Homeless in Arizona

Looks like Tempe City Councilman Kolby Granville took the 5th Amendment and refused to talk to the police.

The report says investigators contacted Granville's attorney in March to see whether he would speak with police about the allegations, but police did not hear back from Granville or his attorney.

I included the article about Mark Mitchell taking the 5th in that rape case after the current article about Tempe Councilman Kolby Granville

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Tempe releases records of police investigation into Kolby Granville allegations

Jerod MacDonald-Evoy and Anne Ryman, The Republic | azcentral.com Published 10:12 p.m. MT April 2, 2018

Tempe Councilman Kolby Granville was fired from Tempe Preparatory Academy in December 2017 over allegations that he gave former underage students alcohol and made unwanted sexual advances toward one. Wochit

The Phoenix Police Department interviewed three women who alleged misconduct against Tempe City Councilman Kolby Granville, but none of the women wished to pursue the matter for prosecution, according to a police report obtained by The Arizona Republic.

The police report said the "possible charges" could have included furnishing alcohol to a minor, assault and sexual assault, but investigators decided to close the investigation "as there are no victims who wish to move forward for prosecution."

The women's names were redacted by police. One of the women told investigators she declined to prosecute for at least three reasons: Granville's position in government; one of her parents is still involved with Tempe Preparatory Academy, where the councilman taught before being fired in December; and "she wants to put the event behind her."

One of the women admitted to a consensual relationship with Granville but would provide police with only her middle name, not her full name.

The city of Tempe provided the 16-page police report under a public-records request from The Republic. The report says investigators contacted Granville's attorney in March to see whether he would speak with police about the allegations, but police did not hear back from Granville or his attorney.

Granville was fired from his teaching job at Tempe Prep in December after two former students alleged he gave them alcohol when they were younger than 21, and one said he made unwanted sexual advances toward her.

Granville, 43, acknowledged a relationship with one of the former students in an interview with The Republic, which he said began when she was in college. He has denied the rest of the allegations.

Tempe police asked Phoenix police to investigate the women's allegations because of potential conflict-of-interest issues.

People gather at the City Council meeting at the Municipal Building on Feb. 8, 2018, in Tempe. Patrick Breen/The Republic Among the details in the police report:

One of the women told police she began dating and having sex with Granville after she was 18 and had graduated from Tempe Preparatory. The relationship lasted from April 2016 to February 2017. She said Granville had flirted with her while she was still in school when he "commented how attractive her dress was at prom."

She was an Arizona State University student who went to interview Granville for a class in February 2016. He asked her out to a movie; she declined. She saw him to again in April 2016 at a city function and they started dating.

"Once they started dating, Granville insisted she not tell her parents or her friends they were dating," the police report said. Granville told her he could get fired if anyone found out they were dating, she told police in the report.

She told police Granville "did buy alcohol for her when they when they were dating," including on a trip they took to Las Vegas.

The woman also told police that Granville told her the school wouldn't allow him to be alone with female students, but he thought the school was overreacting and that "nothing had ever happened."

The woman reported Granville's actions to Tempe Prep. She would provide police with only her middle name.

Report: Granville made advances when she was 17 Police also interviewed a young woman who filed a complaint in late January with the Arizona State Board for Charter Schools, saying Granville made unwanted sexual advances toward her in 2013, shortly after she graduated from the school.

The woman alleges Granville invited her to his house in September 2013 to eat ice cream and discuss her upcoming travel to Europe. She accepted and the two went to the roof to talk. She told police he started talking about his sexual experiences, which made her uncomfortable.

He kept taking her hand and putting it on his chest; she would pull it away and he would put it back, the complaint alleges.

He asked her whether she was 18, according to the police report, she was 17 at the time.

"He then said something to the effect, well I guess that shoots down my idea of a goodnight kiss," the police report said.

After her trip in October, she said she met with Granville again at his home to return travel books she had borrowed. She had turned 18.

Granville opened the door and told her to put the books on the table. After she did, she noticed he had closed the door. The police report is redacted as to Granville's actions. But in a complaint to school officials she told them he kissed her without consent. She told police and school officials she pushed away and left.

The police report says "she did not tell her parents because they would have wanted to go after Granville" and she felt "Granville had all the power, so nothing would have happened to him."

At the end of her interview, she was undecided about whether she wanted to proceed with prosecution, the report said. She asked what the other women were doing. The police report says that several days after the woman's interview, she was informed that "no one else wanted to move forward" with prosecution.

"She did not call me back to say she wanted to move forward, therefore I concluded she was choosing not to prosecute and put the matter behind her," the police officer wrote.

Report: Granville provided alcohol for 'her and her underage friends'

Phoenix police interviewed a third woman, who had complained to Tempe Prep about Granville. She told police he asked her on a date after she had graduated from the high school in 2013.

