Michael Lacey (editor)

Michael Lacey
Born (1948-07-30) July 30, 1948 (age 76)
Binghamton, New York
Occupation(s)Journalist, editor, publisher, advocate
EmployerVillage Voice Media (formerly)

Michael G. Lacey (born July 30, 1948) is an Arizona-based journalist, editor, publisher and First Amendment advocate. He is the founder and former executive editor of the Phoenix New Times, which he and his business partner, publisher Jim Larkin, expanded into a nationwide chain of 17 alternative weeklies, known as Village Voice Media (VVM).[1]

The company focused on long-form, magazine-style journalism, and included such papers as the Village Voice in New York, LA Weekly, Miami New Times and the OC Weekly in Orange County, California, among others.[2] Lacey's papers prized investigative reporting and set a high bar for writing. His writers won more than 3,800 writing awards, including 39 Livingston Awards for Young Journalists, 67 James Beard Foundation Journalism Awards, 39 Investigative Writers and Editors awards, five finalists for the Pulitzer Prize, and one Pulitzer for LA Weekly culinary scribe Jonathan Gold, the first ever for food writing.[3][4][5][6]

Oct. 18, 2007 Phoenix New Times cover that prompted the arrests of Michael Lacey and Jim Larkin by Sheriff Joe Arpaio

His writers focused on police misconduct, political corruption and abuse of power, and he and his reporters often became targets for retribution by political enemies and law enforcement. The most famous of these retaliatory incidents was Maricopa County Sheriff Joe Arpaio's arrests of Lacey and Larkin, after the pair exposed illegal grand jury subpoenas that demanded notes and other investigative material from journalists at Phoenix New Times, as well as information on the papers' online readers.[7][8]

The arrests of two prominent newspapermen caused a national outcry, and the county attorney dropped the case. Lacey and Larkin sued, eventually receiving a $3.75 million settlement. They used the settlement to create the nonprofit Frontera Fund, which donated the money to pro-immigrant organizations in Arizona.[9]

Lacey and Larkin sold VVM to company execs in 2012, separating the company from Backpage.com, a classified listings site they created in 2004 to compete with Craigslist.org.[10]

Backpage came under criticism from state attorneys general and nonprofits that accused the company of facilitating prostitution and sex trafficking through its adult, dating and massage sections. Backpage cooperated with law enforcement and moderated its site for illegal activity, but attorneys general and others demanded the site take down all adult-oriented ads, even though federal court rulings found the ads to be First Amendment-protected speech. The ads also enjoyed Section 230 immunity, which generally holds websites harmless for content posted by users.[9][11][12][13]

In 2015, Lacey and Larkin sold the company to its CEO, Carl Ferrer.[14]

Screenshot of Backpage.com following the seizure of the company by the FBI

In October 2016, then-California AG Kamala Harris had Lacey, Larkin and Ferrer arrested on pimping charges. Harris was running for U.S. Senate at the time. The pimping charges were twice thrown out based on the First Amendment, Section 230 and the AG's lack of jurisdiction, which Harris was aware of when her office filed the charges.[15][16][17]

On April 6, 2018, the FBI raided Lacey and Larkin's homes and seized Backpage, removing it from the internet. Lacey and Larkin were arrested, held for a week, then released on $1 million bonds. They contend their prosecution is political payback for their 40-plus years in the newspaper industry, during which they made powerful enemies such as Backpage-critics Sen. John McCain and his wife Cindy.[18][9][19]

They and four former Backpage execs face up to 100 counts of facilitating prostitution, money laundering and conspiracy. All six have pleaded not guilty. Their trial commenced on Sept. 1, 2021.[20][9][21] After eight days and four witnesses, Judge Susan Brnovich declared a mistrial.[22][23][24] During the trial, the judge warned the prosecution to avoid discussion of sex trafficking and child sex trafficking, which the defendants are not charged with, and to keep the focus on the actual charges of facilitating prostitution under the U.S. Travel Act. But the prosecution's opening statement and two prosecution witnesses both discussed child sex trafficking. The judge felt that the cumulative effect of the government's opening statement and the prosecution's questioning of these witnesses unfairly tainted the jury.[25]

