Case No.
falsehoods and concealing the false count in the IA report knowing very well that his
actions were in violation of ARS 13-2311A, Fraudulent Schemes and practice; Willful
Concealment and ARS 13-2809A.1, A.2, Tampering with Physical Evidence.

For the above reasons, Sgt. Hughes falsely introduced and documented in the IA
report one additional criminal act as shown and listed on page 7 in the Bullet section.
(See Exhibit 2).

The first bullet reads, “Roman put his fingers inside [victims] Vagina while she was
sleeping on the couch in her family’s residence in Tonopah.”

The fifth bullet reads, “While [victim] was sleeping on the couch at the residence
in Tonopah [victim] awoke to Joe lying next to her with his hands under her clothing and
his fingers were inside her Vagina.” The first bullet and fifth bullet speaks on the same
act, not as separate acts.

The second bullet reads, “Roman would rub [victims] Vagina over her clothing
with his foot while she was giving him a foot massage at the Glendale residence.”

The interview between the victim and Sheriff’s Detective Bentzel spoke of the
foot massage that was alleged by the victim.

Sgt. Hughes knowingly concealed from the IA report, the Maricopa County
Attorney’s Office and Plaintiff’s defense counsel the fact that in the Sheriff transcript, the
victim alleged an attempted vagina foot touch, especially as it pertains to Count 2, which

is the same count the plaintiff was sentenced to prison on. In the Sheriff’s transcript at

ADDENDUM 16



Case No.

Allegation 12, Count 12

Indictment reads:

“(To Wit: Digital/Vagina in Tonopah when victim was 14).”

1A Report reads:

“(To Wit: Detective Roman digitally penetrated the victims Vagina. This incident
occurred in Tonopah when the victim was 14).”

Plaintiff, Jose Roman Jr hereby states the Count 1, Sexual Conduct With a Minor at
the age of 12, was the major factor behind the prosecution and greatly prejudiced the
plaintiff.

Plaintiff, Jose Roman Jr states that Superior Court of Arizona for Maricopa
County dismissed Counts 1, 4, 5, 6, 7, 8, 9, 10, and 11.

Plaintiff, Jose Roman Jr states that the inaccurate words and statements that
were altered in the Indictment to Wit: sections prejudiced the Plaintiff, Jose Roman Jr in
the Goodyear Police Administrative proceedings as well as the ongoing official criminal
proceedings with the Maricopa County Attorney’s Office and with individuals and media
that obtained the IA report through public record release.

Plaintiff states that Sgt. Hughes actions were done with criminal intent and in
violation of ARS 13-2809A1, Tampering with Physical Evidence.

Plaintiff discovered in Section 2 Chronology of the Investigation that Sgt. Hughes

concealed from the IA report and withheld from Sheriff’s Detective Bentzel the fact that

ADDENDUM 10



Case No.
were never said by the victim, the plaintiff or any of those interviewed.

In the Sheriff’s report, it included a supplemental report in reference to the
interview between Dorothy Day and Detective Bentzel. On page 2 it reads, “She said her
mother was away in town staying with her Grandmother when she was home with Jose.”

In the IA report, on page 8, paragraph 1, it reads, “Dorothy was home alone with
Roman, as her mother was on a business trip.”

Plaintiff states that the two different statements were similar to others found in
the IA report. It’s clear that Sgt. Hughes did not care about completing a non-bias report
with falsehoods and inaccuracies, for the plaintiff was in jail and could not possibly have
known what was documented in the IA report.

Also on page 8, paragraph 3, it reads, “Stacy admitted she had been told by Daisy
back in 2005 that Roman was molesting her.” Sgt. Hughes created the statement to
imply that prior sex acts were told to Plaintiff, Stacy Roman by the victim when in fact
the Sheriff’s report reveals that Stacy never admitted to anything nor did she say to
Sheriff Detective Bentzel that, “Roman was molesting her.” Stacy said that, “Several
years ago back in approximately 2006, Daisy had come to her and told her that while she
was lying on the couch, Jose had come out and lay down next to her, that he had
touched her vaginal area and inserted his fingers into it.” The two statements are
different, for Sgt. Hughes introduced a false version of Stacy’s statement.

On page 8, paragraph 6, it reads:

ADDENDUM 20


Case No.

Addendum

On May 9, 2013 at about 7:30 a.m., Jose Roman Jr spoke briefly with Sgt. Justin
Hughes at the Goodyear Police Administrative office located within the Venida Complex.

Jose Roman Jr told Sgt. Hughes that the night before, that he, the plaintiff had an
argument with his 22 year old step-daughter, Daisy Asriyan, for she had been caught
cheating with her sister’s husband and to divert attention away from herself, she began
to accuse the plaintiff of an 8 year old alleged sex act and threatened to contact the
plaintiff’s supervisor, so Plaintiff, Jose Roman Jr, told her to call.

Later, that same morning, Daisy Asriyan contacted the Goodyear Police
Department and made allegations. The Goodyear Police Department determined that
the alleged criminal acts were said to have occurred within the jurisdiction of the
Maricopa County Sheriff’s Office. Therefore, the Goodyear Police contacted the
Maricopa County Sheriff’s Office who then received the complaint reported by Daisy
Asriyan. The Maricopa County Sheriff’s Office documented the complaint under DR
13-088305 and was investigated by Detective Bentzel. (See Exhibit 1)

The Goodyear Police Department commenced Administrative action through an
internal investigation against the Plaintiff Jose Roman Jr.

