Colorado Marijuana DUI Bill

admin — Thu, 03 May 2012 10:14:11 +0000

Driving While Stoned? Marijuana DUI Bill Gets Closer To Approval In Colorado
Posted: 05/ 2/2012 10:53 am

A bill that would set a marijuana blood standard for drivers–similar to that of current blood alcohol standards–took a big step toward approval on Tuesday when it passed 18-17 in the Colorado Senate.

The Associated Press reports that a single vote change from Sen. Nancy Spence (R-Centennial), who voted in favor of the bill, gave SB 12-117 the support it needed to pass.

Spence had voted with opponents of the bill in 2011, but said that she is convinced that a standard for legal impairment is needed in Colorado. “I’m just sick of the abuse that the state of Colorado has taken from the medical marijuana industry,” Spence said.

If passed, drivers under the influence of marijuana would be considered impaired and unfit to be driving if their blood contains 5 nanograms or more of THC per millimeter of whole blood.

Read the full text of the bill here.

The bill’s sponsor, Sen. Steve King (R-Grand Junction) has taken a hard line, and arguably fear mongering, stance against stoned driving with this bill. “We are well on our way to a doped-driving epidemic that will match the DUI epidemic that we had 15 and 20 years ago,” King said, according to 7News. King went on to say that legal medical marijuana has made people think that stoned driving is acceptable.

But are drivers measurably impaired while under the influence of marijuana like they clearly are when under the influence of alcohol? That has been one of the core questions opponents of the bill have been asking since it was first introduced. Westword spoke to Attorney Leonard Frieling who described he clear correlation between blood alcohol level and driving impairment — the higher the blood alcohol level, the more impaired drivers are. But he questions the correlation between marijuana blood levels and driving impairment saying to Westword, “that appears not to hold true as cleanly with cannabis. So talking about impaired driving is one thing, but trying to give a number a meaning it doesn’t have is something else entirely.”

Both Republicans and Democrats tried to stand up against the bill, but to no avail. Sen. Pat Steadman (D-Denver) spoke out about the issues that make marijuana blood limits problematic like the fact that THC is fat-soluable, so blood limits could remain above the 5 nanogram limit for days after the user last legally smoked pot, CBS4 reports. The user would not appear stoned, but legally they could still be considered impaired. With this thinking in mind, Steadman tried and failed to exempt medical marijuana patients in the bill.

This fact of THC’s different effect on the body than alcohol’s was stunningly shown last year by Westword pot reporter William Breathes. After a night of sleep and not smoking pot for 15 hours, a sober Breathes still tested nearly three times higher than the proposed legal limit.

The bill also created some confusion and debate amongst legislators since allowing any amount of THC in a driver’s blood stream is illegal under federal law again underlining again the vastly different point of view the feds and the state have about marijuana. The U.S. Attorney’s office in Colorado has been cracking down on dozens of medical marijuana shops in Colorado since early in 2012, despite both Republican and Democrat support of ending marijuana prohibition entirely in Colorado — voters will get to voice their opinion of legalization of marijuana in the state on this year’s November ballot.

The bill now faces one more vote in the Senate and is expected to pass. It will then go to the house where the 5 nanogram legal limit was overwhelmingly approved last year 51-14.

Mulligan & Mulligan PLLC is a leading Boulder DUI Lawyer firm serving clients in Boulder, Longmont and Adams Counties Colorado. We provide aggressive defense for all DUI, DWAI, DUID offenses. Call us today if you need a DUI Attorney Boulder.

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DNA Frees Dewey

admin — Mon, 30 Apr 2012 14:05:20 +0000

Robert Dewey Cleared Of 1994 Rape, Murder After New DNA Testing
Posted: 04/30/2012 8:44 am

A man who was sentenced to life in prison without the possibility of parole nearly 16 years ago may walk free Monday after being exonerated by a new analysis of DNA evidence.

Robert Dewey, 51, was convicted in Mesa County, Colo. for the 1994 rape and murder of Palisade resident Jacie Taylor. According to the Denver Post, Dewey has maintained his innocence over the years and repeatedly asked the court to order a retesting of the shaky DNA evidence used to convict him.

Taylor, who was just 19 at the time, had been found strangled to death in her apartment bathtub with a dog leash. She had been beaten and sexually assaulted.

