A former U.S. Border Patrol agent alleged to be the East Valley Rapist who terrorized women across Maricopa County from 1999 to 2001 was supposed to be arraigned earlier this week for three of the assaults. The judge, the prosecutor, and the defense attorney all appeared on Oct. 20, but the suspect was missing.
Instead, John Joseph Daly III was sitting in the Cochise County jail where has been held since May after being arrested for sexually assaulting a woman in Bisbee back in October 2001. His lack of attendance appeared to have puzzled the prosecutor from the Maricopa County Attorney’s Office.
“I don’t have a good reason as to why he wasn’t transferred this morning,” he told the court, adding that despite communicating with command staff at the Cochise County jail, “we have had issues.”
One of those issues might be the fact that Daly is the subject of a court order requiring him to remain in the Cochise County jail pending trial unless he posts a $500,000 bond.
The Maricopa County judge noted that a writ or order must be signed transferring Daly to the custody of the Maricopa County Sheriff’s Office. And requesting that order is the responsibility of the prosecutor, the judge clarified.
Daly’s arraignment will now take place in Maricopa County on Nov. 17. That will give Judge Timothy Dickerson of the Cochise County Superior Court time to hold a Nov. 8 pretrial conference and still ensure sufficient time for the Maricopa County prosecutor to get the transfer processed.
But Daly is not expected to return to Cochise County after his Maricopa County arraignment on five counts of sexual assault and three counts of kidnapping, which represent three assaults attributed to the East Valley Rapist between 1999 to 2001.
It was revealed during the Oct. 20 hearing that Maricopa County prosecutors plan to put Daly on trial before the Cochise County case goes to trial. The reason, according to the prosecutor, is that the Maricopa County offenses alleged in indictment occurred prior to the sexual assault which occurred in Bisbee in October 2001.
Cochise County Attorney Brian McIntyre is personally prosecuting Daly in the Bisbee case for Class 2 felonies of sexual assault and kidnapping. He confirmed to Arizona Daily Independent that he agreed with the plan to put Daly on trial in Maricopa County first.
But that doesn’t mean nothing will happen in the Cochise County case. A ruling is expected by Dickerson next week on whether McIntyre must go before another county grand jury for a new determination of probable cause related to the Bisbee assault.
Daly’s attorney Dana Hogle is demanding a new grand jury presentation, arguing that the majority of the testimony presented to the Cochise County grand jury by Det. Derek Samuel of Mesa PD in May 2021 concerned two-decade-old cases in Maricopa County. Samuel initiated a cold case investigation in 2020 of several East Valley sexual assaults.
In the file, Samuel found a 2002 report which showed a “hit” or connection between DNA found at two Mesa PD crime scenes with DNA found at the 2001 assault in Bisbee. Samuel later utilized a genealogy company to review the old DNA report, and received a response indicating a John Joseph Daly appeared to be the source of DNA.
McIntyre was allowed to file the 2002 DNA “hit” report with Dickerson as support for the grand jury’s indictment, but Hogle contends there is nothing in the report directly tying the DNA profile to the 2001 Bisbee attack. In addition, Hogle alleges Bisbee PD no longer has the original crime scene sample nor the original scientific DNA profile report.
The 2002 DNA report was not presented to the 2021 Cochise County grand jury, who asked several questions about the evidence before returning the indictment. It is Hogle’s contention there was insufficient evidence to obtain an indictment against Daly in the Bisbee case, so Samuel “overwhelmed” the Cochise County grand jury with testimony about a handful of other sexual assaults in Maricopa County.
Dickerson has promised a ruling on the grand jury challenge later this month, giving either party time to appeal the decision prior to the Nov. 8 hearing.
Hogle is also representing Daly on the Maricopa County charges. The attorney revealed during the Oct. 20 hearing that Daly is being treated for an unspecified “health concern” at the Cochise County jail, which prompted the attorney to ask that Daly remain in Bisbee and appear for arraignment by video. The request was denied.
READ MORE ABOUT JOHN DALY’S ARREST: Genealogy Test And Covert Lunch Dates Led To Arrest Of Suspected Serial Rapist After Two Decades