The internal investigation was reported under IA 2013-0012, and investigated by

Sgt. Justin Hughes. (See Exhibit 2)

ADDENDUM 1


Case No.
the beginning on pages 3 and 4 it reads:
Lines 131 through 137
A-“And uh, it started with-well after he would come over to see my mom from work He’d
take his shoes off and He’d ask me and my little sisters to rub his feet. So it started like
that, like rubbing his feet and sitting on his lap and then well the FIRST TIME that he
started getting kinda, like, going a little bit weird was- | was sitting on the floor rubbing
his feet and he would, like, move his foot like he was doing it accidentally, like in
between my legs and like, he would, like TRY to rub my vagina with his feet.”

The victim’s allegation of the foot rub event was not truthful. The Plaintiff, Jose
Roman Jr knew that his wife Stacy, Mother-in-law Donna Orsburn and his step-daughter
Tessa (Age 9 in 2003) were present on November 1, 2003 foot rub event and were
seated and watching the entire time that lasted around 5 minutes, and not once did the
Plaintiff Jose Roman, Jr’s. foot touch the victim’s vaginal region (which will be further
explained herein.)

In the month of July 2013, Stacy Roman created a timeline of event document
(See Exhibit 17). Stacy Roman also obtained voluntary written statements from family
members (See Exhibit 16.1 through 16.14), which spoke on the life of the victim, and in
some about the victim before the plaintiff knew the Day family, and more specifically,
the victim’s compulsive lying behavior.

On July 1, 2013, Plaintiff, Jose Roman Jr was arrested. Sgt. Hughes telephoned

ADDENDUM 17



Case No.

A- “I-Stacy, what did | do? You know that why...”
Q- “You touched her”
A- “....That’s why- That’s why | even say put (Dorothy) on the phone. You-you know if
(Dorothy)-if (Dorothy) thinks that I tried to touch her and do something too, | mean,
Stacy, come on man that is so wrong. That is so wrong.”

Sgt. Hughes clearly did not understand what was said. There no mention of the
victim for the discussion was about Dorothy Day.

On page 9, paragraph 3, there is documented comments made by Goodyear
Police Officer K. Shackleford who in 2011 dated the victim. It reads, “During the
interview with Officer Shackleford, he stated he had no knowledge of the sexual abuse
as [victim] never shared this information with him while they dated. Officer Shackleford
did recall Daisy telling him that Roman “looks at me kinda creepy,” and in another
paragraph, Plaintiff Jose Roman Jr is said to “have offered to purchase her breast
implants.”

Plaintiff states that in 2014 while he was held in custody the above breast
implant purchase came to be proven as a false statement, for her mother Stacy, in 2014
had paid for Daisy Asriyan/victim to undergo breast implant surgery. It’s clear that the
breats implant comment was one between the victim and her mother and never
involved the Plaintiff Jose Roman Jr.

Sgt. Hughes witheld important statements from the IA report that had been

ADDENDUM 23


Case No.

behind the cover up was that from the victim that is found in the Sheriff’s victim
interview transcript on pages 3 and 4 lines 131 through 137 as saying, “Like between my
legs and like, he would, like TRY to rub my Vagina with his feet.”

Plaintiff states that per ARS 13-705, Dangerous Crimes Against Children in the
First Degree for sub-section D, Molestation of a Child, requires a mandatory sentence to
a term of imprisonment as follows:
Class 2 Felony
10 years minimum, 17 years presumptive, 24 years maximum
And that Dangerous Crimes Against Children in the Second Degree, pursuant to
sub-section D “attempt” A term of imprisonment is as follows:
Class 3 Felony
5 years minimum, 10 years presumptive, 15 years maximum

Plaintiff states that he was sentenced under ARS 13-705 “DCAC” in the first
degree, greater than presumptive, and at best (less than a dismissed Count 2) should
have been convicted and sentenced under the second degree and perhaps he would
have if Sheriff’s Detective Bentzel and Sgt. Hughes would have disclosed the above
transcript, victim statements, in their report narratives as actually said by the victim.

Plaintiff discovered that Sgt. Hughes intentionally documented additional false
words and false statements in the Executive Summary. Sgt. Hughes also inserted the

words: “abuse”, “sexually abused”, and “sexual abused”, when these words or phrases

ADDENDUM 19


Case No.
critical error of charging the Plaintiff Jose Roman Jr. with Count 1, Sexual Conduct with a
Minor at the age of 12. The Sheriff’s report included their transcript of the victim
interview. The interview begins to speak on an alleged foot rub incident, later to be
charged in the Indictment as Count 2. It immediately became clear that there was never
a Count 1, Sexual Conduct with a Minor age 12, as revealed below.
Sheriff’s transcript reads Q. Detective Bentzel- A. Victim
Lines 292 through 295
Q- “Okay, so the-the first incident is in your Grandmother’s house in the living room..... ra
A- “Uh-huh.”
Q- “...While you’re massaging his feet... What’s the next incident you recall having some
kind of reac-or interaction with (Joe) like this?”
A- “Uh, well besides him, like, grabbing like, brushing up against private parts that was
how-he was doing that frequently. Like accidentally brush up against us. Um | don’t
know the exact dates but.....
Q- “Ido...”
A- “...The next, like, serious thing was that it-again uh-huh he made us ma-like massage
his back.”
Lines 330 through 333
Q- “Okay, uh, other than massaging his back did he have any other contact with you at

this point? | mean he didn’t...”

ADDENDUM 14



Case No.
“Court”). Plaintiff, Jose Roman Jr appeared with private defense counsel, Tracey
Westerhausen. For the State of Arizona, appeared Prosecutor Sara MicFlikier (Hereafter
referred to as “State”). The Settlement Conference was transcribed (See exhibit 10).

