October 8, 2014

Chief Kara Kalkbrenner

Phoenix Fire Department
150 S. 12th Street
Phoenix, AZ 85034

Dear Chief Kalkbrenner:

On or about September 4, 2014, the Maricopa County Attorneys Office (MCAO) forwarded correspondence to your
attention concerning the Department of Public Safetys (DPS) investigation detailed in DR 14-00002290. As a result
of the DPS investigation, MCAOs Rule 15 Disclosure Database Committee determined that Phoenix Fire
Department Investigators Sam Richardson and Fred Andes would be added to the MCAO database in accordance
with our ethical duties as set forth in Brady v. Maryland and its progeny. The purpose of this letter is to advise you
of the impact of this decision on any cases involving these employees, any cases involving the use of the canine
accelerant detectors deployed by these employees and options for the Phoenix Fire Department as we move forward.

The DPS report submitted to MCAO requested multiple counts of False Swearing against Captain Richardson and
one count against Captain Andes. After careful review of DPSs very thorough investigation, MCAO has determined
that criminal charges are not warranted in this case. However, the detailed investigation raises numerous concerns
about both investigators competence and credibility. Therefore, the following steps will be taken by MCAO to
ensure that any future arson investigations are not compromised by this reports findings.

Effective immediately, MCAO will decline for prosecution any cases previously investigated by both Captain
Richardson and Captain Andes. In addition, MCAO will also decline to rely on any work conducted by any
improperly documented canine acceleration detectors prior to this date. These decisions are made in the interest of
justice and to prevent any further damage to the Phoenix Fire Department Arson Investigation program.

MCAO believes that the Phoenix Fire Department can and should take affirmative steps to address the deficiencies
identified in the DPS criminal investigation. MCAO would respectfully request that the Phoenix Fire Department
carefully review the DPS report and develop a re-training program proposal for the involved employees. Examples
of topics that must be covered would include report writing, crime scene integrity, evidence collection, canine
certification records keeping, court testimony, search and seizure, probable cause, witness credibility, the Rules of
Evidence, Rules of Criminal Procedure with an emphasis on the discovery responsibilities and expert witness
opinions. These topics can be taught at a local police academy, community college and/or in cooperation with any
local prosecution agency willing to assist with such re-training.

Chief Kara Kalkbrenner
October 8, 2014
Page 2


MCAO would also request that the canine accelerant detectors program be re-evaluated. In order to be effective in
court, any canines used by the Phoenix Fire Department will need to be properly certified and accurate logs kept to
determine actual effectiveness of each animal. MCAO would urge the Phoenix Fire Department to adopt AZ POST
certified standards to ensure that best practices are being followed. MCAO would recommend that every canine have
a permanent log book created to track the animals performance. This log book will need to be maintained in a
manner that permits the performance record be disclosed for trial purposes.

If the Phoenix Fire Department is willing to engage in this extensive re-training program, we would respectfully
request that a written proposal be presented to AZ POST for review and comment. This will ensure that the
necessary steps are being taken to provide the appropriate level of re-training that will permit the named employees
the opportunity to continue on in their chosen profession. Once the Phoenix Fire Department and AZ POST have
agreed upon a proper curriculum, the involved employees should be re-trained and tested to determine if they can
and should be put back into the field.

MCAO understands that this proposed course of study will require some expenditure of time, money and energy.
However, we believe it is in the best interest of the criminal justice system, Phoenix Fire Department, and the actual
involved employees. MCAO looks forward to hearing from your department on this proposed course of action.

If I can be of any assistance, please do not hesitate to contact me directly at 480-215-6154.

Yours truly,

/s/ Keith D. Manning

Keith D. Manning
Law Enforcement Liaison

KDM/etp