In general, federal, state and local prosecutors follow the law when it comes to speedy trials. But a man from Detroit has learned that the government sometimes waits years to charge someone with sexual assault -- and not because they were still investigating the case.
]]> In early May, the man was convicted of committing a sexual assault that occurred in 1997. Authorities said the lengthy delay in bringing charges in this case was due to a huge backlog in sexual assault cases that did not come to light until a 2008 visit of a property room. The county prosecutor and several state police officers "discovered" or "observed" more than 10,000 boxes containing "rape kits," or evidence gathered after an assault. Prosecutors randomly selected 400 of the rape kits and renewed the investigations.Some question whether the rape kits were truly "lost," suggesting that the investigations went unfinished, or simply filed away. Meanwhile, the accused man had gone on with his life, having assumed that authorities had cleared him in the case. The woman told police that a man broke into her home and threatened her with a gun, but the defendant said that he and the woman had consensual sex earlier that day.
Source: Detroit News, "15 years after rape, 'lost' case comes to trial," Laura Berman, May 1, 2012
]]>As in any community, many marriages on Indian reservations in Colorado are troubled by accusations of domestic violence. But due to issues related to tribal sovereignty and federal law, neither tribal police nor state or local authorities are allowed to investigate such claims when the accused person is not a Native American.
]]> That job belongs to federal investigators, but the FBI often does not allocate many resources to tribal domestic violence cases. The law goes back to a 1978 Supreme Court decision that ruled that tribes did not have jurisdiction over non-Indians in criminal matters on reservation land.However, that may change if the Senate's version of the Violence Against Women Act is enacted. The law is set to expire this year, and Congress has been debating whether to include provisions like one recommended by the Justice Department to empower tribal governments to prosecute misdemeanor domestic violence cases.
The Senate has passed a VAWA renewal bill with that provision, but the House's version does not include it. It is expected to put its version to a vote on May 16.
Non-Indian residents should be aware of this possible change in law, because if they are accused of domestic violence in the future, tribal police could come to arrest them.
Source: Washington Post, "American Indians seek protection from abuse by non-Indians in House domestic violence bill," May 14, 2012
]]>As we discussed in our April 24 blog post, it was discovered that a lab technician was using an improper amount of blood in testing for alcohol and producing inaccurate BAL figures as a result. The employee was fired and retesting of around 1,700 of his samples is underway, with about 800 reported complete as of May 11.
]]> The inaccurate reports came to light after an attorney for an accused man had his blood sample retested by a private lab. The retest figure, 0.199 percent, was significantly lower than the 0.218 percent produced by the health department employee. While the revised figure is still over the legal limit in Colorado, it is legally significant because state law requires jail time for anyone convicted of DUI with a BAL over 0.20 percent.Despite this result and another case of a retest producing a lower BAL, the state's toxicology lab supervisor claimed in a sworn affidavit on April 20 that the retesting had by that time uncovered cases where the inaccurate BAL was lower than the true figure. However, both of the cases of inflated BAL reports were retested prior to that statement.
With over half of the retests yet to go, it will be interesting to see if more inflated BALs are uncovered, and if the lab supervisor chooses to revise her testimony.
Source: Denver Post, "Colorado lab director says DUI errors aided suspects, but 2 retested lower," Felisa Cardona, May 11, 2012
]]>The legal basis behind the U.S. Attorney's threat, made in a letter sent to the dispensary owners, is a provision of federal drug law that, the letter claims, prohibits the dispensaries from doing business within 1,000 feet of a school, which includes universities. The U.S. Attorney's office has been sending the letters since January to dispensaries in the 16 states where medical marijuana has been legalized, but the round of letters to Colorado dispensaries went out on March 23. The federal authorities gave the stores 45 days to close.
]]> There is some difference between local and federal regulations about acceptable distance from schools. For example, in Colorado Springs, the City Council passed an ordinance stating that marijuana dispensaries must be 400 feet away from schools, which it defined as kindergarten through high school. It appears the federal government is claiming its drug laws and regulations supersede those on the state and federal level.That was not always the case under the current administration. A Justice Department memo from 2009 said that federal prosecutors would not take action against state-licensed medical marijuana stores. But in June 2011, the government reversed itself in another memo, leading to the current round of threats.
