Face The State Staff Report
On Thursday's Mike Rosen Show, Denver Mayor John Hickenlooper criticized a coalition of defense attorneys who have alleged that the city could spend $500,000 to prosecute protesters arrested during August's Democratic National Convention.
Denver city officials, including Hickenlooper, have widely criticized the estimated tab, first reported in Face The State earlier this month but are now refusing to provide alternate figures.
During Hickenlooper's monthly appearance on Rosen's 850 KOA show at 10 a.m., Rosen raised the issue of the trials with Hickenlooper.
"Robert Corry, who's one of the defense attorneys, said that the city is spending more than $500,000 for prosecutors, judges, clerks, police officers and other witnesses," said Rosen. "Seems to me that's a fixed cost. These are people who are on salary anyways."
Hickenlooper was dismissive of the figure. "I don't know where he came up with that number...that's crazy. We're not spending that kind of money."
But Corry and fellow defense attorney Brian Vicente stand by their estimate, saying that it includes the total tab to investigate and prosecute dozens of people arrested during the convention. Vicente serves as director of the People’s Law Project, a non-profit coalition of more than 40 lawyers designed to help fund and staff the defense of those arrested. On Nov. 10, Vicente made a formal request under the Colorado Open Records Act to Hickenlooper’s office seeking information on costs associated with the arrest and prosecution of protesters.
City officials responded to the request in writing by concluding, “…no records responsive to your request exist. The City has not prepared and does not have estimates such as those requested, and is not required under the Colorado Open Records Act or the Criminal Justice Records Act to create records or documents in order to respond to a request.”
But Vicente and Corry maintain that the city has records, which could include logs of officer time dedicated to testifying in court. Vicente cited the Denver Police Operations Manual, which requires that officers sign in and out for every court appearance. It also requires that commanding officers keep a record of court appearances made by their personnel.
“I think that [the city's conclusion] is simply untrue,” said Vicente. “They certainly have some of those records. Any time police check in to speak at court that time is logged. It’s not unreasonable for us to request how the government is using our tax dollars.”
Corry challenged Hickenlooper to provide alternate figures. "We welcome a vibrant conversation about this and if the mayor disagrees, we'd like to hear his number," he said. "Until then, we believe that $500,000 is a conservative estimate that doesn't even account for the economic losses to jurors who have been forced to sit in court for up to three days at a time while hearing these cases."
Corry also noted that the city has used high-level attorneys to prosecute the cases. "They are using their best guys on this and that's going to cost taxpayers more money," he said, referring to Vince DeCroce, director of prosecution for the city attorney's office, who has tried multiple cases.
While Hickenlooper does not concede the $500,000 estimate, he does admit the trials are a cost to the city. "You know, we shouldn't waste money on prosecutions where we aren't going to get a conviction, or at least where we don't think there is a likelihood of getting a conviction, and we don't," he said during his interview with Rosen.
Of the 106 total arrests made relating to protests during the DNC, nearly all of these resulted in municipal misdemeanor charges based on obstruction of a street during a single mass protest. Of those charged, half agreed to reduced charges under a mass plea deal. Of the remaining cases, 26 have been resolved after being set for trial, with results heavily benefiting the accused. Seven of the accused saw their cases dismissed, 12 were aquitted after jury trials, one saw a hung jury, two took late plea deals, and just four were convicted. About 30 additional cases have been set for trial but remain to be heard.
Vicente cautioned that some of those arrested were not protesters, but were "just guilty of being in the wrong place at the wrong time."
While Corry was critical of the city's aggressive prosecution of protesters, he also noted that recently, prosecutors appear to be showing a growing willingness to dismiss cases they can't win. "I had one case dismissed this week because my client was innocent and the city just couldn't prove its case," said Corry. "[The city attorney] did the right thing and I applaud them for that."
A spokeswomaman from Hickenlooper's office told Face The State late Thursday that Hickenlooper stands by his view that the $500,000 figure is too high. "We know that is incorrect," she said in a voice message. "The city is not paying for anything in particular. This is just staff time that police and the city attorney's office spend on these cases. There is no way to really calculate or look at what they're asking for."
Vicente remains undeterred. "In the end, this is about how we should best utilize our existing resources," he said. "For every one of these trials, three or four cops are taken off the streets to testify. I'd rather have these officers out protecting us from real crime."