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Bisbee approves recovery act funds for nonprofits
  • Updated

BISBEE — In an effort to help Bisbee’s nonprofits, which had difficulty with fundraising during the pandemic, the mayor and City Council awarded $107,782 to 21 agencies in a special meeting Thursday night.

The city received American Recovery Act Program funds and decided to help out the struggling nonprofits, which were encouraged to apply for funds. Some did, but there were many nonprofits that did not apply.

So, the council decided to allow more time for nonprofits to apply and added questions to the applications which more specifically identified the agencies’ needs in regard to the financial impact of the COVID–19 virus.

Mayor Ken Budge said, “We asked for the additional information so we could look at each application and then we ranked them. We asked ourselves if we should grant the total sum they asked for or could we find an alternative amount we could give so everyone received some money.”

Councilwoman Anna Cline said, “We will not have to leave anybody out. This is fair.”

Councilmembers Frank Davis, Lou Pawlik, Leslie Johns and Mel Sowid agreed.

There were 23 applications at first, but Bisbee Bikeways, an organization that wants to make Bisbee’s streets safer for pedestrians and cyclists, pulled its application requesting $20,000.

One of the applications, made by Subway Underground, was denied funding as it was not a nonprofit. The council reasoned since it was a group of business owners it did not want to set a precedent as there are a few merchant-driven business groups in town.

The 22 applications left for consideration totaled $162,393, more than the mayor and council wanted to commit. It was originally set at $75,000, but then they decided to offer $85,000 to $100,000 to the nonprofits.

Bisbee Bloomers was unable to hold its annual garden tour fundraiser last year, which usually raises around $5,000 in the September event. Those funds pay for mutt mitts and supplies needed to keep up Bisbee parks. Though they did not receive the requested $5,000, the mayor and council approved $4,000.

Kiwanis Club of Bisbee needed help to maintain the scholarship fund and provide awards and supplies to students in the Bisbee and Naco unified school districts. The club lost big funding when the Turquoise Valley Golf Course closed and it lost the annual golf tournament fundraiser. The club asked for $5,000 and received $4,830.

The Bisbee Womans Club and the Bisbee Restoration Museum sought funding for building repairs. They were awarded $4,830 and $13,200, respectively.

Bisbee Mining and Historical Museum needed funding to repair the elevator for handicapped visitors and gave an estimate of $6,000. The council awarded $5,350.

In all, 21 awards, were unanimously approved. They rest were:

Central School Project, $4,830. Asked for $5,000

Community Montessori School, $5,700. Asked for $6,300.

Bisbee Science Exploration & Research Center, $8,114. Asked for $16,800.

Bisbee Holistic Wellness Center, $1,857. Asked for $2,300.

Bisbee Coalition for the Homeless, $8,714. Asked for $10,000.

BHS Athletics Fund Organization, $4,800. Asked for $5,000.

Bisbee Seniors Association, $2,685. Asked for $2,800.

Bisbee Rotary Club, $3,000. Asked for $3,000.

Bisbee Pride, $3,417. Asked for $7,500.

Bisbee Vogue, $1,583. Asked for $5,000.

St. Vincent DePaul Bisbee Conference, $1,000. Asked for $1,000.

Bisbee Community Chorus, $2,400. Made two requests: one for $2,500 and one for $5,000.

Bisbee Community Y, $11,056. Asked for $16,169.

Friends of the Bisbee Animal Shelter, $7,667. Asked for $10,000.

Veterans of Foreign Wars, $4,600. Asked for $20,000.

Healthy Bisbee, $3,142. Asked for $5,000.

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Defense lawyer: Grand jury misled by county attorney in rape case
  • Updated

The Cochise County attorney misled a local grand jury when he presented evidence from several sexual assaults committed in Maricopa County in order to get the panel to indict a retired Border Patrol agent already charged in those offenses with a Bisbee rape, the defendant’s attorney said this week.

As a remedy, defense attorney Dana Hogle is asking a judge to remand the case to a Cochise County grand jury because he claims County Attorney Brian McIntyre’s presentation to the panel was based mostly on evidence from Maricopa County sexual assault cases in which defendant John Daly was indicted.

After McIntyre presented the case to a Cochise County Grand Jury concerning a Bisbee rape that occurred in 2001, it returned a true bill against Daly, a retired Border Patrol supervisor.

After the Tuesday hearing, Hogle told the Herald/Review that about 90% of the evidence presented to a Cochise County grand jury was based on evidence from Maricopa County.

“The state’s entire presentation to the grand jury was based on unproven allegations that the state presented as true facts with the intention to sway the minds of the jurors into thinking that if the defendant committed a crime in Maricopa, therefore, he probably did it here (in Cochise) too,” Hogle’s reply to McIntyre’s response to the motion states. “That is not how the grand jury system is supposed to operate and denied defendant due process.”

McIntyre argued that in sexual assault matters, state rules allow for the presentation of evidence from other cases the defendant is accused in, if that information is relevant to the case being considered by the grand jury.

“Arizona Rule of Evidence specifically provides for the admission of such evidence when the defendant is charged with a sexual offense and permits evidence of the defendant’s other crimes, wrongs, or acts to be admitted ‘if relevant to show that the defendant had a character trait giving rise to an aberrant sexual propensity to commit the offense charged,’ “ the response says.

Daly, 57, was arrested in early May by a contingent of law enforcement officers at his house on Jaxel Road in Hereford after investigators obtained surreptitious DNA evidence pointing to him as the “East Valley Rapist.” An unknown suspect had been wanted for more than two decades for eight rapes in Mesa, Chandler and Gilbert and one rape in Bisbee. The assaults occurred between 1999 and 2001, investigators said.

Daly was recently indicted on three of the Maricopa County attacks, as well as in the Bisbee assault, officials say. Charges have not been filed in the remaining five incidents because more investigation is needed, detectives have said.

Shortly after Daly’s arrest, Mesa Police, the lead agency in the investigation, released basic information on the three cases Daly faces charges on that occurred in Gilbert and Mesa. In each instance, the victim was blindfolded and raped. Additionally, the suspect in all three incidents entered the victim’s house via an open window or door, and all three attacks occurred in the early morning hours.

In the Bisbee incident report, the victim told police she escaped her attacker, ran out to the hallway of her apartment building and began screaming as she knocked on her neighbors’ doors.

One of the victim’s neighbors, also a Border Patrol agent, took her into his apartment and called police, the report shows. The neighbor, whose name was redacted from the report, told police he saw the woman standing in the hallway nude with tape across her eyes and cords binding her hands.

The victim said she was able to see a bit through a gap in the tape across her eyes and noticed the suspect wore white sneakers with black stripes and brown camouflage pants, the report shows.

The neighbor described in the report was wearing the same type of pants, Hogle’s motion shows. That individual has since died.

Cochise County Superior Court Judge Timothy Dickerson, who is hearing the matter, said he would take Hogle’s motion under advisement.

Daly, who appeared at the hearing via video from the Cochise County Jail, remains incarcerated without bond.