Source: The Colorado Springs Gazette, "Springs marijuana shop among 25 across state to close doors," Ryan Maye Handy, May 8, 2012
]]>The DNA tests which revealed the truth which set him free were conducted on blood stains on a work shirt he had in 1994. While at the time of his trial, there was testimony claiming that the blood on the shirt belong to an 18-year-old woman who was raped and murdered, a retest of the blood proved that it was not. He spent all that time in prison simply because he had a shirt with stains from his own blood.
]]> While the freed defendant's worst days may now be behind him, he is now 51 years old and faces an enormous challenge in trying to pick up the pieces of his shattered life, including the hurdle of trying to find employment to support himself. It is likely that many potential employers will only see the prison record and not grasp the fact that it was all a monstrous mistake. In addition, the innocent man has health problems, stemming from a back problem which was exacerbated by prison life.He also exhibited an upbeat sense of humor by noting in interviews that he would have to adjust to major changes in the outside world, in light of the fact that computers, cell phones, and texting were not as omnipresent when he first entered the prison walls almost two decades ago.
Source: Denver Post, "New DNA evidence clears convicted man in 1994 Grand Junction murder," Jessica Fender, May 1, 2012
]]>The defendant was the varsity girls' basketball coach at Alameda High School in Lakewood from 2010 through 2011. In early 2011, a 17-year-old student told a school employee that she and the defendant were having a sexual relationship. Police began investigating, and soon after, a 15-year-old student told authorities that she had had sex with the coach as well. In addition, prosecutors alleged at trial that the man attempted to have sexual contact with a third teen, and had sexually graphic photographs of two of the girls on his cell phone.
]]> After a four-day trial, the jury found the coach guilty of sexual assault on a child by a person in a position of trust involving a pattern in connection with his relationship with the 17-year-old. He was also found guilty of two counts of sexual exploitation of a child related to the photos. The jury found him not guilty on three counts, but the KMGH story does not say what those charges were.Sentencing has been scheduled for July 13. The defendant, 27, could face up to 54 years in prison on the three felony convictions.
Source: KMGH-TV, "Ex-Girls Basketball Coach Convicted In Sex Assault," Thomas Hendrick, April 27, 2012
]]>The defendant, along with LandCo's president, was accused of embezzling $3.1 million from investors on seven land development projects in El Paso County. Defendants said that the company chairman was not dishonest, but that some of the projects lost money due to the real estate market bottoming out in the recent recession. The criminal charges were the result of investors looking for someone to blame for the development deals not working out, defense attorneys said in their closing argument.
]]> At one key point prior to trial, a judge excluded some of the prosecution's evidence. Prosecutors appealed the ruling to the state Supreme Court, but the defendant prevailed.The charges of securities fraud, theft and conspiracy were the result of a grand jury indictment. The defendant also faces six white collar charges related to allegedly embezzling $1 million from a $42.3 million deal meant to keep the U.S. Olympic Committee headquarters in Colorado Springs. But his attorneys argue that, because the criminal complaint in the just-completed case referred to his alleged theft of that fund, trying him on those charges now would amount to double jeopardy. The Double Jeopardy Clause of the Fifth Amendment generally prevents people being tried on the same charges after acquittal.
Source: The Colorado Springs Gazette, "Developer acquitted on all charges," Wayne Heilman, April 23, 2012
]]>Now, with the reliability of all of the former lab worker's results in doubt, Lab Services is retesting 1,700 blood samples the analyst worked on. It is early in the process, with only about 250 samples retested as of April 20. But it is possible that more defendants will learn that the government's lab inflated their BAL at the time of their DUI arrest.
]]> According to the Lab Services director, the department first learned about the problem when a defendant had a private lab conduct its own blood test and found a lower BAL than the government version. Lab Services investigated and discovered that the analyst who tested the sample did not use a precise measurement of blood. State rules require exactly 0.5 milliliter of blood to be tested.The employee was fired, but the poor procedure found on the one test throws the rest of the analyst's work into serious doubt. As one defense attorney said, the production of scientific evidence like blood-alcohol tests must be reliable or should not be admissible in court.
Defendants potentially affected by the retests include those arrested by a Colorado State Patrol officer, a county sheriff's deputy or local police officer -- except for a Denver officer. The Denver Police Department handles its own blood tests.
