Oro Valley Waters Claims Fail, Kamoske Found Not Guilty

On Friday, December 18, the final episode of the Oro Valley recall saga came to a close when Thomas Kamoske was found not guilty of assaulting Vice-Mayor Lou Waters. Waters had accused Kamoske, a retired police officer, of shoving him and jamming papers into his camera as Kamoske and others attempted to deliver recall petitions against Mayor Satish Hiremath to the Town Clerk’s office.

Witnesses offered the testimony before Pima County Consolidated Justice Court Judge Pro Tem Anne Ward. Kamoske was represented by Tucson attorney Paul Gattone, who has earned a reputation for challenging those who abuse their power.

The first witness called was Waters. The former CNN anchor claimed that he is a world renowned photojournalist and he was acting in that capacity as he does at other activities for the book he is writing. The others were there to “greet” recall organizers. Waters claimed that, contrary to the video in evidence, he was not standing in the aisle in the gauntlet. He claimed that as a wartime journalist, he would “never stand in the center.”

Waters then claimed that Kamoske had “pushed papers in my camera,” knocked off the lens cap, and jammed the camera into his face. Waters first described the two pieces of papers Kamoske was holding as a “ream.” Waters also claimed that he suffered a contusion above his right eye.

Waters testified that he did not seek medical attention that day as he was busy talking to the police. Waters did not seek medical advice until August 24th.

On cross-examination, when asked if he, as a photojournalist, supported Mayor Hiremath, Waters stumbled and hesitated and then answered in the affirmative.

In the video used at trial, Waters makes no motion to his face, to indicate that he has been struck. He can be seen however, lashing out at Kamoske as Kamoske is walking away from him and towards the Clerk’s door. Kamoske swings his body around to face Waters and his ankle appears to give out on him, causing him to fall.

Waters has touted how peaceful the Mayor supporters were compared to the recall supporters; going so far to make a video to promote that claim. He said several times that the Mayoral supporters were forming a “phalanx,” which means”an authoritative, or aggressive, stance (the line)- used to symbolize a body of troops or police officers, standing or moving in close formation”

The prosecutor then called Kathleen Van Reusen, a friend of both Mr. and Mrs. Waters, who formed part of the gauntlet. Van Reusen testified that Waters’ wife had organized the gauntlet and provided red shirts to a group of associates. She testified that Mrs. Waters called and invited her to attend.

Van Reusen’s testimony was not helpful to Waters, who had earlier testified that he did not know his wife organized the gauntlet. Waters also claimed that he did not know where his wife was going the morning of June 24, or that she had bought red shirts for Hiremath’s associates. Waters testified that he had only learned the day before from unspecified media that recall organizers had planned to deliver Hiremath’s recall petitions to the Clerk.

During her testimony, Van Reusen’s memory seemed to fail her. She could not accurately describe where Kamoske fell, and had difficulty identifying herself, when asked to point herself out in the video.

The key witness, Lori Pettijohn was called by the prosecutor. The prosecutor clearly had not interviewed Pettijohn and as a result was obviously caught off guard when she offered testimony vindicating Kamoske. As she had told the Oro Valley Police immediately after the altercation, she had rendered assistance to Kamoske after he fell to the ground.

Pettijohn testified that she felt intimidated by Waters and was hesitant to enter the gauntlet. She and others had decided to move quickly through the gauntlet and hoped to deliver the petitions without incident. However, Waters and his associates, including fellow recalled Councilmembers Mary Snider taunted the recall supporters as they made their way to the Clerk’s office. Fellow recalled Councilmember Joe Hornat was in the area, but not in the gauntlet.

She explained that several recall supporters had tried to block their faces from an intrusive media, just as Kamoske had done.

Pettijohn testified that Waters had initiated the contact by pushing the camera forward. She also stated that Waters was taking close up pictures of the recall supporters before and during the event in what appeared to be an intimidating manner. “I was intimidated,” she stated.

The prosecutor appeared to harass Pettijohn on the stand, clearly shaken by her testimony as were Waters and his wife. Gattone asked the judge if it was acceptable for the prosecutor to try to impeach his own witness. Finally the prosecutor gave up after showing Pettijohn the video and having her explain what she saw in it. She explained, in the video, she saw Kamoske hold up the papers to block Waters’ camera shot. Waters pushed the papers away with his camera, causing the lens cap to fall off.

The video shows Waters then lash out at Kamoske as he walked away. Kamoske turned, and his ankle appeared to give way, causing his collapse.

Kamoske then took the stand and stated that he was following the recall organizers into the Clerk’s office. He held up two photocopies of AZ Daily Star articles about developers funding Mayor Hiremath. Kamoske said he did not notice who was behind the camera. “I noticed a cameraman and held up my papers,” said Kamoske.

He testified that he had no intent to touch or assault the cameraman, and was simply trying to have the cameraman see the headlines. He claimed that he felt the cameraman’s left arm shove him. He testified that he did not know the cameraman was Waters until after he had fallen and saw it was Vice Mayor Waters, who was “laughing at me.”

Kamoske had been charged with 13-1203A3: Assault-touch with intent to provoke, and 13-1203A1: Assault-knowingly causing injury.

Former CNN Anchor Waters playing photog for gauntlet
Former CNN Anchor Waters playing photog for gauntlet
Marlene Leeper, an 80 year old Oro Valley resident who witnessed the altercation, but was not called to testify on Friday, said of the verdict, “I am pleased with the outcome of today’s trial and the vindication of Mr. Kamoske, whom I had not met before the day of the incident.”

Leeper expressed concerns with intimidation similar to those of Pettijohn. “I was present at Town Hall to be a part of submitting our completed petitions for the recall. I was alarmed to see citizens and some council people decked out in their red shirts packed in a group before the entry to the town clerk’s office,” she continued. “Then I saw that the police were present. They, however, were not there to provide a safe barrier between the red shirts and our group. They were clustered together chatting behind the red shirts and obviously not there to maintain order. They didn’t have a view of what was going on.”

“I’m a senior citizen and if it weren’t for the gentlemen in our small group, I would have felt very intimidated. Mr. Waters stepped out to block my way as we exited the clerk’s office and when I asked if I could pass by, he replied, “’There’s plenty of room.’” Leeper concluded, “Considering the source, I stepped aside to avoid his rudeness.”

Waters and his wife, who chuckled during most of the trial, left immediately after hearing the verdict.

“I’m not really sure why the D.A. subpoenaed me,” stated Pettijohn after the trial. “I had assumed that I was going to be a witness for the defense. My statement has been the same from the beginning, when I gave it to the police officer right after the incident.”

“I had never met Mr. Kamoske before the incident and really didn’t want to get involved, but I was a first-hand witness and the truth had to be told, especially after all the horrible and erroneous accusations and reports on Mr. Kamoske.” Pettijohn concluded, “ I can only imagine what he and his family have been going through these past months.”

OVPD Officer Kara Riley stated, "A path was clear for the resident’s as seen in the surveillance video. " The video shows Waters standing in the pathway, while taking photos of residents as they approach the Town Clerk's office.
OVPD Officer Kara Riley stated, “A path was clear for the resident’s as seen in the surveillance video. ” The video shows Waters standing in the pathway, while taking photos of residents as they approach the Town Clerk’s office.

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