During the settlement conference, Plaintiff, Jose Roman Jr became very
concerned, as well as suspicious on how it could have been that the “State” received
false Count 1, and from what source such as the Goodyear Police IA report, the Sheriff's
report or something else for it contributed to the plaintiff’s indictment on Count 1,
Sexual Conduct With a Minor at the victim age of 12, that could possibly carry a life
sentence with no possibility of release from prison until 35 years served. The Settlement
Conference plea negotiation was strongly driven by Count 1, for the “State” based its
plea offer based from 35 years, and plea offered almost half, being 17 years with no
means of going lower towards a 10 year minimum. Plaintiff felt the impact that Count 1
had on the case and himself.

Plaintiff suspected that the Maricopa County Attorney’s Office command was
behind the high plea offer and knew that if the Goodyear Police IA report was in their
control, it would surely prejudice the plaintiff.

On February 19, 2015, Plaintiff, Jose Roman Jr was sentenced to a prison term of
18 years on Count 2, Molestation of a Child and probation on Counts 3 and 12,
Attempted Molestation of a Child.

In 2015, plaintiff, through private counsel, filed Post Conviction Relief pursuant to

ADDENDUM 6



Case No.
the victim had sneaked onto his sofa bed and snuggled, perhaps she thought plaintiff
was her mother. Plaintiff Jose Roman Jr spoke of this in the Sheriff’s interview on May
10, 2013, that it was merely accidental. This is corroborated by victim’s ex-husband
Georgiy Asriyan who said “She (victim) said she was asleep and he came in and confused
her with her mother and in some sort of way put his hands on her.” (See Sheriff’s
report, page 46 for Georgiy’s statement)

Georgiy Asriyan’s statement clearly supports plaintiff’s defense affirmation that
there was no sexual intent for Count 12, Sexual Conduct With a Minor at the Age of 14,
and in fact was a civil/family matter. See Stephen Edward May V. State of Arizona U.S.
District Court of AZ CV14-00409-PHX-NVW. It should be noted that the two
confrontation conversations were in reference to Count 12 as the Plaintiff Jose Roman Jr
is recorded speaking on the count. (See Exhibit 8)

Plaintiff in Propria Persona proceeded on the review of the Sheriff’s report
(13-088305). Included in the Sheriff’s report were booking documents (See Exhibit 6
Booking documents and addendum)

In the booking addendum in its first paragraph it reads, “on 05/09/2013, the now
22-year-old victim came forward and reported that the beginning when she was 12
years, the suspect Jose Jesus Roman Jr. with a date of birth of 12/28/1960, molested her
by placing his fingers into her Vagina while she was asleep on the family couch. This

incident was not reported to the police at the time. Instead the victim was moved to the

ADDENDUM 29


Case No.
effort to administratively investigate the complaint for the Goodyear Police Department.
Instead, he relied solely on the Sheriff’s criminal investigative report.

Plaintiff Jose Roman Jr found in the IA report, on page 10, paragraph 7, that Sgt.
Hughes documented that two recorded conversations had taken place on June 26, 2013
and June 27, 2013, when in fact, both conversations took place hours apart on June 27,
2013.

On page 10, paragraph 8, Sgt. Hughes falsely documented the following
statement, that reads: “Plaintiff made several statements to include he admitted to
having sexual intercourse with the victim when she was 12 years old and that victim was
‘coming on to him’.”

Plaintiff Jose Roman Jr had the two confrontation conversations recordings
transcribed by a certified transcriptionist. The transcripts do not show anywhere the
number 12 or the word twelve as well as the words or phrase “coming on to him” as Sgt.
Hughes documented as referenced above. The above reveals an additional false
statement that he introduced in the IA report. (See Exhibit 28, Transcripts)

Plaintiff states that during the Sheriff’s interview with Peter King on May 28, 2013
at 5:20 p.m. at the Southwest Family Advocacy Center located in Goodyear, AZ, Peter
King said, “I was by Daisy and asked to go to her house and bring some of the items she

left in my garage.” “When | arrived, | found that there had been a fight between Joe and

Daisy because Joe had called Daisy aname.” “Daisy and Stacy asked me to lie and say

ADDENDUM 26


Case No.

When Plaintiff, Jose Roman Jr was asked why he would not eat the bacon dish, he
explained his medical issue and how he had been having left foot pain, possibly
beginning signs of Diabetic Nerve Damage. Donna then told the Plaintiff, Jose Roman Jr
that her recently deceased husband, Rob Orsburn, had also experienced similar foot
pain, so for relief he would go with her to get foot pedicure-massages during times when
she would go to have her nails done. It was at this point of the conversation when Daisy
spoke out and said, “I'll massage your feet.” Plaintiff replied saying no.

Either Donna or Stacy said to Plaintiff, Jose Roman Jr to go ahead and let Daisy
massage his feet. It was at this point when Tessa (age 9) spoke out and said she wanted
to help massage plaintiff’s feet. Plaintiff, Jose Roman Jr removed his shoes, leaving his
socks on.

Plaintiff, Jose Roman Jr extended his right foot downward since Tessa was seated
on the floor. Plaintiff, Jose Roman Jr extended his left foot outward and placed his heel
(toes upward) on Daisy’s thigh where she positioned his foot. Daisy was seated on the
sofa.

The foot rub event was in plain view of Donna and Plaintiff Stacy Roman. The
foot massage lasted about five minutes for Tessa spoke out by saying the plaintiff’s feet
smelled like Beanie Babies.

Plaintiff, Jose Roman Jr asked Stacy what Tessa had meant. Plaintiff Stacy Roman

said Tessa was saying plaintiff’s feet smelled. Plaintiff, Jose Roman Jr immediately put his

ADDENDUM 3



Case No.