Source: KMGH-TV, "State Fires Lab Analyst, Retests 1,700 DUI Blood Samples," Lance Hernandez and Thomas Hendrick, April 20, 2012
]]>In recent years, the campus of the University of Colorado-Boulder has become the site of one of the country's largest 4/20 rallies. Last year, more than 10,000 people gathered in the school's Norlin Quadrangle to demonstrate against drug laws prohibiting marijuana -- and, in some cases, to partake in the drug, perhaps as a form of protest.
]]> Whatever the motivation, this year it will be much more difficult for students and local residents to demonstrate on campus. University officials said they will lock down campus to anyone who is not a student or otherwise granted permission to enter. Campus police will be posted at all entrances and requiring proof of ID. Normally, anyone can enter the campus grounds, but on April 20, people may face a trespassing charge, which potentially could carry a sentence of six months in jail.A University of Colorado spokesman claimed that the lockdown is not an attempt to limit students' First Amendment rights. He said that the size of the expected crowd is what motivated the university to stop it.
The school is taking other measures to limit the rally. It is spreading fertilizer on the quad, the smell which will probably affect students and faculty who had nothing to do with the rally. The university is also offering a free concert featuring Wyclef Jean, an apparent attempt to lure students away to another event.
A student organizer of the legalization rally said that the university is infringing on people's free speech rights. He said that the protest may be moved to a nearby park.
Source: New Jersey Herald, "Marijuana rally in trouble at Colorado university," Rema Rahman, April 20, 2012
]]>The statement quickly spread through the local media, and anti-domestic violence advocates criticized the sheriff for his apparent reluctance to enforce abuse laws. But Mirkarimi said recently that he was misquoted and that the media blitz leading up to his arrest on Jan. 13 convinced him that he would never receive a fair trial in the area.
]]> The sheriff also faces the loss of his job, which he has held for a little more than three months. He was sworn into office on Jan. 8, but later suspended as the mayor considers dismissing him.Giving his version of what happened on Dec. 31, Mirkarimi said that he was driving his wife to a restaurant for lunch while discussing her taking their child to Venezuela, her home country, for an extended visit. Mirkarimi opposed the trip and turned the car around to head home, which he said was the basis for the false imprisonment charge he pleaded guilty to. He denied threatening to use his position to take custody of their son as alleged in the arrest warrant. Those allegations and a bruise that appeared on his wife's arm after an argument the next day were the bulk of the evidence against the sheriff.
As part of the punishment against Mirkarimi, he is not allowed contact with his wife and son, who are in Venezuela. The wife has repeatedly spoken in support of her husband and said the charges against him were politically motivated.
Source: Bay Citizen, "Mirkarimi Speaks Out," Matt Smith, April 12, 2012
]]>Those in Colorado who follow politics remember Edwards as a former North Carolina senator who ran as the Democratic vice presidential nominee in 2004. He ran for president in 2008, but shortly after ending his campaign, rumors circulated that he had fathered a baby with a former campaign worker. Edwards eventually admitted to the affair, and to paying the mother of the child nearly $1 million that came from two friends who had previously donated to his political campaigns. But Edwards denies that the money was converted from campaign funds and says he did not break the law.
]]> A law professor quoted in a news report about the trial agrees. He says that Justice Department attorneys are going beyond any previous definition of campaign contribution to accuse Edwards of misuse of funds. If the federal government can convince the court to go along with this new definition, "almost anything could be considered a contribution under the law," the professor said.A representative of the Citizens for Responsibility and Ethics in Washington agrees that Edwards' conduct, while less than ethical, was not criminal.
The trial is expected be a long one, lasting around six weeks. Edwards may take the stand in his own defense, according to the news report.
Source: NPR, "Does The Case Against John Edwards Go Too Far?" Carrie Johnson, April 12, 2012
]]>But those incriminating statements carried virtually no weight after psychiatrists concluded that the defendant has significant cognitive disabilities that, among other things, make him extremely afraid of authority figures. His "confession" -- which came after 17 hours of interrogation without an attorney present -- was almost certainly due to his anxiety and suggestible nature when questioned by someone like sheriff's deputies, his attorney said.