Though evidence that was brought up throughout the trial included a handprint, semen and a blood stain, DNA testing at the time raised at least as many questions as clues.

“There was incomplete sampling done and had they done a greater sampling it would have shown the other person, or shown that it wasn’t Mr. Dewey’s,” Dewey’s defense attorney Steve Laiche told KJCT. “They never did have Mr. Dewey’s DNA.”

Blood found on Dewey’s shirt was speculated to have come from Taylor, but an expert witness testified during Dewey’s trial, it also could have come from approximately 45 percent of the Caucasian population.

Then-Mesa County District Judge Charles Buss, who handed down Dewey’s life sentence in 1995, reportedly said, “I am happy to impose it on you.”

That was less than five years before Tim Masters was wrongfully imprisoned for the murder of Peggy Hettrick. Masters would spend almost a decade behind bars before his conviction was overturned in 2008 because of DNA evidence. Hettrick’s murder remains unsolved.

CBS4 reports that as the new DNA analysis in the Taylor case exonerates Dewey, it also points to another man believed to be a suspect in her death. Douglas Thames, 39, is already serving a life sentence with parole in Canon City for the murder of Susan Doll, who was also raped and strangled.

Dewey is expected to be released after a press conference in Grand Junction.

Mulligan & Mulligan PLLC is a leading Boulder Criminal Lawyer firm serving clients in Boulder, Longmont and Adams Counties Colorado. We provide aggressive defense for all DUI, DWAI, DUID offenses. Call us today if you need a Criminal Lawyer Boulder.

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Flaws in Forensic Science

admin — Fri, 20 Apr 2012 04:39:41 +0000

The Real CSI – How reliable is the science behind forensics? by Frontline.

Watch The Real CSI on PBS. See more from FRONTLINE.

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Colorado Stand Your Ground Law

admin — Thu, 19 Apr 2012 18:41:32 +0000

Are you living in a ‘Stand Your Ground’ state?
By Graham Winch
updated 12:24 PM EDT, Thu April 19, 2012

George Zimmerman claims he shot Trayvon Martin in self-defense
Florida’s ‘Stand Your Ground’ law could provide Zimmerman a defense
Find out if your state has a ‘Stand Your Ground’ law

The Trayvon Martin shooting has put a spotlight on Florida’s “Stand Your Ground” law, a statute that may provide George Zimmerman with a defense for his second-degree murder trial.

Zimmerman claims he shot Martin in self-defense. Florida’s “Stand Your Ground” law allows the use of deadly force as long as you:

Are not engaged in an unlawful activity.
Are being attacked in a place you have a right to be.
Reasonably believe that your life and safety is in danger as a result of an overt act or perceived threat committed by someone else toward you.

Zimmerman’s defense attorney will have a chance to argue his client should be granted immunity under “Stand Your Ground” law at a pre-trial hearing. If he wins, Zimmerman would be off the hook for not only criminal liability, but possibly civil as well.

Denver Police Officers Fired Again

admin — Wed, 11 Apr 2012 17:10:32 +0000

Devin Sparks And Randy Murr, Denver Police Officers Who Beat Michael DeHerrera, Are Fired Again (VIDEO)

The two Denver Police officers–Devin Sparks and Randy Murr–who, in 2011, were fired in March for lying in an excessive force case that was caught on video and were reinstated in September, have been fired again, according to 7News.

On Monday, Denver’s Civil Service Commission ruled that a hearing panel that reinstated Sparks and Murr erred in giving the two officers their jobs back.

The firings stem from an incident that occurred on the night of April 4, 2009 when Michael DeHerrera and his friend Shawn Johnson, were kicked out of a LoDo bar, The Denver Post reported. As Johnson was being arrested, lying in the street, DeHerrera was talking on his phone. Then, apparently without provocation, Officer Sparks grabbed DeHerrera and repeatedly struck him with a piece of metal wrapped in leather. However, the police report reflected an entirely different story — which Police Independent Monitor Richard Rosenthal called “pure fiction” — one where Sparks claimed DeHerrera tried to attack Sparks so the level of force used was seemingly justified (watch the video of the beating at the top of the story).

Fox31 reported that Charles Garcia, Denver’s former manager of safety, fired the two officers when they both lied about the beating in their police reports. But in a case filled with controversy, a panel of civil service officers added more in September by reversing Garcia’s decision on grounds that the two officers had already been punished by Garcia’s predecessor Ron Perea and could not be punished again as the time limits for appeals had already passed, according to 9News.

