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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.

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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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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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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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Mothers Against Drunk Driving believes technology can do what state laws, public opinion and stern car-insurance penalties have not: Keep first-time drunken drivers from repeating their offenses.

While drunken-driving laws across the United States have changed radically since MADD’s founding in 1980, progress stalled in the mid-1990s.

“Initially, states focused primarily on either repeat offenders or first-time offenders who had a very high blood-alcohol content of 0.15 or 0.20,” says Anne McCartt, the senior vice president for research at the Insurance Institute for Highway Safety.

MADD, the IIHS and other groups were pushing hard on many fronts, encouraging police, lawmakers and courts to:

Impound and even sell convicted drunken drivers’ vehicles.
Revoke drunken drivers’ licenses for longer periods.
Toughen penalties for first-time offenders, including mandatory jail time.
Require convicted drunken drivers to use an ignition interlock device, a piece of high-tech auto equipment meant to prevent a drunken driver from operating a vehicle.
Five years ago, proponents of stiff punishment for drunken-driving offenses decided to recalibrate their approach, says Frank Harris, the state legislative affairs manager at MADD. They stepped back to see what worked.

By far the best results came from ignition interlock devices. That’s why safety advocates have recently put most of their energy into making sure drunks can’t start their cars.

An ignition interlock device is an in-car Breathalyzer. The driver blows into a device the size of a chunky mobile phone. If a measurable amount of alcohol is detected, the car simply won’t start.

You can’t drive drunk if you can’t drive
Data like these are what convince the advocates:

New Mexico’s 6-year-old law requiring ignition interlock devices for all convicted drunken drivers, including first-time offenders, is credited with a 35% reduction in drunken-driving deaths.
Arizona, with a similar law, has reduced drunken-driver deaths by 46% since 2007.
The Centers for Disease Control and Prevention recently reviewed research on interlock devices and concluded they reduce re-arrest rates by 67%. The CDC now recommends the devices for every convicted drunken driver.

Since states make the drunken-driving laws, McCartt and Harris say, the push now is to persuade every legislature to require every single person convicted of drunken driving to use an ignition interlock device for at least six continuous months.

Such laws would apply to everyone convicted of driving with a blood alcohol level of 0.08% or more. There would be no exceptions, not even for first-timers.

“From MADD’s perspective, as long as that offender is learning to drive sober and the car is not being driven drunk, then the role of the ignition airlock is effective,” says Harris.

At this point, only a small proportion of convicted drunken drivers actually end up using the devices, says the U.S. Department of Health’s Task Force on Community Preventive Services.

Even though most states use interlocks, they require them only under certain circumstances — for example, with a particularly high blood-alcohol count or on a second conviction.

Today, 14 states — Alaska, Arizona, Arkansas, Connecticut, Hawaii, Illinois, Kansas, Louisiana, Nebraska, New Mexico, New York, Oregon, Utah and Washington — require ignition interlock devices for every convicted drunken driver.

Car insurance won’t pay the bill
As you’d imagine, wily drivers try to fool ignition interlock devices, getting others — even children — to blow into the devices for them. They also try using canned air and other evasions.

But device makers keep improving the technology. Devices now include “running retests” — drivers are periodically required to pull to the side of the road and submit to another test within a brief time span. If a driver flunks the retest, the car keeps running — it might be dangerous to immobilize it — but the horn honks and the lights flash to summon police. (Here’s a MADD FAQ on the devices.)

You not only blow into the device but also pay for the privilege. Private companies usually provide the services. Installation can cost as much as $200, and monthly fees range from $50 to $100.

The cost of an ignition interlock device isn’t covered under your car insurance policy, which, of course, you’ll be paying more for as well. Analysis of rates pulled through CarInsurance.com’s car insurance comparison tool suggests you should expect your insurance rates to double. Surcharges for a drunken-driving conviction do vary widely from state to state and even more so from insurer to insurer.

Although makers of ignition interlocks have proposed otherwise, no insurance company offers a discount for installation of a device.

How about some old-fashioned jail time?
Despite the apparent effectiveness of interlocks, many other tactics still are in use. They include:

License suspension and jail time. In all states but Wisconsin (where it’s a traffic ticket), driving while intoxicated is a crime. Officers make 1.4 million DUI arrests each year, says MADD. Every state defines drunken driving as having a blood alcohol content of 0.08% or more. In all states and Washington, D.C., it’s illegal to buy alcohol before age 21, and the legal blood alcohol limit is lower for teens — 0.02% for drivers under 21 vs. 0.08% for those over 21.

But beyond that, penalties — and their application — diverge a lot. Some states let you refuse a Breathalyzer test please submit to having your license revoked. Some mandate jail time, even for first-time offenders, but in practice offer diversion programs with alternative penalties like community service, monitoring, treatment or license revocation.

