Sedona Verde Valley Times Guest Editorial by Tommy Acosta

Sedona AZ (December 9, 2008) – On November 24, Judge C. Kenneth Ray II of the Sedona Magistrate Court issued an order that the case against Sedona citizen Clifford Ochser filed by Sedona City Attorney Michael Goimarac, in the matter of former mayoral candidate Matthew Turner receiving an alleged-threatening letter, must go to jury trial 9 a.m. on January 29, 2009, at City Hall.

One year has gone by since Mr. Ochser sent Mr. Turner an anonymous letter advising Mr. Turner to drop out of the race because Mr. Turner was advertising and soliciting sex on the Internet.

Mr. Turner identified Mr. Ochser as the source of the letter. An ensuing police investigation by Sgt. Spokes of the Sedona Police Department determined the letter was not threatening in nature.

During the time of the investigation, Mr. Ochser was campaigning for Mayor Rob Adams who won the election. Mr. Ochser was a member of the 89 Safety Committee for 89A at the time.

City Attorney Michael Goimarac chose to file two misdemeanor charges against Mr. Ochser.

In his order for the trial, Judge Ray cites Constitutional issues for the necessity of a jury trial and has demanded Mr. Turner be present in person at the trial, rather than participate by telephone as he did at a pre-trial conference held November 24 in Council chambers.

The case boils down to whether it can be proven the initial letter was of a threatening nature causing the recipient to fear bodily harm. The Constitutional rights of the defendant to have written such a letter will also be considered.

Mr. Turner moved away from Sedona shortly after his election defeat.

OK. That’s enough of the traditional news aspect of this article.

Let us now get into the juicy parts.

Anyone who was present at the November 24 pre-trial conference on this case had to have walked away with singed ears and a whole new set of words and phrases concerning the sexual practices of some of those who solicit sex on the internet.

One thing this trial promises to be on January 29 is explosive — quite educational for those not familiar with explicit-sexual vernacular; revealing; and extremely embarrassing for Sedona, to say the least.

For those with the stomach to be present at the trial, be prepared because most likely you will hear things about sex you never imagined in your wildest dreams.

On tactics, the defense will seek to prove Mr. Turner lied about not soliciting sex on the Internet; that an initial police investigation by an SPD Sergeant deemed the letter in question not to be a threat; that the city, despite that finding, went ahead with the case as a means of discrediting mayoral candidate Rob Adams, and, as a means to discredit Mr. Ochser, a Dark Sky proponent.

The defense can also be expected to cite Mr. Ochser’s intention behind the letter as offering “discreet” advice to Mr. Turner not to run because, when his [Mr. Turner’s] sexual practices come out, it would bring major shame to the office of mayor and Sedona itself.

The court has explicit photos that Mr. Turner allegedly used on the Internet and these will most likely be made available to the public and media as a matter of public record.

Mr. Turner’s character will be dissected. This is important because it will help the jury weigh Mr. Turner’s sincerity and his honesty on whether he really felt threatened or not or is just following the direction of the prosecuting attorney.

The defense might also call into question why the city is expending vast sums of cash and man hours to prosecute a citizen on a misdemeanor charge.

The defense could argue that the city fears a lawsuit from Mr. Ochser because the city tried to ruin Mr. Ochser’s reputation, as part of a plan to maintain status-quo on the Council by diminishing Mayor Adams’ chances of winning the election, through guilt by association.

When called as a witness, Mr. Turner will testify of the fear he had for his life and the fear he still has because of the letter and how his health has deteriorated since.

He will also claim that advertising for sex on the Internet is a safe way for individuals in the gay community to meet and form relationships.

The prosecution has a formidable task because it must prove beyond a reasonable doubt the letter was indeed threatening, and that Mr. Turner is honest in his interpretation it was so.

In the end, jurists will have to determine if the letter was threatening enough to cause the consternation and damage Mr. Turner and the prosecution claim.

Regardless, it is going to be one heck of a trial. There will be no-holds-barred cross-examination by the defense attorney and it will be quite interesting how Mr. Turner holds up under it.

But be forewarned, there will be language used at this trial that will make a camel blush. Mr. Ochser’s defense attorney is formidable, aggressive, sharp and fearless.

For Mr. Turner to even show up, will take a tremendous amount of courage and a willingness to have all his secrets concerning his solicitation for sex on the Internet revealed.

Don’t be surprised if major media or even international media pick up on this because of the trial’s sexual over and undertones, and the Constitutionality issue it embodies.

To read Court Documents associated the this case click here.

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