On May 10, 2013, the Plaintiff, Jose Roman Jr, was interviewed by Sheriff
Detective Bentzel during which time the Plaintiff, Jose Roman Jr stated his side against
the false allegations.

During and after the interview, the Plaintiff, Jose Roman Jr was told by Sheriff’s
Detective Bentzel that he would perform in depth re-interviews with the plaintiff's wife,
Stacy, and family members, especially with Tessa, Donna, and Stacy in regards to the foot
rub allegation for Plaintiff, Jose Roman Jr recalled those three were present on
November 1, 2003 and observed the foot rub and they could verify that Daisy falsely
alleged the sex related act. The Plaintiff, Jose Roman Jr recalled the foot rub event
occurring much differently and only once.

Plaintiff, Jose Roman Jr knew that Daisy had created the lie, as she is known to do
in all her stories that she tells people. (See Exhibits 16.1 through 16.14.)

Plaintiff, Jose Roman Jr and Stacy’s first date, took place on Halloween night,
October 31, 2003. On this first date, Plaintiff, Jose Roman Jr never entered Donna
Orsburn’s townhome. The second date occurred the following evening (November 1,
2003) at Donna Orsburne’s townhome, located at 4338 West Ocotillo Drive, in Glendale,
AZ. Plaintiff, Jose Roman Jr recalls Stacy, Donna, Daisy, Tessa, and Nicholas being present
on the second date, for it included a home cooked dinner.

The meal included a bacon food dish that Plaintiff, Jose Roman Jr was unable to

eat, for he was trying to control his Pre-Diabetes and Triglyceride levels.

ADDENDUM 2



Case No.
A- “No, he didn’t touch me like that yet.”
Lines 556-560 Reads
Q- “Okay-okay now everything that you just described to me this-that-at this point,
the-the back massages, the rubbing his foot on your genitals, those kind of things, all of
those occurred while you were staying with your grandmother......
A- “Uh-hu.”
Lines 562 through 567
Q-“.....in Glendale? Okay. When did you move from your Grandma’s house to
Tonopah?”
A-“ Um, that was- well they started dating in October so it was the next year. Oh, wel

wait, we didn’t move straight to Tonopah. Then we moved to apartments in Avondale.”

In the transcript between lines 555 through 567 it clearly shows that the victim
never reported any sex act related to Count 1, Sexual Conduct with a Minor at the Age of
12 that justified Sheriff’s Detective Bentzel to book the plaintiff into jail and to criminally
charge him with Count 1, which under Arizona Law carries a life sentence.

Sgt. Hughes knew that Sheriff’s Detective Bentzel falsely charged the plaintiff with
Count 1 and covered it up by not notifying his Police command, the Maricopa County
Attorney’s Office or Plaintiff, Jose Roman Jr’s defense counsel so that action could be

taken to correct or dismiss the count. Instead, Sgt. Hughes proceeded in documenting

ADDENDUM 15



Case No.
parked his car just outside the entrance doors when Sgt. Hughes approached and
immediately asked if he had a gun on his person. Plaintiff replied no. Sgt. Hughes
searched Plaintiff, Jose Roman Jr’s person and then led the plaintiff into the entrance
lobby and then into an adjacent room where three Sheriff’s Deputies and Detective
Bentzel where he was then aggressively handcuffed and arrested.

The Plaintiff, Jose Roman Jr was unarmed and had been cooperating in the
ongoing investigations, communicating daily with Lt. James Hernandez and at no point
did the plaintiff pose a threat to law enforcement in the slightest degree to justify why
Sgt. Hughes felt the need to create a rouse for a warrantless arrest upon the plaintiff,
and at plaintiff’s place of employment. By doing so, Sgt. Hughes became an agent in the
criminal investigation, therefore he no longer was able to perform a non-bias
administrative investigation.

Plaintiff, Jose Roman Jr was then placed into a Sheriff’s patrol car, taken for an
interview and booked into the Maricopa County Jail on 3 counts of Child Molestation
, and 2 counts of Sexual Conduct With a Minor (See exhibit 6).
On July 9, 2013, the plaintiff was indicted by the Maricopa County Grand Jury on
12 counts of sex offenses (See exhibits 7 Grand Jury transcript).

The Plaintiff, Jose Roman Jr and Stacy Roman appeared for numerous official

proceedings and one of significant importance was the settlement conference held on

September 12, 2014 before commissioner Jeffrey Rueter (Hereafter referred to as

ADDENDUM 5



Case No.
“{Redact] was also able to relay specific, intimate details about the underside of
[plaintiff’s] scrotum which turned out to be scars from a vasectomy reversal.” Plaintiff,
Jose Roman Jr states that Sgt. Hughes was wrong for there are no visible scars due to the
specialized type of surgery. During the Sheriff’s interview, Plaintiff Jose Roman Jr knew
that he caught the victim in this lie and insisted that the Sheriff’s Office photograph his
penis and scrotum as defense evidence. It should be noted that the victim stated the
Plaintiff Jose Roman Jr had black and gray unkempt pubic hair. If that was the case and
the victim stated she performed masturbation act(s) under the blanket, then if in day
time, it would have been hard to see due to light restriction caused by a blanket. If in
the evening or night, she would not be able to see scars because it would have been too
dark. In both scenarios, unkempt hair would have surely covered any viewable scars.
During the Sheriff’s interview with plaintiff it reads:
Q- Det. Bentzel, A- Plaintiff
Lines 4138 throught 4149
Q- “Well | can tell you that at least initially when just looking in the room I’m- granted
with no-limited lighting and all that stuff- | don’t see what was described okay?” “That
doesn’t mean that you know what | mean okay.” “But that’s important because now I’m
gonna be able to-to further look into that kind of stuff.”
A- “Mm-hm.”