Beating victim DeHerrera, expressing his disappointment in the reinstatement of the two officers in September, said to 9News:

It was finally clear what was right and what was wrong and everybody agreed that they were wrong. So now to put that back up into the air is just ridiculous.
7News spoke with Nick Rogers, President of the police officers union said that the firings were based on “political outcry,” suggesting that the two officers never deserved to be fired as a form of punishment. Rogers went on to say that the two officers were “as happy as a person can be” with the September reinstatement decision.

But that has all changed as of Monday. The Civil Service Commission decision appears to have finally brought some justice to DeHerrera.

WATCH Michael DeHerrera interviewed on Good Morning America in 2010 [via ABCNews]

Mulligan & Mulligan PLLC is a leading DUI Lawyer firm serving clients in Boulder, Longmont and Adams Counties Colorado. We provide aggressive defense for all DUI, DWAI, DUID offenses. Call us today if you need a DUI Lawyer Boulder.

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Calculate Blood Alcohol Level

admin — Wed, 08 Feb 2012 06:32:35 +0000

How To Calculate Blood Alcohol Level

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Representative Escapes DUI Charge

admin — Mon, 30 Jan 2012 21:01:05 +0000

Rep. Laura Bradford Accused Of Using Constitutional Loophole To Escape DUI Charges

First Posted: 01/30/2012 12:59 pm Updated: 01/30/2012 1:06 pm

Rep. Laura Bradford (R-Colbran), has been suspended from her position as chair of the House Local Government Committee after a questionable traffic citation on the evening of January 25.

Bradford was pulled over by Denver Police around 10 p.m. on the 25th for erratic driving. A police report indicates Bradford admitted to drinking and smelled like alcohol, but officers released her with a minor traffic citation and allowed her to ride home in a taxi, reports KRDO.

Denver Police maintain they weren’t legally able to arrest Bradford due to an antiquated clause in the Colorado Constitution. Article V, section 16 exempts lawmakers from arrest when traveling to or from legislative sessions, except in cases of treason or felony.

While originally intended to prevent political hackery where legislators might be arrested, intimidated by political opponents, and prevented from voting, “it was clearly not meant to protect people who are accused of drunk driving,” said attorney Dan Recht to KDVR.

Bradford denies having invoked legislative immunity during the encounter, but police say she told officers she was returning from the legislature and would return in the morning. Fox31′s Julie Hayden disagrees:

State Rep. Laura Bradford stopped for suspected DUI. But uses key phrases invoking legislative immunity and a “get out of jail free” card.
January 28, 2012 1:38 am via web Reply Retweet Favorite
A Denver Post report adds that Bradford had failed several roadside sobriety tests. She was driving her personal car with legislative license plates.

Regardless of whether the clause was properly interpreted, critics still believe Bradford acted illegally. The House finished work at 10:30 a.m. the morning of the 25th, casting doubt on Bradford’s late-night legislative duties.

Reached for comment by the Daily Sentinel, however, Denver Police Department spokesman Sonny Jackson countered: “If she says she’s leaving the Capitol, leaving a legislative event, we have to take her word for it.. How would you prove anything? Think about it, how would you prove any of that? The law is the law, and we are bound by it.”

Bradford is expected to address the state House today. She also released this statement Monday:
Colleagues and friends, it’s with a deep sense of pain and remorse that I stand before you today. I am not above the law. I am bound to the same laws and standards as every other citizen. I am sorry that my actions have cast a shadow on this House and the entire General Assembly. Last Wednesday evening, I was pulled over by the Denver Police for traffic violations. I was driving my personal car with legislative license plates. In response to the officer’s inquiries, I stated that I was leaving a legislative function and needed to be at the Capitol the next day. I responded to officers’ questions. My statements were not intended to invoke legislative privilege. I am deeply sorry for my actions, and I apologize to each member of this body, to my constituents and to the people of Colorado.

Mulligan & Mulligan PLLC is a leading Criminal Lawyer firm serving clients in Boulder, Longmont and Adams Counties Colorado. We provide aggressive defense for all felonies and misdemeanors. Call us today if you need a Criminal Lawyer Boulder.