She told police that Granville provided alcohol "for her and other underage friends in the summer of 2014."

"Granville would come to the dorms with alcohol, hang out with college kids and consume alcohol," she told police in the report.

The woman told police that in the winter of 2014, he invited her to go to San Francisco with him around New Year’s Eve, where he was competing in a race.

She agreed, and several weeks before the trip, he invited her to his house where he gave her “gin cranberry juice" to drink while they watched movies.

She realized she was too drunk to drive so she asked to sleep on the couch.

The police report is redacted as to Granville's next actions. However, she told school officials in an email complaint that he moved closer to her and stuck a hand down her pants. She said she told him to stop, but he didn’t remove his hand.

She told school officials she ran to her car and broke down in tears over what had happened.

She told police she emailed Granville after the incident, apologizing because she thought she had done something wrong or overreacted. She later spoke with Granville and decided to go to San Francisco with him because "she thought the boundaries were established."

Granville in a previous interview with The Republic said has no recollection of the events she alleged. The first he became aware of the allegations was when the school questioned him during their investigation, he said.

"I had never heard of them. I categorically deny them," he told The Republic.

City: Review of councilman's conduct is next Nikki Ripley, a Tempe spokeswoman, said the city will use the report to determine how to proceed with a separate City Council Code of Conduct investigation. The maximum penalty in a Code of Conduct complaint is censure of the council member involved, she said.

Granville was the subject of two investigations using this process last year.

He was reprimanded for the instances that included referring to a constituent as a "psycho, paparazzi stalker," and another where he used an expletive to describe a staff member's advice.

The 2017 investigations were the first time a member of the council faced sanctions since the city updated its code of conduct and ethics in the workplace in 2009.

The Arizona State Bar is also investigating the allegations. Granville is an attorney in Arizona.

Reach the reporters at 602-444-8072 or anne.ryman@arizonarepublic.com and jerod.macdonald@republicmedia.com.

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Tempe City Councilman Mark Mitchell takes the 5th!!!! About 10 years ago Mark Mitchell's brother Sgt. Robert Mitchell falsely arrested me for about 2 hours because I took the 5th and refused to answer his questions and questions from his partner James Jandreau.

I later filed a lawsuit in Federal Court suing the city of Tempe, Sgt. Robert Mitchel and James Jandreau for false arrest and civil rights violations.

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Report: Mark Mitchell declines police queries on decades-old claim

by Dianna M. Náñez - May. 15, 2012 09:41 PM

The Republic | azcentral.com

In an interview with Phoenix police last week, Mark Mitchell declined to answer questions about decades-old sexual-abuse allegations but did give a statement denying them, according to a police report released Tuesday.

The report was released the same day voters went to the polls to elect Mitchell or opponent Michael Monti as Tempe's new mayor.

Mitchell, a three-term councilman and vice president of a Tempe flooring company, has spent the past week combating the allegations, which he has called false and a "vile" political ploy to destroy his reputation and cost him the election.

"I've been clear, I've done nothing wrong. Not now and not 30 years ago when I was a boy," he said in a statement and video to voters posted last weekend on his campaign website. "But I'm sending this because you deserve to know the truth from me personally. Just as Tempe deserves a race for mayor based not on personal attacks, but on the issues."

Monti, a longtime downtown Tempe restaurateur, also issued a statement last Thursday lashing out at Mitchell for tying him and his campaign to the allegations.

"I did not wish to comment on this, but I am forced to because Mr. Mitchell is actually trying to blame our issues-based campaign for this chain of events," he said. "Neither I nor anyone associated with my campaign had anything to do with the criminal investigation of Mr. Mitchell."

Earlier this month, police referred their investigation into the allegations to prosecutors with recommended felony charges, but said they made no arrest due to the length of time that has passed since the alleged offense, and the ages of those involved at the time.

Police tried for weeks to schedule an interview with Mitchell. Mitchell's attorneys ultimately scheduled the interview for last Monday after police informed them on April 30 that the case could be referred to prosecutors without his statement. Despite securing a date for the interview, police referred their findings absent Mitchell's statement to the Maricopa County Attorney's Office.

Maricopa County Attorney Bill Montgomery, who has endorsed Monti, recused himself from the investigation and turned it over to Yavapai County Attorney Sheila Polk.

Yavapai officials said they expect to finish reviewing the investigation by June. Phoenix police have referred Mitchell's interview to Yavapai.

The allegations surfaced in February, one month before Tempe's March primary, from a 39-year-old Tempe woman whose name was redacted from the public record.

She told police the abuse occurred four times in 1983 when she was 10 and Mitchell was about 16. Mitchell, 42, would have been no older than 14 in 1983.

Investigators secretly recorded an April 5 conversation between the alleged victim and Mitchell. According to police reports, Mitchell apologized to her and said that they were young and experimenting and that he never meant to hurt her.