Lawmaker: Investigate possible 'revenge porn' case at Arizona Capitol

In a last-ditch attempt to hold onto his position in the Arizona House of Representatives, Don Shooter used his final moment with a microphone on the House floor to call attention to allegations against others who he said should be further investigated.

The Republican from Yuma was formally expelled from the House on Thursday after a nearly three-month investigation into allegations of sexual harassment. He said claims laid out in the final pages of an investigative report — and involving another elected official and her fiance — deserve further scrutiny.

Brian Townsend, a longtime Capitol insider who is listed in the investigative report as the fiance of Rep. Michelle Ugenti-Rita, R-Scottsdale, admitted to investigators that he engaged in inappropriate conduct that "involved unsolicited, sexually explicit communications," according to the report.

It is unclear to whom Townsend sent the explicit communications. Investigators did not describe the nature of the communications but called them "unwelcome," "harassing" and "offensive."

Ugenti-Rita was the first woman to publicly accuse Shooter of sexual harassment.

Although the attorneys who compiled the report cast doubt on Townsend's trustworthiness in connection with other matters tied to the investigation, they wrote that they believed his account of his involvement in the communications.

Investigators "had no doubt" the communications had occurred, suggesting they either obtained the communications or were shown them by recipients or others who somehow received them.

Investigators characterized Townsend' conduct as "egregious and potentially unlawful."

On Thursday, Rep. Anthony Kern, R-Glendale, said he was writing a letter asking Arizona Attorney General Mark Brnovich and Maricopa County Attorney Bill Montgomery to further investigate the claims.

Kern said several other lawmakers had agreed to sign the letter, which he said was still being drafted.

Before he was expelled, Shooter sent an email to his colleagues and asked that the description of the communications be publicly disclosed.

"They would involve revenge porn," Kern told The Arizona Republic.

The state's revenge-porn law, which went into effect in 2016, makes it a felony for people to intentionally share a sexual photo or video of another person without permission and with the intent to harm, harass or intimidate.

Attorney, others stick to the report

Craig Morgan, a private attorney hired by House Speaker J.D. Mesnard to lead the inquiry, would not elaborate on the communications, or the potential crimes he referred to in the report.

"I'm not talking about any specific laws," Morgan told The Republic on Wednesday. "I can't go beyond anything the report says."

Mesnard, too, declined to comment further about those allegations.

Asked during a Tuesday news conference if he would refer the special counsel's findings to law enforcement, Mesnard said the investigation's intent was to determine solely whether lawmakers violated House policy preventing harassment, discrimination and other workplace rules.

"For the purposes of the House investigation, we have what we need, the information that we need," Mesnard said. "Others can do what they want."

Townsend — who has a long history as a lobbyist, as chief of staff for a former House speaker, and as a policy adviser to Gov. Doug Ducey — did not respond to multiple requests for comment from The Arizona Republic.

He resigned from the Governor's Office in December 2016. His departure came the day after being charged with two counts of extreme DUI.

Townsend pleaded guilty to one count of extreme DUI as part of a plea bargain, according to a spokesman for the Maricopa County Justice Courts.

State records show that on Tuesday, the day the report was released, Townsend's lobbying relationships ended with Turf Paradise, the horse track, and technology-related company Periscope Holdings Inc.

Under the Arizona Public Records Law, The Republic has asked the House of Representatives to provide information from witnesses, documents and electronic communications compiled by attorneys during the inquiry.

The Townsend "communications" would be covered by such a request, which has yet to be fulfilled.

The incidents in question

Attorneys conducting the investigation at the state Capitol interviewed two people with personal knowledge of the communications.

They are identified in the report as "Interviewee 2 and Interviewee 3," and they described "three specific incidents."

Investigators determined a fourth incident was "immaterial" to the nearly-three month inquiry that sought to discern the veracity of stories of sexually-charged behavior, mostly by Shooter.

When confronted with the communications, Townsend "immediately became emotional, expressing that he knew the discovery of his actions would be the 'death knell' in his career and relationship with Ms. Ugenti-Rita."

"Although he attempted to calm himself several times, he would become wrought with emotion time and again as we pressed him further for answers and explanations. ... He would cry at times and appeared to tremble throughout the discussion of this topic."

Townsend took "complete ownership" for the alleged conduct and said the communications were sent without the involvement or knowledge of anyone else, according to the report.

Ruth Carter, an attorney specializing in social media and internet law, said the issue could face hurdles as far as a criminal investigation.

If there is no one making a complaint, law enforcement might not move forward with an investigation into violations of the revenge-porn law, or other broader statutes dealing with harassment or using electronic communications to terrify, intimidate, threaten or harass others.

"They may need (a victim) to corroborate" that the communications are "a violation of my rights," Carter said.

Amanda Jacinto, spokesperson for the county attorney, said law-enforcement agencies can conduct an investigation into possible criminal actions "without a specific request from an involved person."

On the prosecution side, she said it is helpful to have victims and witnesses to help assist.

Which law-enforcement agency would investigate the matter would depend on where the activity took place, "such as the home or work of a suspect, or it could be investigated by DPS (the Department of Public Safety) as the state law enforcement entity," Jacinto said.

The case, she said, would then be submitted to the county attorney to review for possible charging.

No law-enforcement officials contacted by The Republic said they were looking into the matter.

A spokesman for DPS, which includes the Capitol police, said the department is not conducting an investigation tied to the report, and that no criminal acts had been reported.

Follow the reporter on Twitter @yvonnewingett and on Facebook. Contact her at yvonne.wingett@arizonarepublic.com and 602-444-4712.

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