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Apache County attorney has disappeared amid investigation. Now, some are calling for his resignation

gavel in a courtroom
Michał Chodyra/Getty Images
Gavel in courtroom.

The Apache County attorney is under investigation, and the workers in his office don’t seem to know where he is. The state Attorney General’s Office searched the office last week, and county attorney Michael Whiting hasn’t been there since. Meanwhile, staffers in his office have called for Whiting to resign.

Reporter Jenn Moreira covers Apache County for the White Mountain Independent and joined The Show to talk about what’s happening.

Full conversation

MARK BRODIE: Jenn, what do we know about why agents for the attorney general executed a search warrant at the county attorney's office last week?

JENN MOREIRA: So, unfortunately, we do not know a lot because everything is sealed. So we've had a few communications come directly from the AG's Office, but the basis for the investigation of what we do know is for alleged misuse of public funds and the intimidation of a political opponent. So we know that the warrants were served on the office for those two purposes. And from what we know right now, there is no warrant for arrest. It's just a warrant, search warrants that have been served at this time.

BRODIE: And do we know what that search entailed? Like what the AG's agents were looking for, if they took anything, if, who they talked to, anything like that?

MOREIRA: So on the morning of June 4th at approximately 10 a.m. is when they entered the offices to begin the search warrant. We do know that the staff was moved out to the lobby while the searches were performed. The AG's office was assisted by DPS. So they were there to assist. We do know they locked down the offices for a few days, but whether they've turned up anything yet, we do not know. There's not a lot coming out of that office. Staff is not speaking besides the letter that they sent to the Board of Supervisors and the State Bar of Arizona asking for Michael Whiting to resign. So there's been silence out of that office. And through Friday of last week, the office did remain locked.

BRODIE: So you mentioned the letter that the attorneys, some number of the attorneys in the Apache County Attorney's Office, sent asking for the county attorney to resign. What are they citing as their reasons for that?

MOREIRA: Ethical violations. So they, they saw the search warrants and the details of the search warrant. So they're obviously privy to that information in their letter. They stated that he was the primary figure involved in those search warrants, that he had not been in the office, that he had not been honest with them with his whereabouts. So they cited a few ethical violations, which is also why the, their letter was also copied and sent to the State Bar of Arizona, to probably open ethic investigations with Mr. Whiting.

Jenn Moreira
Jenn Moreira
Jenn Moreira

BRODIE: All right. So you talked about his whereabouts. We really don't know where he is, is that right?

MOREIRA: From what we know and from what I know, he has not been in the office, he does communicate with our publication. He communicates with me via a personal email account. I did get a, a comment from him that he is not going to resign and that he is going to work closely with the AG's office and cooperatively with the AG's office. So he's, he's responsive to our publication. If I email him a question, he does respond in a, in a timely manner. But as far as a physical location, for me personally, I don't know, and I haven't heard any updates on whether or not he's actually been in the office at this point.

BRODIE: Has he said anything about why he hasn't been at the office?

MOREIRA: No, I've honestly not asked that question. But he, he's not said specifically why. In the letter from his staff, the staff did mention that he had responded to them saying at, at one point later in the day that he was an appointment on appointments up north. Staff had said they believe that not to be true. I know the morning of the investigation by the AG's office, when it began, it was the Board of Supervisors meeting for Apache County and he was present there. I was also present there, that meeting wrapped early, but I'm sure with all of the district supervisors down that they probably have meetings through the morning.

Staff did say in, in their letter to him that they were in contact with him immediately when the AG's office arrived with DPS. He did ask about the search warrants. They read him a little but they had suggested he come in and read it because they were long and that was the last that we really heard about contact between him and staff. And to my knowledge and I could be wrong, he's not been in the office is, is my understanding.

BRODIE: Well, and in your communication with him, has he addressed the allegations against him from the Attorney General's office?

MOREIRA: Not specifically, I don't think anybody can because it's sealed. So he's not said much of anything besides confirming what we already know, which is misuse of public funds and intimidation of a political opponent He's not come out and said anything really related specifically to those charges. But what he has said is that he will continue to serve the people of Apache County and work closely with the AG's office.

BRODIE: So you mentioned that the office had been locked, like, is it functional? Like obviously, there's a lot of cases, a lot of business that this office is involved in on a day to day basis, are they able to do that?

MOREIRA: I'm gonna guess based on the letter from his staff that there have been issues with them being able to perform the duties of the office. That's one of the things that they stated in their letter to him, is that I had received initial comment from him, I think it was the evening of everything kind of came to the front on Wednesday, saying that the office was running and that they were continuing to help the community. And then it was following that, that the staff's letter came out and said, no, you are not here. We are locked down. We have been unable to support the community.

And I believe that's why the AG's office stepped in with oversight on Friday of the office and basically had the the chief, deputy county attorney take over with their oversight and all expenses are to be reviewed with the AG's office. And you know, so basically that oversight was done, the office could open and continue to help the community and work the cases that they have been working.

BRODIE: What is the response to all of this been in the community?

MOREIRA: So for the most part in the community, there's. so we're getting a lot of anonymous tips from the community who want to, you know, say things about Mr. Whiting. There is some feedback on support regarding Mr. Whiting. You know, I think the community, some people in the community are shocked. I think there's some people who have been opposed to him for a long time that are happy about this. But then, you know, it's he has his supporters, which are strong support for him. And then there are people who are against him. So it's probably mixed emotions in the county.

I think the biggest concern right now is that that office open and be able to support the community as it has and pending cases be taken care of, et cetera because it, it was locked. I've tried to go there to get comment from staff and I went as late as Friday of this week and, and the door was locked during, you know, normal open hours.

KJZZ’s The Show transcripts are created on deadline. This text may not be in its final form. The authoritative record of KJZZ’s programming is the audio record.

Mark Brodie is a co-host of The Show, KJZZ’s locally produced news magazine. Since starting at KJZZ in 2002, Brodie has been a host, reporter and producer, including several years covering the Arizona Legislature, based at the Capitol.
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