Mary E. Osorio
Concerned Citizen and Taxpayer
Former Arizona Resident and
Signer of Petition: Change.org/free-an-innocent-woman
P.O. Box 5791
Auburn, CA 95604
email:
[email protected] IN THE SUPREME COURT
STATE OF ARIZONA
PETITION TO AMEND RULE 32.5
ARIZONA RULE OF CRIMINAL PROCEDURE
In the matter of,
SUPREME COURT NO. R-13-0009
PETITION TO AMEND RULE 32.5
ARIZONA RULES OF CRIMINAL PROCEDURE
As a taxpayer, voter and public citizen and a member of an ad hoc coalition recently formed to review public policy issues that may have an impact on the wrongfully convicted. [Please refer to citizen input/comments addressed in Ethical Rules 3.8, Prosecutor Rules of Professional Conduct to better understand our immediate concerns.] We appreciate the Honorable Supreme Court of Arizona allowing our concerns to be addressed.
In the matter of Supreme Court No. R-13-0009, Petition to Amend Rule 32.5, Arizona Rules of Criminal Procedure,the following directive proposed, raises legitimate concerns as we understand the proposed changes:
"The Defendant, appearing pro se, shall include every ground known to him or her for vacating, reducing, correcting or changing all judgements or sentences imposed upon him or her and certify that he or she has done so..."
Our question is, what is the Prosecutor's role, if any, should "new, credible, and or material" exculpable evidence come to the attention of the former Prosecutor in the case, after-the-fact, in post-conviction status? As we understand Rule 32.5 Petition to Amend, the proposed change would put the Defendant in an unfair position and make Post-Conviction Relief even harder to obtain.
Please keep in mind, the untenable hurdles a Defendant must go through to have the nearly impossible opportunity for exoneration.
Respectfully submitted,
This 21st day of May, 2013
By: Mary E. Osorio
Concerned Citizen
Filed electronically