rough Cut. [MC-000]. Photo copy of BLA checking account summary and copies of various checks. [MC-00-MC-00]. Political Committee Statement of Organization for Business Leaders for Arizona, dated 1//0, signed by Kathleen Winn as Chairman on 1/0/0. [MC-001-MC-001]. Photo copies of checks written to Business Leaders for Arizona, daily transactions log for BLA account and checking account summaries. [MC- 001-MC-001]. Campaign Finance Report for BLA, June 0 0 report and Amended 0 Post-General Election Report, Election Cycle 00-, date filed February 1, 01, Reporting Period October 1, 0-November, 0. [MC001-MC-00]

7 Campaign Finance Report for BLA, Amended 0 Post-General Election Report, Election Cycle 00-, date filed December, 0, Reporting Period October 1, 0-November, 0. [MC001-MC-0010]. Campaign Finance Report for Republican State Leadership Committee, Amended 0 Post-General Election Report, Election Cycle 00-, date filed December, 0, Reporting Period October 1, 0-November, 0. [MC00-MC-001] 0. dated April 1, 0, from Maureen Riordan to Kathleen Winn regarding Response to BLA s good cause request. [MC-001-MC- 001] 1. Secretary of State s file 0-00, 0 for BLA. [MC-001-MC- 000]. Secretary of State s file 0-00, 01 for BLA. [MC-000-MC- 000]. Secretary of State s file , 01 for Tom Horne for Attorney General. [MC-0000-MC0001]. UMB Financial Corporation s response to a Subpoena Duces Tecum served on December 1, 0. [MC ]. BLA Amended 0 Pre-General Election and Post General election campaign finance reports. [MC-001-MC-001]. Affidavit of Kathleen Winn, dated March 0 th 01. [MC-00-MC- 00]. Second Amendment to Affidavit of Kathleen Winn, dated May 0 th, 01. [MC-00-MC-00]. Documents related to the investigation of Tom Horne and Kathleen Winn and the Independent Expenditure Committee known as Business Leaders for Arizona, provided by Special Agent Hinchey. [MC-001-MC-00]. Search Warrant #SW01-000, dated May, 01, for Horne and Winn s. [MC-00-MC-000] 0. Return of Search Warrant dated May, 01, with attached documents regarding s obtained. [MC-001-MC-00]

8 Stribling Memo dated Mary, 01, with attached documents regarding execution of search Warrant SW# upon Google. [MC-00- MC-00]. Stribling Memo dated May, 01, with attached documents regarding search Warrant SW# upon Google. [MC-00-MC-00]. Subpoena Duces Tecum served February 1, 01, upon Kathleen Winn, copy of Winn s journal attached. [MC-00-MC-000]. FBI Memo dated July 1, 01, regarding telephonic interview of Greg Tatham by SP Merv Mason on May 1, 01, regarding sale of strip mall owned by Tom Horne with attached real property documents and provided by Greg Tatham.. Documents obtained from First American Title Insurance regarding Horne property SEC of th Ave. & McDowell Rd.. State of Arizona Political Committee Statement of Organization filed by Kathleen Winn, dated December 1, 00 and amended Statement of Organization dated January, 0.. Two s from the Secretary of State confirming receipt of the campaign finance reports for January 1 st and June 0 th reports that were filed on July 1, 0.. dated August 1, 0, from Kathleen Winn to the Secretary of State explaining that the BLA s Preliminary Election Report was late because she was out of town.. Various s for the time period of September, 0-October 1, 0, between Tom Horne, Winn, Carmen Chenal, Michael Vargas, Gail Jackson, Kim Owens, Tim LaSota, Deb Miller, Russ Jones and Chuck Johnson showing Winn s involvement in the Horne campaign after the Primary Election, all as set forth in the Order Requiring Compliance dated October, dated October 1, 0, from the Secretary of State confirming receipt of the Post Primary Election Report on October 1, Affidavit of Kathleen Winn signed May, 01.

9 s and documents produced by Brian Murray and Lincoln Strategy Group regarding the Rotellini commercial and script in response to a subpoena duces tecum.. Video clip from the Tom Horne for Attorney General victory party following the General Election showing Tom Horne giving an award to Kathleen Winn, and Kathleen Winn giving an award to Tom Horne.. Order Requiring Compliance issued by the Maricopa County Attorney s Office In the Matter of Tom Horne, Tom Horne for Attorney General Committee, Kathleen Winn, and Business Leaders for Arizona, and all exhibits attached thereto.. Reasonable Cause Notice In the Matter of Tom Horne, Business Leaders for Arizona, (SOS Filer ID 000), and Kathleen Winn, dated September 0, 01.. Letter dated September 0, 01, to Bill Montgomery from Ken Bennett, requesting a review of materials associated with the expenditure committee Business Leaders for Arizona.. All telephone records obtained throughout the course of the investigation by the FBI and the Maricopa County Attorney s office regarding Thomas Horne, Kathleen Winn, Chuck Johnson, Mike Vargas, and Brian Murray.. All documents and information obtained throughout the investigation by the FBI and the Maricopa County Attorney s Office regarding Thomas Horne and Kathleen Winn.... RESPECTFULLY SUBMITTED this 1 th day of February, 01. WILLIAM G. MONTGOMERY MARICOPA COUNTY ATTORNEY BY: s/ Colleen Connor COLLEEN CONNOR Deputy County Attorney Attorney for the Maricopa County Attorney's Office

10 ORIGINAL of the foregoing was E-FILED this 1 th day of February, 01, and electronically submitted to registered parties of record: Honorable Tammy Eigenheer Administrative Law Judge ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS 100 West Washington Street Suite 1 Phoenix, Arizona 00 casemanagement@azoah.com Michael D. Kimerer, Esq. KIMERER & DERRICK, P.C. 1 East Indianola Avenue Phoenix, Arizona 01 MDK@kimerer.com Attorney for Tom Horne for Attorney General Committee and Tom Horne Timothy A. La Sota, Esq. TIFFANY & BOSCO, P.A. East Camelback Road rd Floor Phoenix, Arizona 01- tal@tblaw.com Attorney for Business Leaders for Arizona and Kathleen Winn s/ Jennifer Christiansen Larry L. Debus, Esq. DEBUS KAZAN & WESTERHAUSEN LTD East Palm Lane Phoenix, Arizona 00 lld@dkwlawyers.com Attorney for Kathleen Winn