PHOENIX — Former state Rep. Don Shooter is asking a judge to force House attorneys to turn over the entire investigative report, and all documents behind it, that led to his ouster.

Shooter’s attorney, Kraig Marton, says in court filings that the documents he wants “have a direct bearing” on his efforts to defend Shooter against slander, libel, battery and negligence claims filed against him by Rep. Michelle Ugenti-Rita.

Marton said the documents also are necessary for Shooter to pursue his counterclaim of defamation against Ugenti-Rita.

The two attorneys hired by the House to investigate allegations of sexual harassment, Craig Morgan and Lindsay Hesketh, refused to honor a subpoena Marton issued, claiming the documents are protected either as work-product or attorney-client privilege.

Marton said that while House Speaker J.D. Mesnard eventually released an 82-page report, it is clear there is much more being withheld that is material to whether any claims in the civil lawsuit are true.

“For example, Shooter seeks the notes taken during the interviews that are summarized in the report,” Marton wrote. “He seeks all the documents given to the lawyers that led to the report. He seeks the identity of every person who spoke to the lawyers.”

Shooter was expelled from the House in February on a 56-3 vote after the investigative report prepared by the outside attorneys found “credible evidence” that the Yuma Republican violated House policy against sexual harassment.

Ugenti-Rita is one of the women the report said Shooter harassed.

Shooter in turn accused her of sexually harassing a former House staffer, which she denied. Marton said that staffer was interviewed by the House attorneys, but the information was withheld from the report.

Marton said the fact that Mesnard released some of the investigative findings means the speaker waived any claims of protection, either as attorney-client privilege or work product.

Gregory Falls, who is representing the House’s two outside lawyers, has accused Shooter of going on a “fishing expedition” to get information beyond what’s needed for the civil lawsuit.


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