EXHIBIT E

Case 2:18-cr-00422-DJH Document 104-2 Filed 04/19/18 Page 1 of 6
April 9, 2018

Steve Udall

Post Office Box 1080

St. Johns, Arizona 85935

Your Honor:

My name is Steve Udali and before my retirement I served as Apache County Attorney for 25

years. During that time I also served as President of the Arizona County Attorneys and Sheriffs

Association and sat on the board of the Na#ional District Attorneys Association. I also served as

a Federal Magistrate in Flagstaff for over eve years. With my family I operate a cattle ranching

operation in northeastern Arizona today.

Michael Lacey has been my friend for many years and I know him as a journalist of great skill

and character. His bady of work over many decades speaks for itself and his commitment to

making a positive difference in his communi#y has characterized his career as a journalist and as

a fighter for the interests of people who could not fight their own battles.

am given to understand that the question before you is the conditions of Mr. Lacey's release

as he prepares to defend against a grand jury indictment. Please permit me the observation

that I do not believe Mr. Lacey needed to be incarcerated in this matter—I believe he would

have surrendered had he been asked—and that a reCease on his own recognizance would be a

sound decision based on Mr. Lacey's long ties to the community, the absence of a criminal

record, and his inng history as a man of character wha honors his commitments.

The Michaet Lacey !hold in high regard will appear at court appearances. Indeed, I think it is

safe to say that I have met few people in my life less likely to duck a fight than Mr. Lacey. He

will be there as ordered because it is not in his character not to be there. I most appreciate your

time in giving consideration to my comments.

Yours very truly,

~~~~~- (~~ r~~ Steve Udall

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Case 2:18-cr-00422-DJH Document 104-2 Filed 04/19/18 Page 2 of 6
DALE A. BAICH

PRESIDENT

AMERICANCIYILLISfRTIESUNION AtdER~CANCIV{LLIBERiIESUN~ON

FOUNDATION Arizona

Arizona

Apri19, 2018

AMERICAN CIVIL The Honorable Bridget S. Bade

LIBERTIES UNION United States District Court FOUNDATION OF

ARIZONA For the District of Arizona

Sandra Day O'Connor U.S. Courthouse, Suite 324

American Civil Liberties 401 West Washington Street

Union (ACLU) of Arizona

P

Phoenix, Arizona 85003 .O. Box 17148

Phoenix, AZ 55011

Dear Magistrate Judge Bade:

Tel: 602-773 -6006

Faaz: 602-650-1376 This is a letter of reference on behalf of Michael G. Lacey in connection with

Visit: www.acluaz.org his upcoming bail hearing. I am an attorney and writing this letter on behalf

of the American Civil Liberties Union (ACLU) of Arizona.

I've known Mr. Lacey since I joined the Board of Directors of the ACLU of

Arizona. He is a committed advocate and supporter of the ACLU and its

principles. In the early 70s, the ACLU of Arizona offices were located in the

same small building as the Phoenix New Times. He was a close friend of our

first executive director and has maintained a strong connection to our affiliate

as an advocate and supporter since then.

As a journalist, he stood up in defense of some of the most vulnerable

members of our society —prisoners, immigrants, people suffering from

mental illness, LGBT people —ACLU clients whose rights were most often

violated by government because they were among the voiceless and

powerless. His articles shed light on government injustices particularly those

carried out by former Maricopa County Sheriff Joe Arpaio.

Mr. Lacey was featured along with eight other civil libertarians in an oral

history project of the ACLU of Arizona entitled Speak The Truth, which

shared the stories of committed civil libertarians who stood up to defend the

civil rights and liberties of all Arizonans. In 2008, we honored him with the

"Civil Libertarian of the Year Award," the ACLU's highest honor bestowed

annually to individuals who make outstanding contributions to the

advancement of civil liberties.

In his role as a prominent member of the community, Mr. Lacey instituted a

minority internship program that trained dozens of young journalists about

Case 2:18-cr-00422-DJH Document 104-2 Filed 04/19/18 Page 3 of 6
what it means to be an honest, hard-working and ethical reporter. He is

widely respected by former staff members who saw him as a mentor and role

model.

Mr. Lacey has written extensively about justice throughout his 40-year career

as a writer and editor, and understands that the rule of law must be respected.

I have no doubt that he is taking the charges seriously. This is not a man who

will simply ignore his responsibility or obligation to appear in court,

especially when so much is on the line.

Mr. Lacey and the ACLU of Arizona have for decades been co-workers in

Michael G. Lacey the fields of the First Amendment. We admire the courage of his journalism.

Support Letter But that is not why I am writing this letter. I am writing because he has been

Page 2 of 2 an honorable, contributing member of our community for decades, and he has

posed and now poses no threat to public safety. He understands the

consequences to himself and others of not appearing in court. His

commitment to his family, his two sons and his longtime friends ensures that

he is not a flight risk. He will show the same courage facing the charges

against him that he has shown in his journalism. He is a consistent, principled

and vocal supporter of what is right and wrong and that, above all else, will

guide his actions in this situation.

I would respectfully urge you to consider these factors when making a

determination about whether he should be deprived of his liberty.

Respectfully yours,

Dale A. Baich,

President, ACLU of Arizona Board of Directors

Case 2:18-cr-00422-DJH Document 104-2 Filed 04/19/18 Page 4 of 6
KATHLEEN FERRIS

ATTORNEY

6144 N. Camelback Manor Drive

Paradise Valley, Arizona 85253

kathleen.ferris@azbar.org

602.615.4255

April 8, 2018

RE: LETTER OF REFERENCE ON BEHALF OF MICHAEL G. LACEY

Dear Your Honor:

I am a lawyer in private practice in Phoenix, Arizona. I am also a Senior Fellow at the

Morrison Institute for Public Policy at Arizona State University. I have held several

executive positions, including Director of Arizona Department of Water Resources, a

state agency, and Executive Director of the Arizona Municipal Water Users Association,

a non-profit association. I have also served as a member of the Board of Directors of the

Arizona Center for Law in the Public Interest and as President of the Board of Trustees of

the Tesseract School.

understand that Michael is facing federal criminal charges and that a decision is being

made on whether he will be released or detained pending trial. I write to

unconditionally recommend that he be released pending trial.

Michael and I met in 1980 when he was the owner/editor of the Phoenix New Times.

We married in 1985 and subsequently had two sons. While our marriage ended in 2Q05,

we remain friends.

For most of his adult life, Michael was a dedicated journalist. Beginning in 1970 with his

coverage of protests at Arizona State University following the Kent State massacre, he

never shied away from reporting on important or controversial stories. As he and his

partner, Jim Larkin, expanded their publications, they attracted talented staff writers

and national recognition. Michael set the standard for courageous writing and won

numerous awards, including the Clarion Award from the Association of Women in

Communications for his story about a diabetic woman who died in jail custody. In 2011,

he led a Village Voice Media series on immigration that won the James Aronson Award

for Social Justice Journalism.

Along the way, Michael refused to be intimidated by those who would have preferred

that he remain quiet. He was fearless and absolutely committed to telling the truth.

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Michael's personal life reflects a man who cares deeply about important issues, family

and friends. He honored every commitment he made to me when we divorced, takes

care of family members and friends in need, and contributes to worthy philanthropic

causes. Above all, he is devoted to his children, as they are to him.

Michael poses no danger to any person or the community. He is honest and keeps his

commitments. He is a man of integrity who would never cut and run. That is not in his

nature. Instead, he will remain to fight valiantly for what is right.

Thank you for your consideration of my recommendation.

Respectfully,

Ka hleen Ferri

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