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Colorado Medical Marijuana Crackdown

admin — Wed, 25 Jan 2012 18:10:13 +0000

Colorado Medical Marijuana Crackdown: U.S. Attorney John Walsh Says, ‘It’s Not A Bluff’

First Posted: 01/23/2012 2:34 pm Updated: 01/23/2012 5:08 pm

Almost as soon as the federal crackdown of medical marijuana businesses in Colorado began, marijuana rights attorney Rob Corry told 9News that he thought the U.S. Attorney’s Office announcement was a “colossal bluff” and went on to say that he didn’t think the U.S. Attorney had the resources to really pull off a crackdown of this scale.

And that sounded right — how could Colorado, with its extensive pot rules and regulations, be targeted? According to The Denver Post, the state has tracking, measurement and taxation of pot from seed to sale prompting some public officials to say that Colorado is a model of how to properly handle medical marijuana business.

Well, apparently this is not a bluff and the U.S. Attorney is prepared to go all in — John Walsh, in response to Corry’s original statement, told 9News, “It’s not a bluff. We certainly have the resources to take action.”

Letters have already gone out to 23 medical marijuana businesses in Colorado that are within 1,000 feet of schools, The Denver Post reports, beginning the most aggressive law-enforcement action that the federal government has pursued in the state.

The reasoning behind the 1,000 foot boundary stems from federal law which uses that measurement as a factor in drug crime sentencing. There are many dispensaries in Colorado that are within 1,000 feet of schools, according to High Times, because they were approved by local laws to do so. However, the federal law trumps the state law.

Law Enforcement Against Prohibition (LEAP), a group of police officers, judges and prosecutors who used to enforce drug law and are now trying to end the war on drugs, have sent a strongly worded letter to Walsh, pushing back against the crackdown:

Dear U.S. Attorney John Walsh:
As fellow law-enforcement colleagues vitally interested in the health and well-being of children, we must respectfully register our fundamental objection to your recent issuance of 23 letters threatening state-legal Colorado Medical Marijuana Centers and their landlords with civil, criminal and forfeiture sanctions. That you would justify this action on the basis of the locations in question being too close to schools for your liking (compliance with state and local law notwithstanding) is ironic and highlights the failure of the very federal marijuana prohibition policy that underlies the threats in your letter, as we’ll explain.

Certainly, you must be aware that the voters of Colorado and the Colorado legislature – like the voters and lawmakers of 16 other states – have made it abundantly clear that marijuana is medicine for many people and for many ailments, and that its use and provision to patients should be allowed under the law.

Almost two years ago, in a bipartisan fashion, the Colorado Senate and House of Representatives enacted a strict dual licensing system for Medical Marijuana Centers that requires a license by the local and state government. All the businesses you have targeted are operating with approval from their local governments and the state of Colorado.

Read the letter in its entirety here.

At the very least, the Colorado crackdown seems oddly timed. It arrives on the heels of the state’s Department of Revenue seeking reclassification of marijuana as a Schedule 2 drug as to allow doctors to prescribe it as medical treatment.

There’s also the December 2011 poll released by Public Policy Polling showing that a large group of Coloradans believe that marijuana should not just be legal medically, but fully legalized. From the Public Policy report:

Coloradans are even more strongly in favor of legalizing marijuana, and they overwhelmingly believe it at least should be available for medical purposes. 49% think marijuana use should generally be legal, and 40% illegal. But explicitly for medical use, that rises to a 68-25 spread. Just five years ago, a referendum to legalize simple possession by people over 21 failed by 20 points. On the medical question, Democratic support rises from 64% for general use to 78%; Republicans rise from 30% to 50%, and independents from 54% to 75%.

The crackdown also comes just weeks after the Campaign To Regulate Marijuana Like Alcohol, a collective of marijuana activist groups and individuals including SAFER, Sensible Colorado, NORML and others gathered the required signatures for an initiative to end marijuana prohibition in Colorado to appear on the 2012 state ballot.

CORRECTION: The title in an earlier version of this story erroneously stated that John Walsh was U.S. Attorney General, Walsh is a U.S. Attorney. Eric Holder Is the current U.S. Attorney General.

