remember a few months ago when a TV 12 helicoptor videotaped some phoenix cops who had arrested and handcuffed a man. one cop kicked the man in the balls while he was handcuffed. one cop punched the handcuffed man in the face with his elbow. and i beleive two cops jumped up and down on the handcuffed man while he was laying on the ground. back then i said i wasnt a psyic but that i knew the pigs would not be charged with any crimes. guess what? Maricopa County Attorney Andrew Thomas, who decided not to prosecute the police criminals. Bill FitzGerald, a spokesman for Thomas, told Montini via e-mail, "We reviewed the investigation, including the TV-12 video tape, and concluded that the actions were not criminal. Original Article Tale of the tape differs for police and prosecutors Nov. 20, 2005 12:00 AM Last November, as a news helicopter from 12 News hovered overhead, Phoenix police officers caught up with a 22-year-old man who was suspected of having robbed and assaulted a pregnant woman. As the taped rolled, a couple of Phoenix police officers on the scene appeared to strike and step on Jaime Jimenez-Espinoza, a Mexican national, while he was face down on the ground with his hands cuffed behind his back. After seeing the video on TV, police opened an investigation. When it was over, two officers were suspended. Officer Thomas Beck was docked 40 hours' pay. In a written report, police investigators who viewed the videotape stated: "You (Beck) were then seen delivering what appeared to be a quick strike to the suspect's groin area with your right hand. . . . At the time you thrust your hand into the suspects groin area, there were at least three other officers present, and the suspect was neither actively nor passively resisting, and his hands were cuffed behind his back." In the case of Officer Steven Huddleston, who received a 200-hour suspension, investigators stated: "After the suspect was handcuffed and lying on his stomach, you were observed standing on the back of the suspect's left knee with your right foot, elevating yourself and applying all of your weight on the back of the suspect's knee. There were a total of six uniformed police officers around the suspect at the time, and the suspect appeared to be offering no resistance, and was not moving. A few seconds later, another officer lifted the suspect by his arms and began walking him to a patrol car. You threw an elbow strike to the suspect's face with your right elbow." Department rules governing use of force against a restrained suspect are very close to state laws that define assault. With that in mind, the department forwarded its report to Maricopa County Attorney Andrew Thomas, who decided not to prosecute. Bill FitzGerald, a spokesman for Thomas, told me via e-mail, "We reviewed the investigation, including the TV-12 video tape, and concluded that the actions were not criminal. We examined the videotape closely and concluded that a momentary stand on a leg was not criminal. A close review of the tape showed there was a shoulder to shoulder shove but no elbow to the face. A search for weapons did include the groin area." A good defense attorney would make all of these points. But I wonder if prosecutors would have reached the same conclusion if the suspect had been stepping on an officer's leg or delivering a "quick strike" to an officer's groin. (Computer users can view the 12 News footage at news.azcentral.com.) It would be difficult for an ambitious politician like Thomas to take the side of a reported criminal against two cops. Lots of people who vote believe that bad guys deserve to get roughed up. Although I'm unaware of any rules defining exactly how much. And are we OK with letting police officers decide which suspects deserve it? Or, maybe, are juries supposed to do that? Jimenez-Espinoza hadn't been convicted of anything. For now, Thomas' office told me that it has temporarily dropped charges against him because the key witness can't be located. Instead, he is in federal custody on a weapons charge. Thomas often speaks of being tough on crime and has publicly stated that some of those accused of violent crimes would no longer be offered plea bargains. Of course, one way of not plea bargaining is not to prosecute in the first place. Reach Montini at ed.montini@arizonarepublic.com or (602) 444-8978.