Q- “ And double check the pictures and- when you’re looking at a picture on a camera

ADDENDUM 21



Plaintiff states that at the time the Defendants were served their copies of
the summons and complaint with “Addendum” along with U.S. District court for the
District of Arizona’s General Order No. 17-08(D.Ariz.APR.14,2017) regarding
mandatory initial discovery responses.

Plaintiff states that his exhibits will be served upon the Defendant’s
pursuant to FRCVP Rule 5(a)(b)(c) and disclosed under the above cited General Order
No. 17-08.

Judgement, Cost, and Awards

Plaintiff states that pursuant to FRCVP Rule 54.1(d), the prevailing party
shall be entitled to an award of all costs and pursuant to FRCVP Rue 54.2(a), the
prevailing party may be entitled to an award of reasonable Attorney’s fees incurred in
pursuing this action.

Court costs as actually incurred are chargeable to Defendant’s:

Wherefore, Plaintiff respectfully requests the Court enter judgment against
Defendant’s as follows:

1. In the principal to amount of $38,000,000.00

A. $12,000,000.00 would be the principal amount for Maricopa
County Government, Maricopa County Sheriff’s Office, Sheriff Paul

Penzone, and Maricopa County Sheriff’s Detective Jason Bentzel;

ORIGINAL COMPLAINT“JURY TRIAL DEMANDED” - 31



Case No.
to notice the incorrect date. Therefore, it appears that Sgt. Hughes documented after
the fact, Thereby, showing that he did not investigate and document in the IA Report ina
timely manner with due diligence and for this reason, falsehoods and such were
documented and are now evident.

Plaintiff, Jose Roman Jr also discovered in Section 1 Complaint/Allegations that
Sgt. Hughes failed to document the 5 allegations as reported by the victim in comparison
to the Sheriff’s report 13-088305, that listed 5 allegations.

Plaintiff, Jose Roman Jr states that it appears Sgt. Hughes waited approximately 30
days to document the allegations, for he used an Indictment form based from the July 9,
2013 Grand Jury proceeding. In doing so, he documented 12 Counts in Section 1
Complaint/Allegations that subsequently prejudiced the Plaintiff, Jose Roman Jr.

Plaintiff’s assertion to the above claims are supported by the fact for a copy of the
Indictment was placed as evidence as shown in Section 6 Evidence. For this reason the
Indictment copies are material physical evidence and are a true record based from
findings of an official Grand Jury proceeding. (See Exhibit 3, Indictment)

Sgt. Hughes intentionally introduced false words and false statements that
altered each count that was listed and by doing so, affected the verity of the Indictment
as it pertained to the Goodyear Police IA report and it’s administrative purpose. The
above acts are documented in each Indictment allegation, specifically in the parenthesis

to Wit: Sections are as follows:

ADDENDUM 8



Case No.
Arizona Rules of Criminal Procedures, Rule 32.

In the month of June 2016, the Plaintiff, Jose Roman Jr in Propria Persona, filed
Petition For Review of Post-Conviction Relief with the Court Of Appeals of Arizona,
Division 1, under case no. 1C-CR16-0376PRPC.

In the month of January 2017, Plaintiff, Jose Roman Jr in Propria Persona received
his case reports, the Goodyear Police IA report, Interview CD’s and DVD's, court
documents, and the Sheriff’s Departmental report 13-088305. These documents,
reports, and records provided the plaintiff with his first opportunity to read them. The
plaintiff was very troubled and in disbelief to read how horribly the victim lied about sex
acts, which had never occurred. In addition, the Plaintiff, Jose Roman Jr with more than
20 years of experience in law enforcement, and 13 years in Criminal Investigation was
not surprised to find that the Sheriff’s report and the Goodyear Police IA report had
been documented with false statements, cover-up of events, and concealment of
exculpatory statements that could explained plaintiffs defense before the Maricopa
County Attorney’s Office, their command and plaintiff’s defense counsel.

Plaintiff, Jose Roman Jr first focused on the Goodyear Police IA report and
immediately saw the very first documented entry was in Section 1
Complaint/Allegations, which listed the complaint date of March 25, 2013, when in fact,
it was actually on May 9, 2013. The incorrect complaint date suggests that, each time

Sgt. Hughes would have opened the Goodyear Police IA Pro System, he would have had

ADDENDUM 7



Case No.

“The whole point of everything is that you needed to know”
Transcript reads (Exhibit 28, page 3 of 20, Lines 2 through 4)
“Well, I-| think, | think we-the whole point of everything is that it was that you needed to
know right?”
Bullet 4 reads:
“{Victim] should have reacted, there’ no reason.”
Transcript reads (Exhibit 28, page 3 of 20, Lines 11 through 13)
“| think if you heard me say what | said, and if she has not reacted, because [victim]
would have-should have reacted, you know that.”
On page 11, paragraph 5 Sgt. Hughes combined two statements into one statement and
listed it as Bullet 2.
Bullet 2 reads:
“Stacy, why would | lie about that, Why would | want to get myself in more trouble.”
Transcript reads (Exhibit 28, page 4 of 20, Lines 25 and then continues to page 5 of 20,
Lines 1 through 4)
Plaintiff Jose Roman Jr said, “No Stacy, | mean-that’s-why would | lie about that?”
Stacy said, “| mean that-exactly. That’s what.”
Plaintiff Jose Roman Jr said, “Why would | want to get myself in trouble.”

