Radtke Files Notice, “Acting In The Interests Of His Employer”

Chris Radtke

On Wednesday, the attorney for former Pima County Sheriff Chief Deputy Chris Radtke filed a Notice Of Public Authority Defense with the federal court. Sean Chapman filed the Notice and advised the court that an excludable delay was expected.

The Notice reads in part:

At all times alleged in the Indictment, and with respect to the acts alleged in the Indictment, Christopher Radke was acting as an employee of the Pima County Sheriff’s Department, acting within the lawful scope and authority of his employment on behalf of and in the interests of his employer (Pima County Sheriff’s Department). [Read Notice Here]

According to the Department of Justice, there are three types of situations that constitute a defense of governmental authority:

● The defendant may offer evidence that he/she honestly, albeit mistakenly, believed he/she was performing the crimes charged in the indictment in cooperation with the government.

● The affirmative defense of public authority, i.e., that the defendant knowingly committed a criminal act but did so in reasonable reliance upon a grant of authority from a government official to engage in illegal activity.

● A government official commits an error and, in reliance thereon, the defendant thereby violates the law.

The Federal Rule of Criminal Procedure requires a defense of governmental authority requires advance notice to the government before being asserted by a defendant. “A defendant intending to claim a defense of actual or believed exercise of public authority on behalf of a law enforcement or Federal intelligence agency at the time of the alleged offense shall. . .serve upon the attorney for the government a written notice of such intention. . . . Such notice shall identify the law enforcement or Federal intelligence agency and any member of such agency on behalf of which and the period of time in which the defendant claims the actual or believed exercise of public authority occurred….”

Radtke was indicted in October for the misuse of RICO funds.

Radtke’s latest move is not surprising given the indictment refers to a conspiracy. Radtke was charged on 7 counts related to the misuse of RICO funds. In the indictment, “known and unknown” conspirators are referred to in relation to a left of funds of approximately $500,000.

According to the indictment, the alleged misuse of funds began in 2011 while the Department was under the leadership of Clarence Dupnik. Sheriff Department sources say Dupnik has been addled the last few years he was in office. Although he had already left the Department in the care of Nanos and Richard Kastigar, Dupnik held onto the office long enough to avoid a special election for his replacement. As the ADI reported earlier, during the 2012 election, Dupnik denied the suspicions by his staff that he had no intention of completing his term.

In January 2014, Dupnik officially named Nanos as his Chief Deputy, Nanos had been responsible for the overall management of the Department. Dupnik argued that Nanos’s appointment would “ensure continuity and stability in the organization as we go through this period of leadership transition,” hinting at his retirement.

Dupnik said that he hoped the Pima County Supervisors would name Nanos as his replacement, and by a 4 to 1 vote, the supervisors did just that. Only Supervisor Ally Miller voted against the Nanos appointment. She did so because she questioned the entire process and the fact that it disenfranchised the voters.

At the time of his appointment, many believed that it was imperative that Nanos or some other Dupnik administration operative fill Dupnik’s shoes in order to ensure that the department’s notorious corruption not be exposed.

Kevin Kubitskey, chairman of the Pima County Deputy Sheriffs Association stated, “If Chris Radtke is planning on blaming Brad Gagnepain for all of his conscious decisions, I would ask him about the oath of office and what it means. We all swore an oath to not do what he did. To claim he was only following orders is actually kind of funny because he was the boss. Our rules and regulations have no protection for anyone whose actions are criminal. In fact they explicitly point out that we have an obligation to not follow orders of an illegal nature and to have enough leadership to recognize when that is. From day one of the academy, we are taught that we are held to a higher standard. One would think that Chris Radtke would be held to an even higher standard. To blame a guy that took his own life is so transparent to anyone. He will have to blame others for those orders because Brad Gagnepain had not been above him for several years.”

Kubitskey continued, “Chris Radtke will have to blame Clarence Dupnik or Chris Nanos – possibly others who had fingerprints on the process and the money. I say good luck with that. People in the community are not that naive. They will tear through that defense. There should be some really nervous people. That also explains the meeting of members of our department and Chris Radtke following his indictment.”

Related articles:

Pima County Sheriff Chief Deputy Radtke Pleads Not Guilty In RICO Abuse Case

Pima County Sheriff Personnel Shuffle Questions Persist

Nanos Interruption Of “Mansion Party” Costs Time, Evidence

Nanos Handling Of Chief Of Staff Death Raising Questions For Pima County Public

21 Comments

  1. Gee, this will get interesting later this year won’t it. Hope the feds charge some more of the “old guard” including Nanos himself along with Huckelberry who knows everything that happens in his fiefdom.

    • Remember this goes back to Clarence as it was going on in 2011 b4 Doopnick was re-elected in 2012 and then appointed Nanos as his successor. Fortunately the voters decided to at least take a shot (no pun intended) at cleaning up the Sheriff’s Department by rejecting Nanos.

