Radtke Files Notice, “Acting In The Interests Of His Employer”
On Wednesday, the attorney for former Pima County Sheriff Chief Deputy Chris Radtke filed a Notice Of Public Authority Defense with the federal court. Sean Chapman filed the Notice and advised the court that an excludable delay was expected.
The Notice reads in part:
At all times alleged in the Indictment, and with respect to the acts alleged in the Indictment, Christopher Radke was acting as an employee of the Pima County Sheriff’s Department, acting within the lawful scope and authority of his employment on behalf of and in the interests of his employer (Pima County Sheriff’s Department). [Read Notice Here]
According to the Department of Justice, there are three types of situations that constitute a defense of governmental authority:
● The defendant may offer evidence that he/she honestly, albeit mistakenly, believed he/she was performing the crimes charged in the indictment in cooperation with the government.
● The affirmative defense of public authority, i.e., that the defendant knowingly committed ….
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