Plaintiff Jose Roman Jr states that the confrontation conversation speaks on

Count 12 in which was referring to when he was asleep on the family room couch and

ADDENDUM 28


Case No.
that | heard Joe admit to doing things with Daisy, but | never did hear anything.” “I was
asked to meet with Detective Bentzel and was questioned by him. | also let him know
that | was asked to lie by Stacy and Daisy.” “Lisa said his police report did not contain my
statement about them trying to conspire against Joe Roman.”

Plaintiff Jose Roman Jr. was informed that on April 6, 2017 the Maricopa County
Sheriff’s Internal Affairs interviewed Peter King in reference to the concealed statements
and other related issues pertaining to the concealment of his interview from the case
report.

Plaintiff states that its unsure if Goodyear Police Professional Standards Unit was
present for the Peter King interview which was supplemented by Sheriff’s Detective
Bentzel. Ever since the Peter King interview, the MCSO audio cannot be found.
However, the prior interview with Lisa Anthony just minutes before Peter King was video
recorded. Both interviews took place at the Southwest Family Advocacy Center. Plaintiff
wonders how or where Sgt. Hughes came up with the false statement he documented
when he said he observed the interviews.

As listed above, the Peter King statement goes against what Sgt. Hughes wrote
that reads “[Plaintiff] made several statements to include he admitted to having sexual
intercourse with the victim when she was 12 years old.”

On page 11, paragraph 3, Sgt. Hughes listed bullet quoted statements:

Bullet 1 Reads:

ADDENDUM 27



Case No.
shoes back on ending the foot massage. It was a kind of embarrassing moment yet
laughable by all and Plaintiff’s recalled it well, for it was the first day with the Stacy Day
family. (Plaintiff, Jose Roman Jr and Stacy married 8 months later.)

Plaintiff, Stacy Roman further explained that they collected Beanie Baby
characters that were made of cloth and recently some had got wet, molded, causing
them to smell bad, so Stacy said Tessa related the smell of Plaintiff, Jose Roman Jr's feet
to the smell of the mold.

Plaintiff’s clearly recall the scene where the foot massages took place in the
family room, at the townhome of Donna Orsburn. The Plaintiff, Jose Roman Jr further
recalled that he and Stacy were seated on chairs next to each other, for she was to the
right side about 1 foot away. Donna Orsburn was seated a little forward and diagonally
from Stacy’s right side. Tessa (age 9) was seated on the floor facing her mother and
plaintiff. Daisy was seated on a sofa and faced forward, yet diagonally from plaintiff's left
side, in view of Donna, Stacy, and Tessa (see Exhibit5, 2017 artist depiction). As stated
above, Plaintiff, Jose Roman Jr had good reason for requesting that Sheriff’s Detective
Bentzel interview above witnesses.

On July 1, 2013, Plaintiff, Jose Roman Jr was at home on Administrative leave
subject to being called to the Police Department for Administrative reasons, when Sgt.
Hughes telephoned and asked Plaintiff, Jose Roman Jr to meet with him at the Goodyear

Police sub-station to sign papers. Plaintiff, Jose Roman Jr drove to the sub-station and

ADDENDUM 4



Case No.
Stacy Roman to ask her to drive to the Goodyear Police Estrella Substation to take
possesion of Plaintiff, Jose Roman Jr’s car. When Stacy arrived, plaintiff’s keys were
released to her, and per Stacy Roman, Sgt. Hughes told her he would contact her to
follow up and to obtain information on timeline and events and to speak with her and
others. Plaintiff, Stacy Roman states that Sgt. Hughes never contacted her at any time
since July 1, 2013.

Plaintiff, Jose Roman Jr states that during his 18 months in custody at the county
jail, Sgt. Hughes never attempted to jail house interview the plaintiff. Plaintiff, Jose
Roman Jr states for the above reasons, the Internal Investigation is one sided, bias, and
was falsely and inaccurately reported. Plaintiff, Jose Roman Jr believes that if he would
have been interviewed, he would have spoken of Count 1, he would have been made
aware of the false Count 1 that Sheriff’s Detective Bentzel booked the plaintiff on and
corrective action could have then been taken by Sgt. Hughes and by the Plaintiff, Jose
Roman Jr.

Plaintiff states that the Molestation of a Child incident (Count 2), was also falsely
alleged by the victim. Sgt. Hughes, who had a copy of the Sheriff Interview transcript of
the victim, could have disclosed exculpatory information in the IA report, such as the fact
the plaintiff did not commit Count 2, Instead Sgt. Hughes covered up for Sheriff’s
Detective Bentzel which had a major impact on the plea offer and the sentencing as it

pertained to Count 2, Molestation of a Child, a class 2 Felony. The major statement

ADDENDUM 18


Case No.
documented by Sheriff’s Detective Bentzel in the Sheriff’s report, specifically in the
interview between Sheriff’s Detective Bentzel and Officer Shackleford that’s listed on
pages 3 and 4. The following are quoted excerpts from paragraphs which read:
“Did she [victim] ever tell you about anything Jose may have done to her that was
inappropriate and he said no.” “He said that she was a habitual liar.”

Later Sheriff’s Detective Bentzel asked “...Given what you know f Daisy would
allegations like this surprise you and he said no it would not, she is capable of lying.” He
did say “no one in the family had ever bothered to tell him that the victim had a child or
was married.” Detective Bentzel asked Officer Kyle Shackleford, “I asked him what he
thought about Jose.” “He said he was very quiet and he doesn’t see him much outside
of investigations.” “He said he keeps to himself a lot and that he only saw him on a few
crime scenes. | asked if he had any family time interaction with Jose and the family, He
said just once at a child’s party at Peter Piper Pizza. He said Jose was a very quiet normal
guy but that his wife and mother-in-law were a bit weird. | asked how so and he said
that they were both concerned about money and very materialistic.” (See Exhibit 26)

On page 9, paragraph 6 it reads:
“Georgiy the ex-husband of [victim] was interviewed. Georgiy stated he was married to
[victim] and during this time they were married, [victim] would refer to [plaintiff] as a
“Pedophile” and that [victim] did tell him she was sexually abused by [plaintiff], but she

would not share details with him as she was too embarrassed to talk about it.”