]]> Following the court-ordered psychiatric profile of the defendant, the Douglas County District Attorney's Office dropped the charges against him. While satisfied with the result, the man's attorney said that the deputy district attorney failed to follow the evidence by pursuing charges against him for so long. The man was arrested on July 17, 2009, a week after the sexual assault took place. Authorities have not identified any other suspects in the case.Among the evidence the man's attorney said prosecutors ignored was the lack of the defendant's DNA on the girl's underwear, which contained DNA of the girl's father -- and an unidentified man. Also, the victim's description of her attacker indicated a much older, larger man with different colored hair.
The deputy district attorney defended his conduct in the case by insisting that the lack of DNA evidence against the defendant did not exonerate him. He also denied that deputies acted improperly. The deputies did not realize the man was disabled and did not "use coercive interrogation techniques" during their 17 hours of questioning, the prosecutor said.
Besides attorney's fees over the past three years, the defendant's family also had to pay $380 a month for a GPS tracking device the court ordered him to wear at all times.
Source: KMGH-TV, "DA Drops Sex Assault Case Against Disabled Man," Alan Gathright, April 5, 2012
]]>The retired sheriff, Patrick Sullivan, was arrested on Nov. 29, 2011 after he was observed offering methamphetamine to an Aurora man in exchange for sex. News reports at the time indicated that the men involved in the sting were undercover police officers, but an article in the Denver Post reveals that they were acquaintances of the defendant who had become police informants.
]]> Following his arrest, Sullivan admitted attempting to purchase sex with drugs and said he had repeatedly done so. At the April 3 hearing, the state deputy attorney general prosecuting the case attempted to sway the judge by suggesting the defendant had had sex with minors, though he presented no evidence other than the sheriff's uncertain answer when questioned about that under interrogation.In the end, after accepting Sullivan's guilty plea the judge sentenced him to 38 days in jail for each charge, to be served simultaneously, with eight days off for time already served. Sullivan will also be under probation for two years and must pay a $1,100 fine.
Sullivan, 69, retired from the Arapahoe Sheriff's Department in 2002, and then served as head of security for Cherry Creek Public Schools until 2008. The National Sheriffs' Association elected him Sheriff of the Year in 2001.
Source: Denver Post, "Former Arapahoe County Sheriff Patrick Sullivan pleads guilty in meth-for-sex case," Carlos Illescas, April 4, 2012
]]>In one state, lawmakers are considering whether to require mandatory jail sentences for those convicted for domestic violence a second time. The proposal is part of Tennessee Gov. Bill Haslam's public safety bill. Under its provisions, a second conviction for domestic violence would mean an automatic 45-day jail sentence. A third conviction would trigger a 120-day term.
]]> However, the proposal does not require convicted people to attend any sort of anti-domestic violence counseling, or fund resources to help convicted spouses and partners learn to deal with conflict without resorting to violence. Some who study and advocate against domestic violence argue that punishment without therapy will not deter many people from committing abuse again. One study, published in the Journal of Criminal Law & Criminology in 2010, found "no real evidence of a deterrent effect" from mandatory minimums.In Colorado, a first-time conviction for domestic violence generally leads to the court requiring you to attend treatment to change your behavior, along with possible jail time. A subsequent conviction triggers the state's habitual offender law and can lead to felony-level penalties.
Source: The Tennessean, "Jail alone won't cure batterers, critics say," Brian Haas, March 21, 2012
]]>Readers may recall our posts discussing Bradford's police stop in Denver. According to a report sent to the Assembly, the officer who pulled over Bradford had her perform field sobriety tests, which the state rep performed "poorly." Bradford admitted drinking wine earlier in the evening, but said she did not feel intoxicated.
]]> The officer noticed Bradford's legislative license plates and called his supervisor. In turn, the supervisor contacted his superior, who ordered the officer not to arrest Bradford for DUI. The superior invoked a state law that grants legislators immunity from arrest for misdemeanors. The officer issued Bradford a ticket for traffic violations and arranged to send her home in a cab. Denver police claimed at first that Bradford herself invoked legislative immunity, but later admitted that was not true.On March 29, Bradford announced that she would not seek reelection, citing her husband's health following a recent heart attack. But KDVR-TV notes that two candidates are running for the Republican nomination in her district. Fair or not, the perception that Bradford avoided being arrested for DUI due to her position in the Assembly could have hurt her at the polls, and that fact likely factored into Bradford's decision not to run again.
Source: KDVR-TV, "After skirting DUI, Rep. Bradford won't seek reelection," Eli Stokols, March 29, 2012
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