Potential investigative misconduct under review in Arizona election interference case

Cochise County Supervisor Tom Crosby claims the lead investigator in his election interference case has been dishonest in the past and isn't a credible witness.PHOENIX (CN) — An Arizona state judge said Friday she will review a sealed grand jury transcript in an unrelated criminal case to determine whether it contains false statements made by the lead investigator in the election interference case against a county supervisor.Cochise County Supervisor Tom Crosby — a Republican indicted in 2022 of conspiring with a fellow supervisor to interfere with the duties of an election officer by delaying the county canvass — says a history of mistruths proven by the sealed transcript would impeach the credibility of Special Agent Knuth and justify a remand to the grand jury in his own case.Though state law bars Crosby from accessing sealed records himself, Maricopa County Judge Suzanne S. Marwil says she will conduct an in camera review to determine whether Crosby’s theory is true.If it confirms what Crosby has argued, she said Crosby will have no particularized need to access the full transcript. If it differs, she will ask the parties for arguments at a later date.Regardless, Marwil told Crosby in court that he likely doesn’t need more evidence of Knuth’s mistruths.“I think the state concedes that,” she said.Knuth resigned from the attorney general’s office in January while under investigation for submitting a police report with falsified statements in fall 2025. During the internal affairs investigation, the state found that Knuth inaccurately reported his hours on official timesheets between October 2025 and January 2026.Crosby’s defense team now questions the integrity of the investigation into Crosby, and intends to file a motion to reconsider the previously denied motion to return the case to a grand jury unbiased by an investigator with a known history of dishonesty.The unrelated case now brought back into question regards the prosecution of Sandra Russell, a former Cochise County Superior Court candidate who was indicted on perjury charges after questions arose concerning statements she made regarding residency requirements.Russell moved to remand, arguing that Knuth presented misleading evidence to the grand jury, which was granted by a state judge. A new grand jury declined to indict her, absent Knuth’s testimony.Now in possession of the motion to remand in the case that is otherwise under seal, Crosby seeks the full transcript to determine the accuracy of claims against Knuth’s credibility.State law typically prevents the disclosure of sealed case records, but the state is required to produce sealed case records for any person whom the state intends to call as a witness in a prosecution.Crosby argued that prosecutors’ previous statements make Russell a state witness and therefore open her sealed records to the defense, but prosecutors confirmed Friday that they do not plan to call her, barring that legal avenue.“There’s no avenue for the defendant to get those transcripts,” state prosecutor Casey Ball said.Even if Marwil’s in camera review confirms Crosby’s belief, prosecutors say Crosby can’t use it for his case because the underlying documents are still under seal.Marwill said that may depend on how Crosby acquired the documents. She asked his attorneys to file an affidavit under seal explaining how it was procured.Even if Crosby can use it, Marwil said a motion to reconsider may not be the correct vehicle for his argument. Because Knuth’s dishonesty was not an issue raised by the original motion to remand, Marwil said any suggestion that she consider it now would be a new argument, rather than a reconsideration.William Fischbach, representing Crosby, said Crosby still deserves the opportunity to raise the issue.“We didn’t know about Knuth 45 days after the original grand jury indictment because it wasn’t disclosed to us,” he said. “We can’t be blamed that it didn’t come out until years after the grand jury.”Marwill agreed, but suggested that the better route may be a renewed motion to dismiss based on newly-acquired evidence.Both Crosby and fellow Cochise County Supervisor Peggy Judd were indicted on two counts: interference with an election officer and conspiracy. Judd pleaded guilty in October, but Crosby maintains his innocence.As the Republican majority on rural Cochise County’s three-supervisor board, Crosby and Judd voted before and on Nov. 28, 2022 — the legal deadline to canvass county election results — to delay the canvass until Dec. 2, three days before the secretary of state’s deadline to certify statewide results.Although Crosby had no reason to believe the election was rigged, he says he did so to provide an opportunity for voters to raise election integrity concerns.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads