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House Judiciary Committee Urges Review of USMS Mistaken Identity Arrest
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House Judiciary Committee Urges Review of USMS Mistaken Identity Arrest

PHOENIX — The House Judiciary Committee has written a letter to the Justice Department’s inspector general urging him to launch a review of the wrongful arrest of a 66-year-old woman in Phoenix by the US Marshals Service (USMS).

The letter is coming months after ABC15 reported the incident where USMS officials say they believed the woman they arrested was a woman wanted on an outstanding warrant from 1999.

Penny McCarthy, 66, was originally scheduled to have an identity hearing in federal court where she would prove she was not an accused Oklahoma felon who violated her parole. After ABC15 reported, a motion was filed by the US Attorney’s Office to drop the case.

The letter sent Monday to Inspector General Michael Horowitz is signed by House Judiciary Committee Chairman Jim Jordan (R-Ohio) and Arizona Rep. Andy Biggs, who is also the chairman of the Subcommittee on Crime and Oversight of the Federal Government.

The letter says an internal review by the USMS is not a strong enough response given the severity of the incident, stating:

“We are very concerned about both the carelessness of the USMS and the excessive force during this encounter. USMS’s lack of respect for Ms. McCarthy’s due process rights is very troubling and oversight is needed to ensure that similar abuses do not occur in the future. The stated mission of the Department of Justice (DOJ) OIG is to “examine the programs and personnel” of the USMS. criminal and civil laws, regulations and ethical standards arising from the conduct of Department employees.” Accordingly, please investigate this matter and report to the Committee on your findings and recommendations. Please confirm that you will review this meeting as soon as possible but no later than 2 December 2024.”

ABC15 asked the U.S. Marshals multiple times for their perspective on body cam videos of this incident, but they were not granted an interview.

Watch ABC15’s previous coverage of this incident in the player above.

In an earlier statement, the agency said: “The USMS continues to conduct a thorough review of the actions taken by deputy US Marshals regarding the fugitive investigation of Carole Anne Rozak and the subsequent wrongful arrest of Penny McCarthy.”

The DOJ did not respond to the letter requesting a formal review.

“What do I want? I want my life back. I want my DNA in my possession. I want my photos that they took into my possession,” McCarthy told ABC15 earlier this year.

Catch the latest coverage tonight on ABC15 News.

Read the full letter from Jordan and Biggs below:

Got a tip for the ABC15 Investigators? Email investigator Jennifer Kovaleski at [email protected]