PHOENIX – Attorney General Kris Mayes issued a statement today in response to a motion filed by Maricopa County Attorney Rachel Mitchell seeking a death warrant in the Gunches case.
"Only the Attorney General is authorized to seek warrants of execution. Despite what rogue Maricopa County Attorney Rachel Mitchell may believe, there is only one Attorney General at a time – and the voters decided who that was 18 months ago," said Mayes. She noted that she had informed County Attorney Mitchell three weeks prior about her plans to seek warrants of execution after an independent death penalty review, expected to be completed in over six months.
Mayes criticized Mitchell's actions as politically motivated, stating, "Apparently, conducting this cynical performance to look tough in her competitive re-election primary is more important to the County Attorney than following the law."
Mayes further asserted that Mitchell's actions lack legal merit and accused her of using victims for political gain. "Even though she knows what she is doing has no legal merit, County Attorney Mitchell seeks to circumvent the authority of the Attorney General’s office and to use victims as pawns for her own political gain," she stated.
The statement emphasized Mayes' commitment to ensuring that any warrant issued by her office would provide certainty for victims. "I have insisted the independent review be finished in a timely manner so that when a warrant is ultimately issued by my office, victims will have certainty that it will be carried out," she added.
Mayes condemned the behavior exhibited by both former Attorney General and County Attorney Mitchell in handling the Gunches matter. "The kind of behavior engaged in by the former Attorney General and County Attorney Mitchell in the Gunches matter not only disrespects the legal process but also jeopardizes the working order of our system of justice," she said.
Concluding her statement, Mayes vowed to defend her office's authority vigorously. "Make no mistake, I will vigorously defend the authority of this office – and will not stand by as the Maricopa County Attorney attempts to create chaos to save her political career," she declared. The next step for Mayes' office will be moving to strike Mitchell's motion and prevent further unauthorized actions related to the death penalty.