Closing arguments scheduled in Jeff Flake son's lawsuit against Joe Arpaio

Closing arguments are scheduled Thursday at a civil trial over an allegation that one of Sen. Jeff Flake's sons was maliciously prosecuted by then-Sheriff Joe Arpaio in a now-dismissed animal cruelty case.

Austin Flake and his then-wife Logan Brown were charged with animal cruelty in the 2014 heat-exhaustion deaths of 21 dogs at a kennel operated by Austin Flake's in-laws. He and his wife were caring for the dogs while his in-laws were out of town. The case against the Flakes was dismissed at the request of prosecutors, and the kennel owners pleaded guilty to charges after an expert determined the facility's air conditioner failed because the operators didn't properly maintain it.

Arpaio was unable during his testimony last week to cite any evidence to back up the charges against Flake and Brown.

The lawsuit filed by the couple alleges Arpaio pursued charges against them to do political damage to the Republican senator from Arizona and gain publicity for himself. 

Earlier this month in court testimony, Stephen Montoya, an attorney representing the younger Flake and his ex-wife, pointed out the lack of evidence that his clients intended to harm the dogs. 

"It wasn't Austin's fault. It wasn't Logan's fault," Montoya said. The lawyer noted the criminal case contributed to the demise of the couple's marriage.

Arpaio is the controversial former sheriff Mr. Trump pardoned earlier this year. Arpaio was convicted in July of defying a judge's order. A federal court said in 2016 that Arpaio's policy as a sheriff of using traffic stops and workplace raids to find possible undocumented immigrants was racial profiling. Arpaio ignored the court order to end the traffic patrols targeting immigrants. Mr. Trump ignored requests to wait until after Arpaio was sentenced to consider action. 

Flake — along with Arizona's Sen. John McCain — criticized the pardon. 

"Regarding the Arpaio pardon, I would have preferred that the president honor the judicial process and let it take its course," Flake wrote on Twitter. 

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• Jeff Flake
• Joe Arpaio