Frank V. Simiele was a native New Yorker. He came to Arizona to practice law after graduating from Hamline University School of Law in 1983. After a tour of duty with the Phoenix City Prosecutors’s Office he joined the criminal defense bar. He was a private practitioner as well as a court-appointed counsel in the Cities of Phoenix and Tempe.
Frank passed away on January 21 of this year after a battle with a chronic illness called scleroderma. This illness and other health complications proved mortal but failed to extinguish the fire of Frank’s spirit.
Frank was perhaps the most zealous advocate I ever met. He was also always ready to offer a bit of professional advice or encouragement. The courthouse seems somehow deficient without the sound of Frank's voice resonating throughout its halls and rooms.
Frank's spirit outside the courthouse surpassed his zeal as legal counsel. He was a man who was deeply devoted to his wife, Lisa, his family, and friends. He knew how to savor the sweetness of life in a ball
Admirably, Frank strived to live a full and rich lifeeven after he received disturbing news about his health. The last time I saw him, only a few days before he died, he gave no hint that illness could beat him. I have no doubt it was Frank's extraordinary spirit that gave him strength in the face of adversity and peace at the time of death. In this way I believe Frank won a greater war even though his battle against illness was lost.
We will miss the physical presence of our brother Frank, but his spirit will live and be remembered forever.
| Glenn Jenks’s Kanavel DUI Case Dumped By Judge Malcolm Strohson |
Judge Malcolm Strohson took under advisement and then threw out a DUI stop made by Officer David Kanavel after he stopped a man exiting a bar for allegedly "drifting from side to side within his lane and speeding."
Phoenix attorney, Glenn Jenks, filed a motion to suppress all evidence. The motion alleged Officer Kanavel violated the defendant’s right to be free from unreasonable searches and seizures. It claimed the defendant was stopped "for pretextual reasons that had no basis in fact."
In addition, the motion requested that all evidence be suppressed due to prosecutorial misconduct since the state knew of Kanavel’s conduct and of his investigation by the Phoenix Police Department.
The motion alleged the internal investigation constituted exculpatory evidence, and the state failed and/or refused to disclose it in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 763, 31 L.Ed.2d 104 (1972).