Brnovich scheduled a new trial for February 22, 2022.[26] She later recused herself from the case. Federal Judge Diane Humetewa was appointed to replace her. In a Jan. 20, 2022 article in Reason, Elizabeth Nolan Brown reported the following: "A new federal trial was supposed to start in February, but it's been postponed as the parties battle over whether the case should be totally dismissed. In December, a district judge dismissed defendants' motion to dismiss; they responded by appealing to the 9th Circuit Court of Appeals."[27]

On September 21, 2022, a three-judge panel of the Ninth Circuit Court of Appeals denied the defendants' request that the court reverse Humetewa and dismiss the case because a new trial would violate the U.S. Constitution's prohibition on Double Jeopardy.[28] The panel wrote that "the government’s misconduct" during the trial "was not so egregious as to compel a finding" that prosecutors intended to provoke a mistrial, the legal standard for dismissal in this instance.[29] A new trial reportedly could take place in 2023.[28]

Larkin committed suicide on July 31, 2023, a week before the second trial was set to begin.[30] Humetewa rescheduled the trial to begin on August 29, 2023.[31]

The jury returned a verdict on November 16, 2023, finding Lacey guilty of one count of international concealment money laundering and not guilty on one count of money laundering. On 84 additional counts against Lacey, the jury returned no verdict, with Humetewa declaring a mistrial on those counts.[32] Of his four co-defendants, two were found not guilty of all charges, and two were found guilty on multiple counts.[33]

In January 2024, federal prosecutors filed notice of their intent to retry Lacey on the outstanding 84 counts on which the jury was hung.[33] In April 2024, Humetewa ruled on an outstanding defense motion made at trial, acquitting Lacey of 50 counts of those 84 outstanding counts, citing "insufficient evidence" to support convictions.[34][35] The maximum sentence for Lacey's one money laundering conviction is 20 years in prison.[32] Lacey's sentencing is scheduled for July 9, 2024.[36]