      Hopefully the FBI will do their Job.

  2. Why is none of this remotely shocking?
    The Pima county board of stupidvisors and it “appointees” are little more then the Pima county hydra. Clarence was the elected talking head, a drunken out of touch and out of town idiot, who ran only to delay Napier’s election followed by the appointed empty skulled Nanos and his merry band of deplorables who were left to mind the store, and in short order a newer fog of corruption had evolved.
    I guess the “but he told me to”, the oldest juvenile excuse is still gonna be used.
    A 5 year old child has greater remorse. This should prove interesting as this worthless weasel starts to squirm an begins to sing.

    TOoT

  3. Where does the State Constitution give the County to break the law? Regardless of why the law was broken, that should be dealt with in the sentencing phase, if he broke the law then he should be found guilty. Just because someone works for the County does not place them above the law.

    Christopher Cole
    First Vice-Chair
    Pima County Libertarian Party

    • Christopher,

      Unfortunately in Pima county That is exactly the case once you go to work for the County you are above the law protected by the administrator and the county board of supervisors. It wouldn’t surprise me if we found out that Radtke’s attorney was being paid for by the taxpayers of Pima County.

      A question, if he were “ordered” to commit murder is he protected. One doesn’t rise to that level of responsibility without the intelligence to know right from wrong. He knew that he was breaking the law even if Sheriff’s Dupnik or Nanos had ordered him to do it.

      I have long wondered why Nanos would give up a $180k plus position for the paltry sum paid to the Sheriff. Clearly the upside potential is as Sheriff. Just sayin ???????????

      • Oh, I agree with you. I was just pointing out how wrong the idea behind this defense is.

        I guess I have the text for the next time I chew out the BOS.

        Christopher Cole
        First Vice-Chair
        Pima County Libertarian Party

  4. This is the fault of the BOS since they refuse to pay the Sheriff’s department what they deserve and were promised by the board in the

  5. Why is this surprising? This is another result of the self serving cop welfare mentality that has infected our region for decades.
    Maybe we should demand they change all of our taxpayer vehicles to say “Keeping It’s Peice”
    Remember this den of thieves wears a badge and is paid for by our taxes, they all knew exactly what they were stealing.

    • Joey, you will learn that it wasn’t the rank and file that had anything to do with this mess, it was the administration put in place by Dumnick and added to by Nanos. A select few were in on the ruse and I would not be surprised if the Huckster knew what was going on and turned a blind eye like he has done so many times. BTW, what penalty did Bronson pay for destroying a county vehicle? None and we never got the straight story did we yet the idiots and liberals elected her one more time.

  6. That is a poor defense when you consider that one of the main reasons this all came to light is the chief Deputy employing his relatives to run the café at taxpayer expense directly benefiting him in that he was helping his family by circumventing the rules. That shows a guilty intent to break the rules and not acting on behalf of the citizens or the county Napier needs to get rid of the remaining cronies that are still being paid outrages sums of money in made up jobs. He’s taken some good first steps. Kastigar, North, Heaney, Coultas, and a few other still need to go to show he is serious about cleaning up the past. The Nanos Radtke Gagnepain Kastigar legacy to to be put to pasture.

  7. This defense was tested once before, ask Lt. William Calley how well it worked for him in regards to the My Lai massacre.

  8. Keep an eye on the Nanos’ loyalists and where they land in the county. Some of Nanos’ clan have already been moved with in the county to other jobs to avoid accountability for their actions. Funny how much Citizen Radtke used to love “being in charge”, now he’s using the Nazi camp guard defense. How do you like dem apples, Dear Old Brad?

  9. His defense is, acting on orders from others. He will get the deal if they get the bigger fish. Nanos and Dupnick are about to be harpooned.

  10. This guy is going to get a pay raise and a promotion just like the rest of them, isn’t he?

  11. I wonder how high this trail of blame will go. I guess we now know what was behind all the meetings between current PCSD employees and the Indicted Felon!! Did Brad order you to buy your own toy plane? To expedite the shipping? You know the one with your badge number as the tail number on it, just like the real one. It would probably take someone IN charge to make that happen and great hubris of course.

  12. All the tail numbers need to be changed. The government can keep the toy plane with the chief Deputy’s badge number on it as the proof to his conduct and arrogance

  13. Anyone who has knowledge of these crimes even two for Sheriff , County Attorney ,County Administrator so long as they signed off in miss use of RICO funds must be brought before a jury.

    Let jury decide if they are guilty. Then we can know that system works for all. As to jail/ prison slam them all! They all knew better none of these folks were innocent or nieve.

  14. We in Cochise County remain amused (sorta) by the antics of the folks in yer county. When are you folks gonna get rid of these crooks? Stoopnik came from Bisbee, by the way. An idea- why not fill yer potholes with these jerks?

Comments are closed.