Threats, money, lies: Why attorney general took control of Apache Co. prosecutor's office

ST. JOHNS — Allegations of misspent taxpayer funds, destruction of evidence, erratic behavior, using two employees as political enforcers and harassment of deputy county attorneys are driving the state's probe of Apache County Attorney Michael Whiting.

The Arizona Attorney General's Office in a June 10 letter to Whiting's lawyer says it took supervisory control over the county office after a dramatic search a week earlier to ensure the office "continues to properly function and that public money is not misused."

The five-page letter obtained by The Arizona Republic accused Whiting of lying about his whereabouts after investigators raided his office and challenged claims that he was away on business or a family vacation.

Evidence, including license plate readers and statements by his wife, indicated Whiting never left Arizona or even St. Johns.

"If Mr. Whiting was on a preplanned trip to California between June 4 (and) June 7, 2024, he didn't bring his family," wrote Nick Klingerman, attorney general criminal division chief. "Joy Whiting told parents of the high school volleyball team she coaches on June 5 and 6, 2024, that Mr. Whiting was not on the run and had been there with her in town the whole time."

The letter provides significant new detail about the scope of its investigation of the elected county attorney, who is the highest-ranking law enforcement officer in Apache County and whose office is responsible for prosecuting most felony crimes.

The Attorney General's Office has provided scant public information since its June 4 search.

Arizona Attorney General Kris Mayes said in a letter Friday to the Apache County Board of Supervisors her office was investigating allegations of misuse of public money and intimidation of a political foe.

Mayes said she would assist the County Attorney's Office for 90 days. She gave Chief Deputy County Attorney Celeste Robertson "full authority" in Whiting's absence. She also said the County Attorney's Office would need to provide monthly expenditure reports and required Whiting to get approval before making "personnel decisions" or spending more than $200.

Klingerman's letter says during the search investigators found an invoice for over $44,000 in "campaign materials." They found such items in the basement of the office, the letter states, where closed case files are stored. Over 10 boxes of campaign materials for his wife Joy Whiting, the elected Apache County school superintendent, were also found, according to the letter.

Boxes containing campaign materials for Joy Whiting were found with shipping labels to Whiting's special investigator at the county attorney's office, according to the letter.

Agents also discovered that Whiting employs interns to sit at a desk in the basement and organize the campaign materials, Klingerman said.

Whiting, in an email to The Republic on Tuesday, denied using tax dollars to pay for campaign items. His office has run a "Stop the Bullying" poster contest for 16 years and sends letters to schools and teachers encouraging them to participate each year, Whiting said.

The attorney general's search also revealed other questionable purchases, Klingerman said.

"First, Mr. Whiting had gym equipment delivered to the office. This and other gym equipment were purportedly purchased on a county credit card contrary to procurement policies, which left that card maxed out," the letter said. "Second, Mr. Whiting may have purchased drones with county funds and used them in his private business."

The Attorney General's Office raised concerns about evidence tampering and said Whiting may have destroyed records.

"We found out that Mr. Whiting may have gotten rid of his cell phone and acquired a new one," the letter said. "Mr. Whiting also informed his staff that their computers were replaced with new ones despite staff indicating this was unnecessary."

The letter said Whiting uses an encrypted application and a personal Gmail account for county business. Agents also found files on a computer server had "been deleted since the execution of the search warrant began."

The letter accused Whiting of using his special investigator and his legal assistant to allegedly harass a candidate who was running against his wife for school superintendent.

"It appears that two ACAO employees, Daryl Greer and Trent Jensen, allegedly threatened and intimidated a candidate," the letter said. "Mr. Greer and Mr. Jensen allegedly and physically confronted the candidate and told the candidate that Michael Whiting 'was not through with' them yet."

Arizona politics: Apache County Attorney's Office staffers accuse boss of 'stalking' and spying

Klingerman said the candidate later received an unsigned letter that included documents not readily available to the public and photos of his residence, vehicles and mailbox. The letter threatened prosecution if the candidate did not withdraw from the race by April 1, 2024.

The candidate, Fernando Madrid, has not responded to multiple interview requests. In a March 28 letter to the Apache County elections director, he withdrew from the race, citing "specific coercive tactics by Apache County Attorney Michael Whiting."

"My father's health, my safety and health, and the safety and welfare of my family have led to this unprecedented decision which I have been forced to make," Madrid wrote in his letter.

While Greer and Jensen are employed by Whiting, other office employees told investigators they were unable to identify their jobs or what they do. The letter pointed out that while Greer is designated as a lead investigator, he has no law enforcement training, certification or experience.

Both are now under investigation by the Attorney General's Office, Klingerman said in a letter Wednesday.

Robertson, the office's two other prosecutors and the chief of staff on Friday filed injunctions against Whiting, Greer and Jensen. They accused the trio of following them, spying on their homes and surveilling them at work, shortly after the three prosecutors called for Whiting's resignation .

Whiting in his Tuesday email denied following — or directing people to follow — employees. He said he has good relationships with all his employees.

"We see, work and communicate with each other sometimes six and even seven days a week depending on what's happening in the county," he said.

A justice of the peace approved the injunctions and prohibited Whiting, Greer and Jensen from coming within 100 yards of the four employees. Whiting must also stay away from the Apache County Attorney's Office building, according to Klingerman's letter.

Klingerman said he sent the June 10 letter "to correct the factual inaccuracies" in a June 7 email from Whiting's lawyer, Bruce Griffen of Flagstaff.

He said Griffen misled authorities about his client's whereabouts, provided a bogus contact number and inaccurately claimed Whiting attempted to "appraise the situation" as the search of his home and office unfolded.

Griffen on Thursday said he would not comment on specific allegations. But he noted the justice of the peace who signed the injunctions has recused himself and the case has been moved to Winslow. He said they are preparing for hearings there.

Regarding the injunctions, Klingerman said in his letter, "The Attorney General does not understand how Mr. Whiting can effectively run his office when he is prohibited from entering the building."

Robert Anglen is an investigative reporter for The Republic. Reach him at robert.anglen@arizonarepublic.com . Follow him on X @robertanglen .

Elena Santa Cruz is a criminal justice reporter for The Republic. Reach her at elena.santacruz@gannett.com . Follow her on X @ecsantacruz3 .

This article originally appeared on Arizona Republic: Threats, money, lies: Why attorney general took control of Apache Co. prosecutor's office