Second judge says no deal to embattled prosecutor

Sunday, 13 May 2007 19:00

For the second time in the same case, an Arizona judge has made news by rejecting a sweetheart plea bargain offered by the Cochise County, Arizona prosecutor's office.

Visiting Superior Court Judge Monica Stauffer rejected a plea offer of lifetime probation for Rodger Dale Franklin Jr., who is charged with sexual abuse of two stepsons under the age of 9.

According to the Sierra Vista Herald, Judge Wallace Hoggatt had already told prosecutor Ed Rheinheimer he could forget the probation-only plea arrangement. in January. Rheinheimer apparently tried his luck again with Stauffer, who also said no dice. It is unusual for judges, who preside over plea bargains far more than trials, to publicly second-guess and embarrass prosecutors. The pushback against Rheinheimer might have something to do with his shaky footing these days. A citizens group is campaigning to recall him for an alleged pattern of weakness prosecuting violent crimes and he's been attacked nationally for charging a border guard with murder in the shooting of an illegal border-crosser.

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