  1. ^ "Michael Lacey". Arizona Music & Entertainment Hall Of Fame. Retrieved 2021-08-24.
  2. ^ "New Times Will Buy Village Voice Media". The New York Times. Bloomberg. 2005-10-25. ISSN 0362-4331. Retrieved 2021-08-24.
  3. ^ "Village Voice Media", Wikipedia, 2021-07-10, retrieved 2021-08-24
  4. ^ "Past Winners – Wallace House". 2017-05-10. Archived from the original on 2017-05-10. Retrieved 2021-08-24.
  5. ^ "James Beard Award Winners | James Beard Foundation". www.jamesbeard.org. Retrieved 2021-08-24.
  6. ^ "Investigative Reporters and Editors | IRE Awards". 2017-10-24. Archived from the original on 2017-10-24. Retrieved 2021-08-24.
  7. ^ Carr, David (2008-05-12). "A Knock in the Night in Phoenix". The New York Times. ISSN 0362-4331. Retrieved 2021-08-24.
  8. ^ Hendley, Matthew. "Joe Arpaio Loses: New Times Co-Founders Win $3.75 Million Settlement for 2007 False Arrests". Phoenix New Times. Retrieved 2021-08-24.
  9. ^ a b c d "The Senate Accused Them of Selling Kids for Sex. The FBI Raided Their Homes. Backpage.com's Founders Speak for the First Time". Reason.com. 2018-08-21. Retrieved 2021-08-24.
  10. ^ "Wired "Inside Backpage's Vicious Battle with the Feds"".
  11. ^ Wed, Aug 28th 2019 6:51am-Mike Masnick (28 August 2019). "New Government Documents Reveal That Backpage Was Actively Helping Law Enforcement Track Down Traffickers". Techdirt. Retrieved 2021-08-24.{{cite web}}: CS1 maint: numeric names: authors list (link)
  12. ^ Mon, Jul 9th 2018 9:15am-Mike Masnick (9 July 2018). "More Police Admitting That FOSTA/SESTA Has Made It Much More Difficult To Catch Pimps And Traffickers". Techdirt. Retrieved 2021-08-24.{{cite web}}: CS1 maint: numeric names: authors list (link)
  13. ^ Goldman, Eric. "Big Win For Free Speech Online In Backpage Lawsuit". Forbes. Retrieved 2021-08-24.
  14. ^ Kiefer, Michael (2012-09-23). "Phoenix New Times founders selling company". The Arizona Republic. Archived from the original on 2012-09-26. Retrieved 2021-08-24.
  15. ^ "Judge rejects pimping charges against escort services site". Associated Press. 10 December 2016.
  16. ^ Ruelas, Richard. "Pimping charges tossed against Backpage founders". The Arizona Republic. Retrieved 2021-08-24.
  17. ^ "Former Backpage.com Heads Say Pimping Charges Motivated by Politics, Not Facts". Reason.com. 2016-10-20. Retrieved 2021-08-24.
  18. ^ Lemons, Stephen. "The Defiant Ones: New Times' Founders Fire Back at Cindy McCain, U.S. Government". Phoenix New Times. Retrieved 2022-02-17.
  19. ^ Ruelas, Richard. "Backpage co-founders say prostitution charges politically motivated, stem from their journalism at New Times". The Arizona Republic. Retrieved 2022-02-17.
  20. ^ "Ex-Backpage owners head to trial over alleged sex ads". AP NEWS. 2021-08-31. Retrieved 2021-09-15.
  21. ^ "U.S. v. Lacey, et al".
  22. ^ "United States v. Lacey, No. CR-18-00422-001-PHX-DJH | Casetext Search + Citator". casetext.com. Retrieved 2022-02-12.
  23. ^ "Biased Testimony in Backpage Case Triggers Mistrial". Reason.com. 2021-09-14. Retrieved 2022-02-12.
  24. ^ "Judge declares mistrial at trial of Backpage.com founders". AP NEWS. 2021-09-14. Retrieved 2022-02-12.
  25. ^ Ruelas, Richard. "Federal judge declares mistrial for Backpage executives accused of facilitating prostitution". The Arizona Republic. Retrieved 2021-09-15.
  26. ^ "New trial set for Backpage founders after recent mistrial". AP NEWS. 2021-10-05. Retrieved 2022-02-12.
  27. ^ "Maggy Krell Repackages Her Bogus Backpage Prosecution Into a Book". Reason.com. 2022-01-20. Retrieved 2022-02-12.
  28. ^ a b Brown, Elizabeth Nolan (2022-09-22). "Retrial of Backpage execs wouldn't be double jeopardy, court says". Reason.com. Retrieved 2022-10-14.
  29. ^ "U.S. v. Lacey, et al.: Memorandum Decision" (PDF). Ninth Circuit Court of Appeals. September 21, 2022. Retrieved October 13, 2022.
  30. ^ Hennie, Katya Schwenk, Matt. "Jim Larkin, pioneering co-founder of Phoenix New Times, dead at 74". Phoenix New Times. Retrieved 2024-06-19.{{cite web}}: CS1 maint: multiple names: authors list (link)
  31. ^ Jenkins, Jimmy. "Backpage trial pushed back after Larkin death by suicide". The Arizona Republic. Retrieved 2024-06-19.
  32. ^ a b Duhownik, Joe (November 16, 2023). "Backpage creator Michael Lacey dodges prostitution conviction". Courthouse News Service. Archived from the original on November 29, 2023. Retrieved June 19, 2024.
  33. ^ a b "Backpage founder convicted of 1 count of money laundering. Arizona jury deadlocks on 84 other counts". AP News. 2023-11-17. Retrieved 2024-06-19.
  34. ^ "Judge Acquits Backpage Co-Founder Michael Lacey on Most Counts". Yahoo News. 2024-04-25. Retrieved 2024-06-19.
  35. ^ Brown, Elizabeth Nolan (2024-04-29). "Backpage: A blueprint for squelching speech". Reason.com. Retrieved 2024-06-19.
  36. ^ Lemons, Stephen (2024-05-15). "Sentencing for Journalist Michael Lacey Pushed Back Till July 9Front Page Confidential". Front Page Confidential. Retrieved 2024-06-20.