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Internal Affairs Bureau Bias Denver Police

admin — Tue, 10 Jan 2012 23:46:17 +0000

Denver Police Officers David Torrez And Jose Palomares Reinstated By Civil Service Commission After Disobeying Orders

First Posted: 1/5/12 12:48 PM ET Updated: 1/6/12 02:04 PM ET

UPDATE:

Two Denver police officers have been reinstated after a Civil Service Commission panel overturned their 2011 firing.

In what appears to be a significant schism between the two men tasked with reviewing actions of the Denver Police Department, outgoing Independent Monitor Richard Rosenthal reported Thursday of documented “bias on the part of Internal Affairs Bureau investigators and supervisors.” The Internal Affairs Bureau also monitors the Denver Police Department.

Rosenthal further stated “there has been a high level of resistance to…recommendations intended to ensure thorough and complete investigations and appropriate documentation of those investigations.” He concludes: It is the opinion of the Monitor that these cases evidence substantial problems in the way the Denver Police Department is currently policing itself. The Manager of Safety and the new Chief of Police must change the current culture in Internal Affairs to ensure unbiased, thorough and complete investigations. 9News adds that conflict between Rosenthal, who accepted a position in British Columbia and leaves his Denver office Friday, asked the Department of Justice’s Civil Rights Division to investigate the DPD.

In response, Alex Martinez, Denver’s Manager of Safety, told the Denver Post Rosenthal’s “farewell to Denver raises questions about that individual.” Martinez said if a federal inquiry is warranted, Rosenthal should have requested it prior to his immediate departure.

EARLIER:

Officers David Torrez and Jose Palomares were accused of disobeying orders on January 26, 2010, while pursuing a stolen Jeep. 9News reports a sergeant told the two to stop pursuing the vehicle and “let it go.” Torrez reportedly responded “OK,” but continued and apprehended the suspect anyway, damaging both vehicles in the process.

The Denver Police Department’s official policy does not authorize pursuing a suspect engaged in “the mere act of fleeing, no matter how recklessly.”

Members of the Civil Service panel agreed the two officers disobeyed orders and violated policy, but did not believe their actions merited firing, states 7News.

A Denver Post article argues the officers’ reinstatement has “horrible implications.” Denver police monitor Richard Rosenthal told the paper Wednesday the decision implies police “can lie, and if it is not a serious enough lie, you won’t get fired.”

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New Denver Police Chief

admin — Wed, 14 Dec 2011 08:10:36 +0000

Robert White, Denver’s New Police Chief, Vows To Make Big Changes In Department Culture

First Posted: 12/13/11 10:06 AM ET

On Monday, Robert White was officially sworn in as Denver’s 69th police chief and vowed to make big changes in a department that has been plagued by police brutality charges.

The Denver Post reports that White told the crowd at his swearing-in ceremony, “We will be a better department than we have ever been… this is a good Police Department, but we are going to make it a great Police Department.”

The city of Denver has faced an onslaught of challenges resulting from excessive force from its police officers recently. Back in June, the city’s excessive force suits resulted in over $1 million in settlement fees. A high profile police brutality case against Randy Murr and Devin Sparks for an arrest gone awry in downtown Denver is still ongoing, their reinstatement has been postponed, and it’s still uncertain if the pair will get their jobs back.

Then just in early December, former safety manager Al LaCabe, gave a scathing assessment of police culture in Denver in which he described the roughing up of suspects as acceptable in the Denver force.

After all the controversy, Mayor Hancock believes White is the man that can restore public trust in the Denver Police Department, 7News reports. White is only the second person from outside the department to be picked to be chief and perhaps that outsider status will help him make the changes he wants — one of which is simply holding officers accountable for their behavior. White said that by holding the police accountable for their actions, correcting mistakes, and also supporting officers when they do the right thing, will help the community to respect the department.

White also understands that he has to earn the community’s respect and trust, himself and he intends to start by spending a lot of time outside of his office, according to 9News. “You will see me everywhere,” White told 9News. “I’ll be in churches. I’ll be in community groups. If they invite me I’ll be there. Sometimes if they don’t invite me, I’ll be there.” White said that the plans to also pay a visit to the Occupy Denver site.

Robert White comes from the Louisville Metro Police Department in Kentucky and believed that during his tenure as police chief there his policing initiatives helped foster a mutual respect between the community and officers, but also admitted to some mistakes including what he felt was not spending enough time reaching out to the rank-and-file officers, according to WFPL.

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