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Legal

Attorneys say appeal for grand jury testimony in Cochise County supervisor case comes too late

PHOENIX — Attorneys for the state say it’s too late for indicted Cochise County Supervisor Tom Crosby to target the credibility of its former lead investigator in his latest bid to dismiss his criminal charges.

Assistant Attorney General Todd Lawson claims Crosby, indicted for his role in seeking to delay certification of the 2022 election, cannot legally access the transcript or any material from an unrelated — and now-sealed — criminal case. And even if his lawyers could, Lawson said, the effort would be “futile,” since it’s too late for Crosby’s attorneys to ask the court to remand his case to the state grand jury.

“The entire (unrelated) Russell case, including grand jury transcripts, has been sealed and the defendant is not eligible to access the case records under any circumstance,” Lawson told Maricopa County Superior Court Judge Suzanne Marwil. “But even if he were eligible to access the transcripts, the defendant does not make a sufficient showing of need to warrant unsealing the transcripts of a separate, sealed case.”

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