Superior Court proceedings began this week for multiple suspects arrested in the Flagstaff Police Department’s recent online sting operation. Flagstaff radio broadcaster Dave Zorn and three other suspects accused of making sexual advances to minors were arraigned at the Coconino County Courthouse on Monday, April 14.
All of the suspects, appearing in person and in the custody of the Coconino County Detention Facility, initially pleaded not guilty to the allegations set forth in grand jury indictments � a routine starting point in felony cases.
They are currently scheduled to return to court for further proceedings in mid-May.
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The police department released additional details about the sting operations leading to nine felony arrests for sexual offenses -- most notably, that of well-known Flagstaff radio broadcaster Dave Zorn.
Zorn, who is charged with multiple counts of luring a minor for sexual exploitation and attempted furnishing of harmful items to a minor, is being represented by Flagstaff criminal defense attorney Daniel Kaiser, of the Kaiser Law Group. In one court filing, Kaiser wrote, “Mr. Zorn will dispute the charges.� He also indicated that he would challenge “the weight of the evidence� in the case.
Reached for comment, Kaiser stated, “The only thing I will say is that [Zorn] is presumed innocent until proven guilty beyond a reasonable doubt, and I will defend him and his constitutional rights vigorously.�
Unusually, Navajo County deputy attorney Rob Edwards is acting as the lead prosecuting attorney for Zorn’s case. Coconino County Attorney Ammon Barker said his office referred the case to another county’s office “to avoid any potential conflict of interest and to ensure the integrity of the legal process.�
“When our office has any connection that could reasonably call our objectivity into question, we refer the matter to an outside agency to maintain fairness, transparency and public trust,� Barker added.
Kaiser has requested a reduction in Zorn’s bond, currently set at $100,000. Prosecutors opposed that motion, arguing that Zorn’s alleged actions demonstrated a threat to the community at large and suggesting he could be a flight risk if released.
In that filing, prosecutors asserted that the evidence in the case -- primarily “phone-based communications with an undercover DPS. [Arizona Department of Public Safety] detective posing as a 15-year-old Flagstaff resident� -- is “voluminous� and included photographs Zorn took of himself and sent.
They also stated that Zorn was arrested near the Flagstaff Mall after arranging to meet with an individual he believed to be a minor.
The Arizona Daily Sun has requested, but not yet received, a copy of the DPS detective’s investigation and arrest report.
Zorn and one other suspect arrested during the same sting operation, Brent W. Smith, were arraigned in Division Two of Coconino County Superior Court, before Judge Joshua Steinlage.
Smith, charged with a single count of child sex trafficking, is being represented by Ryan Stevens of the Flagstaff firm Griffen & Stevens. (Under Arizona state law, Â can refer to any attempt to engage in commercial sexual conduct with a minor.)
"It's important to be clear that the website utilized by law enforcement in this matter is expressly designed for adults only," Stevens told the Arizona Daily Sun. "We're carefully reviewing all legal defenses for Mr. Smith involving the fake account operated by the police and the untruthful statements the officers sent to Mr. Smith."
Two other suspects, Marcus Wimberley and Thomas J. Smith, were arraigned in Division Three later that afternoon, before Judge Stacy Kreuger.
Both are being represented by the Coconino County Public Defender’s Office and have been charged with a single count of child sex trafficking.