Top attorney defends office after backlash over failure to prosecute cases that shocked the community

Phoenix, Arizona: Three heinous accusations backed by smoking guns. Three susects the Maricopa County Attorney's office has declined to prosecute.

When the MCAO turned down a case against the 42-year-old former principal of Buckeye Union High School, Joe Kinney, who was arrested after being caught in an FBI sting operation involving child sex crimes, people began wondering what was going on.

When a case is turned down by the MCAO, it means there will be no future prosecution. When a case is furthered back to police, it means prosecutors need additional evidence to prove the case beyond a reasonable doubt.

In a recent bulletin 12News shed light on three cases that didn't make it to trial despite 'evidence' showing that the suspects had indeed indulged in nefarious activity. The people involved in these three cases are: Cody Weaver, Karl Komorowski, and Joseph Kinney. 

Cody Weaver

The Queen Creek man was arrested for possessing underage pornography in May. In fact, not only did Weaver confess to watching these videos but officers found these vidoes stores on his electronic devices. He was arrested, booked and processed. MCAO sent the case back to the police for more evidence. No charges have been filed against Weaver.

Karl Komorowski

Glendale man Komorowski was arrested in July on allegations of sexual exploitation of a child. MCAO sent the case back to the police for more evidence. Last week police shot and killed Komorowski outside his home after he opened fire on them. “Threats of violence and keeping our daughter safe and also physical violence. It has torn me up because he was not the person that I married," his widow said.

Joseph Kinney

Last week the 42-year-old former principal of Buckeye Union High School was been arrested after being caught in an FBI sting operation involving child sex crimes. The investigation was launched when an FBI agent in Oregon posed as a 12-year-old girl on the anonymous social media app, Whisper. According to court documents, Kinney initiated inappropriate conversations, continuing to engage with the agent even after they disclosed their age. The Maricopa County Attorney's Office declined to file charges because officials did not believe they could win the case.

Maricopa County's top prosecutor Rachel Mitchell says, “What we're looking at is whether the elements of the offense, meaning the different things that we have to prove in court can be proven beyond a reasonable doubt, or if there is a possible defense. In those two cases [Weaver and Komorowski], we felt like we needed to get that solidified, because often times it involves examination of phones or digital evidence that we have to make sure it's there, we know what it is, before we go ahead and file charges."

As far as Kinney's case was concerned Mitchell said: "There was an age regressed photo that certainly could have been taken to be an older person, and caused them to question whether that was actually true."

Mitchell defends her office's record in prosecuting cases involving child sex abuse, stating that her prosecutors have filed 37 cases involving child sex abuse allegations just in the month of August alone. 

New law looks to stop predators working in Arizona's schools 

In response to growing concerns about child safety Senate Bill 1558, which was passed with unanimous bipartisan support during the most recent legislative session, introduces stricter regulations for those seeking employment in Arizona schools.

The law, authored by State Senator Ken Bennett, mandates that individuals applying for jobs at K-12 schools—whether public or private—must fully disclose their criminal history, particularly in cases involving crimes against children. Applicants are required to disclose if they have pled guilty, no contest, been convicted, or are awaiting trial for crimes such as dangerous crimes against children, sexual conduct with a minor, or any crime that mandates sex offender registration, including similar offenses committed in other states.

Schools across Arizona are now required to update their hiring policies to reflect these new legal requirements. The law aims to provide an additional layer of protection for students, ensuring that those with a history of crimes against children do not gain employment in schools.