For the second time this month, defense attorneys are formally requesting that Denver officials quantify costs associated with the prosecution of protesters arrested during August’s Democratic National Convention. The move comes after Denver Mayor John Hickenlooper dismissed defense cost projections first reported by Face The State.
The request, made by Brian Vicente, an attorney and executive director of the People’s Law Project, filed his second request under the Colorado Open Records Act Sunday. In the document, Vicente specifically asked the city to provide records documenting the amount of time police officers are spending testifying in trials. According to Vicente, the records are required under established policies outlined in the Denver Police Department’s procedures manual.
"The City needs to come clean about these prosecutions,” said Vicente. "We simply want to know how much of the City's resources are being devoted to this DNC aftermath. Taxpayers have a right to know how much of their money is being wasted on these Free Speech prosecutions."
On Nov. 20, Hickenlooper appeared on 850 KOA’s Mike Rosen Show, where he criticized PLP projections which allege that the city could spend up to $500,000 to prosecute individuals arrested during the DNC. Hickenlooper called the projection “crazy. We're not spending that kind of money."
But Hickenlooper declined to provide his own projections, while also declining to provide any documents in response to a Vicente's initial Nov. 10 request seeking specifics on city spending relating to the trials.
Officials responded to this first 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.”
Vicente’s second request is now more specific, referencing the police manual in detail. “A quick look at the Denver Police Manual shows that police are required to document their time in court.”
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 on Aug. 25. 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. As of Nov. 21, about 30 additional cases were set for trial but still remained to be heard. No cases were heard the week of Thanksgiving.
City officials now have three days to respond to Vicente’s request. Attempts by Face The State to reach city officials were not successful before press time.