ADDENDUM 24


ORIGINAL COMPLAINT“JURY TRIAL DEMANDED” - 34



Case No.
it was the plaintiff who first spoke with Sgt. Hughes in person at the Goodyear Police
Department’s Administrative Office around 7:30 a.m. on May 9, 2013. Plaintiff briefly
told Sgt. Hughes that he had an argument with his step-daughter over her being involved
in cheating with the husband of her sister. As a diversion, the stepdaughter/victim
began to accuse the Plaintiff, Jose Roman Jr of sex acts and threatened to contact his
Lieutenant, so Plaintiff told her to call. Sgt. Hughes said he would handle things and
would also notify the Chief of Police (Jerry Geier).

Plaintiff, Jose Roman Jr was well aware that Goodyear Police personnel are to
inform the Professional Standards Unit of any police contact or involvement off-duty.
Since Sgt. Hughes was the Professional Standards Unit Supervisor, he notified him.

Sgt. Hughes failed to document Plaintiff, Jose Roman Jr’s initial contact with him.
Instead, Sgt. Hughes documented the first chronological event which reads,
“Complainant, Daisy Asriyan, makes initial complaint to the Goodyear Police
Department.” The above true account was concealed from Section 3 Executive
Summary.

Plaintiff states that in Section 2 Chronology of the Investigation, at the July 1,
2013 entry, Sgt. Hughes falsely documented “PSU was made aware that Detective Joe
Roman was arrested and booked into jail for several counts of Molestation of a Child,
Sexual Conduct with a Minor, and Sexual Abuse of a Child Under the Age of 15.” Sgt.

Hughes covered up the fact that he actually assisted in plaintiff’s arrest while in his

ADDENDUM 11


Case No.

Sgt. Hughes had the ability to listen to the audio recordings, to have them
transcribed and to impartially perform and administrative investigation and document
his own accounts and findings. Instead in many instances, Sgt. Hughes plagiarized from
the Sheriff’s report and most specifically, the Sheriff’s Booking Probable Cause Summary
Addendum. (See Exhibit 6 Addendum.)

The Booking Addendum listed in its first paragraph the following: “On
05/09/2013 the now 22 year old victim came forward and reported that the beginning
was when she was 12 years of age, the suspect Jose Jesus Roman Jr with a Date of Birth
of 12/28/1960, molested her by placing his fingers into her vagina while she was asleep
on the family couch. This incident was not reported to the Police at the time. Instead
the victim was moved to the home of her Maternal grandmother where she remained
until leaving home to get married.”

The above quoted statements, specifically the first had been falsely reported by
Sheriff’s Detective Bentzel, for the statements given by the victim, the plaintiff and
family members never spoke of or on any Sexual Conduct with a Minor at the age of 12,
which became Count 1, for what was spoken was the allegation of Count 12, Sexual
Conduct With a Minor at the age of 14. Therefore, Sheriff’s Detective Bentzel falsely
introduced Count 12 as Count 1 and Sgt. Hughes likewise did the same in the IA Report.
Both in violations of ARS 13-2809A.1, A.2, and 13-2311A.

The interview between the victim and Sheriff’s Detective Bentzel corroborates the

ADDENDUM 13



I declare under penalty of perjury that the foregoing is true and correct.

Executed this 2 day of __ December », 2ard

fag

Jose Roman Jr. Plaintiff- Pro Se

ORIGINAL COMPLAINT“JURY TRIAL DEMANDED” - 33


Case No.
you don’t get the details and those kind of things.”

Plaintiff states that today and always his pubic hair has been black in color with no
gray, thus proving the victim’s description as false.

The Sheriff’s photograph’s clearly corroborated plaintiff’s statements that the
victim can not describe the plaintiff’s penis and scrotum for she has never seen it or
touched it.

Plaintiff Jose Roman Jr states that Set. Hughes failed to document plaintiff's
exculpatory statements and photograph evidence on the above subject matter that was
clearly disclosed in the Sheriff’s transcript.

In the IA report on page 8, paragraph 8, it reads: “During the call, Stacy asked
Roman to apologize for what he had done to Daisy.” “Roman did in fact apologize to
Stacy.” Sgt. Hughes failed to document the actual statements the plaintiff made for in
the Sheriff’s confrontation call transcript it reads:

Q- Stacy Roman, A- Plaintiff

Lines 375 through 392

Q- “You don’t even think you owe me an apology?”
A- “No.”

Q- “So it’s okay.....”

A- “No.”

Q- “...Okay that you did what you did?”

ADDENDUM 22



Notice of Claim; Counts | Through 16.
B. $11,000,000.00 would be the principal amount for the City of

Goodyear Municipal Corporation, Goodyear Police Department

Chief of Police Jerry Geier and Goodyear Police Sergeant Justin
Hughes. Notice of Claim 1; Counts 17 Through 25.
C. $15,000,000.00 would be the principal amount for the City of
Goodyear Municipal Corporation and Goodyear Police
Department Chief of Police Jerry Geier.: Notice of Claim 2; Count
26
2. For Plaintiffs costs and disbursement incurred herein
3. For statutory interest rate pursuant of 28 U.S.C. §1961(a) on interest of
The principal amount of $38,000,000.00 on the amount of the judgment
After judgment is entered; and
4. Such other and further relief as the court deems just and equitable in

the circumstances.

