PHOENIX — Following an ABC15 investigation, a Maricopa County Superior Court judge has ordered that a recently retired Phoenix homicide detective will finally have to answer questions in an ongoing murder case.
Judge Bruce Cohen made the ruling about Jennifer DiPonzio after a two-hour oral argument on November 30.
“Given the additional information, and there is some sealed in the court record, [the] defendant’s due process rights do outweigh the individual rights of Det. DiPonzio,” Cohen said from the bench.
RELATED: Too unwell to testify? ABC15 uncovers detective worked multiple jobs
The hearing was held because a defense attorney filed a motion asking the court to re-examine DiPonzio’s availability after seeing an ABC15 investigation.
The news report aired on October 23 and revealed DiPonzio had worked multiple jobs while the court believed she was too unwell to participate in proceedings in any way.
“The importance of this cannot be understated,” according to the October 27th motion filed by attorney David Le Leivre. “Defense has specifically alleged that Diponzio went on leave to insulate herself from accountability or questioning for her misconduct.”
The motion continued, “This recent report suggests that Det. Diponzio’s alleged medical condition and deriving unavailability are no longer the status quo. Accordingly, Defense asks for reconsideration of the prior ruling to determine whether Diponzio was (or now is) available.”
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Before going on medical leave and retiring under a confidential disability claim, DiPonzio repeatedly mishandled evidence and failed to complete important tasks and interviews.
The mistakes have impacted at least 37 court cases and 61 police investigations.
Cohen went back into chambers for nearly 30 minutes to review updated medical records for DiPonzio before making his ruling.
His decision could have broader implications as defense attorneys in other cases will now likely attempt to interview DiPonzio as well.
For more than a year, judges have been told DiPonzio is too unwell to testify, receive subpoenas, or even be contacted about her cases.
A previous judge in Le Leivre’s case issued the following order.
“The Court has no information that supports she would be available any time soon or possibly ever, as a result of medical issues,” according to the order filed on December 16, 2022.
Just two weeks later, an Instagram page promoting DiPonzio’s esthetician business put out its first post.
The caption: “It’s time to get busy.”
In addition to the Instagram post, an ABC15 investigation obtained pictures, documents, job postings, and other social media entries that show DiPonzio has worked at least two jobs this year.
Attorneys for DiPonzio indicated that she may try to challenge the judge’s ruling.
As it stands, the former detective will have to sit for a defense interview in the coming weeks.
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