Other Cases

Plaintiff has filed one lawsuit as a prisoner.
Jose Roman, Jr. vs. Traveler's Home and Marine Insurance Company
US District Court for District of Arizona, No. CV17-08151-PCT-JAT

RESULT: Plaintiff dismissed complaint through settlement agreement

ORIGINAL COMPLAINT“JURY TRIAL DEMANDED” - 32


Case No.
home of her maternal grandmother where she remained until leaving home to get
married.”

The quoted statements, specifically the first quoted was falsely reported by
Sheriff’s Detective Bentzel and similarly by Sgt. Hughes in the IA report. For the
statements given by the victim in her interview and by Plaintiff Jose Roman Jr in his
interview as well as the interviews of family members clearly reveal that there was never
an incident involving Sexual Conduct of a Minor at the Age of 12 or any crime incident
around that age. The interviews were in reference to that being Sexual Conduct with a
Minor at the age of 14 that Sheriff’s Detective Bentzel also charged as Count 1.

In the same booking addendum in the second paragraph it reads, “In which the
suspect admitted to the molestation by stating that he did touch the victim when she
was 12 years old.” Sheriff’s Detective Bentzel falsely introduced this statement (See
Exhibit 6 addendum) and also a letter by Peter King. (Exhibit 13).

Sgt. Hughes similarly documented this into the IA report.

Plaintiff proceeded to read the Grand Jury transcript which showed that on July 9,
2013 the Maricopa County Attorney’s Office presented plaintiff’s case before Maricopa
County Grand Jury 591, under Grand Jury proceeding No. 591 GJ 142 for 12 counts of
Sex Offenses (See Exhibit 3, Direct Complaint and Indictment) which listed seven more
counts than were documented in the Sheriff’s report and the jail booking documents.

(See Exhibit 1, page 17)

ADDENDUM 30



Case No.

Sgt. Hughes intentionally concealed a crucial statement made by Georgiy which reads:
“She said she was asleep when he came in and confused her with her mother and in
some sort of way put his hands on her. He said she was not specific about it as she was
always too embarrassed to talk to him about it.” “| asked him when did that incident
happen and he said she did not tell him any dates, but she told me about it about 3
months after they met in 2006.”

Plaintiff Jose Roman Jr and Officer Shackleford similarly referred to the victim as a
liar. Plaintiff believes for this reason alone, Sgt. Hughes should have contacted Plaintiff
Stacy Roman and family members to obtain statements which were available a few days
after plaintiff’s arrest. (07/01/13)

Plaintiff Jose Roman Jr became aware that Stacy had the two audio recordings of
the confrontation conversations stored on her cell phone. Plaintiff Jose Roman Jr also
knew that on July 1, 2013 Stacy had sent them electronically to family members in her
attempt to justify why she betrayed her husband before the Sheriff.

Family members and friends who knew the plaintiff could easily tell for
themselves that the Plaintiff Jose Roman Jr was asking for Stacy to ask the victim specific
questions, while at the same time talking trash to Stacy so she would become angered at
the victim. Plaintiff Jose Roman Jr also was angered for Stacy talking to the Sheriff's
Office about himself and their family life. (See Exhibit 8)

Plaintiff, Jose Roman Jr states that Sgt. Hughes did not make any reasonable

ADDENDUM 25



Case No.
Allegation 1, Count 1
Indictment reads: “(To Wit: Penile Vaginal-when the defendant was 42 and the

victim 12.)”

IA Report reads:

“(To Wit: Detective Roman penetrated the victims Vagina with his Penis. The
victim was 12).”

Allegation 2, Count 2

Indictment reads:

“(To Wit: Foot rub in Glendale-First time).”

IA Report reads:

“(To Wit: Detective Roman touched the victims Vagina with his foot while the
victim was giving him a foot rub. This was the first foot rubbing incident that
occurred in Glendale).”

Allegation 3, Count 3

Indictment reads:

“(To Wit: Foot rub in Glendale-last time).”

IA Report reads:

“(To Wit: Detective Roman touched the victims Vagina with his foot while the
victim was giving him a

Foot rub. This was the second foot rubbing incident that occurred in Glendale).”

ADDENDUM 9


Case No.
Internal Investigation position.

Plaintiff states that in the second part of the July 1, 2013 entry, Sgt. Hughes
falsely introduced the statement, “and sexual abuse of a child under the age of 15.” The
Sheriff’s jail booking documents (See Exhibit 6), clearly show that Sgt. Hughes falsely
introduced this statement, creating an additional criminal offense, for the jail booking
documents list 3 Counts of Molestation of a Child and 2 counts of Sexual Conduct With A
Minor. The jail booking documents does not list the “Sexual Abuse of a Child Under the
Age of 15” as Sgt. Hughes documented.

The false introduction of words, statements and his cover up in regards to the July
1, 2013 entry and in the Executive Summary clearly reveal that Sgt. Hughes intentionally
committed criminal acts in violation of ARS 13-2809.A1, A2, and 13-2311A.

Plaintiff discovered in Section 3 Executive Summary, that Sgt. Hughes falsely
documented on page 6, paragraph 3 that reads “[Victim] stated she wanted to “press
charges” and stated the abuse started when she was 12 years old and continued until
she left her parents’ house.” Daisy stated Roman would “put his fingers inside me,” and
“these incidents occurred in Glendale, Tonopah, and other locations.”

Sgt. Hughes documented in Section 6 Evidence, that the Goodyear Police
Department held as evidence, the Sheriff’s departmental report 13-088305, as well as all
the CD’s and DVD videos of the Sheriff’s interviews. Sgt. Hughes also documented that

he observed the interviews.

ADDENDUM 12