Vehicle seizures. Some states allow communities to seize — and sometimes even sell — vehicles belonging to people convicted of driving drunk. Stiff impound fees and penalties must be paid to redeem the vehicle. But the approach isn’t catching on, Harris said, probably because exceptions — other family members need to drive, for example — make the programs difficult to enforce.

Special license plates. A few states assign special vehicle plates, or a series of license-plate numbers, to convicted drunken drivers. Ohio uses red and yellow plates different from other state licenses on vehicles that have been impounded for drunken driving. Georgia and Minnesota use special plates on a limited basis. Oregon and Iowa have experimented with similar programs that aren’t currently active. Special plates aren’t a widely used tactic. Here’s a roundup of state special license laws, from the National Conference of State Legislatures.

The bottom line, interlock advocates say, is that even when jail time is served, it doesn’t teach the convicted person how to drive sober. It is hoped that ignition interlock devices will do so.

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First Posted: 11/30/11 10:00 AM ET Updated: 11/30/11 11:03 AM ET

Patrick J. Sullivan Jr., a 68-year-old former Arapahoe County Sheriff, has been arrested under the suspicion that he tried to trade methamphetamine for a sexual encounter with an adult male, according to 9News.

Fox31 reports the ultimate irony that the one-time national Sheriff of the Year now sits in a jail that bears his own name — the “Patrick J. Sullivan, Jr. Detention Facility” held on a $250,000 bond.

A SWAT team raided Sullivan’s home at about 4 p.m. on Tuesday after they saw him give meth to another man. An investigation into Sullivan began only a couple of weeks ago on Nov. 17 after authorities were tipped off that he was involved in distributing and using meth, according to the Araphoe County Sheriff’s Office.

In a press release the Arapahoe County Sheriff’s Office said that during the investigation of Sullivan, he “had arranged to meet an adult male acquaintance and agreed to provide the male with methamphetamine in exchange for a sexual encounter.” When the transaction was to take place, Sullivan was taken into custody. The investigation was conducted by the Drug Task Force and Sheriff’s Office investigators, 7News reports.

Sullivan was a revered and respected member of the law enforcement community having serve in various branches for 40 years. His career began as a Littleton police officer and dispatcher in the 1960s. He joined the Arapahoe County Sheriff’s Office in the late 1970s as captain and by the early-80s he was appointed as sheriff, according to CBS4. In the 1990s he played a prominent role in the Columbine school shootings and after retiring in 2002, led the security department at Cherry Creek School District until 2008.

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Tim Masters, the man who spent almost a decade in prison for a murder he didn’t commit, faced an overflowing courtroom on Thursday afternoon–this time filled almost entirely with law students and sponsored by the Colorado Innocence Project.

Masters and his post-conviction attorneys Maria Liu and David Wymore held a discussion at CU’s law school focused around his imprisonment, nuanced injustices in the legal system, the importance of police and attorney work ethic, and how Masters was freed. Boulder District Attorney Stan Garnett also sat in on a portion of the discussion.

“This case really raised the question: how do you prove innocence?” said CU Law Professor Bill Nagel, who was sitting on the panel and teaches a course on post-conviction criminal procedure.

In 1987, 37-year-old Peggy Hettrick was murdered near Masters’s home in Fort Collins. Masters emerged as the only suspect and was charged with first-degree murder in 1998 despite the lack of any physical evidence linking him to the crime. Masters was not released until 2008 when DNA evidence surfaced that showed someone else, even a few people, had been with the victim.

Unknown fingerprints had been found in Hettrick’s purse, as well as unidentifiable hair on her person, evidence that is now unaccountable for and Masters said had been withheld.

The Masters case became the most famous wrongful conviction case in Colorado, resulted in the removal of judges Terry Gilmore and Jolene Blair from the bench, formally prosecutors on the case, 9-charges of perjury for Fort Collins Police official Lt. Jim Broderick, and a $10 million settlement for Masters. The case also won five of Masters’s attorneys the Colorado Trial Lawyers Association Case of the Year award this year, shortly before Masters was officially exonerated.

What made the case particularly difficult, was that after his conviction Masters’s attorneys found that police had not given his original defense team all of the documents from the investigation, known as discovery. The missing discovery plus new DNA evidence resulted in a judge’s conclusion that Masters had not been given a fair trial and overturned his conviction.

“This case wasn’t that hard,” post-conviction attorney Wymore said. “If you would have turned over that 8,000 pages of discovery…That’s a problem. When the prosecution and the court do not issue enough sanction to have a reliable trial process.”

Masters told the room that today he continues his favorite hobby, working on cars, and he will release a book sometime next year detailing the case, but that he is just happy to get on with his life.

“I had years in prison to be bitter and angry over what they had done to me,” Masters said. “And when I got out, the best revenge is to try and live as good a life as I can now. Not let them have any more of my life than they already have, you know.”

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By Edecio Martinez Topics Daily Blotter

(CBS/KCBS/AP) SANTA ANA, Calif. – Residents in Fullerton, Calif., are outraged after a mentally-disabled homeless man died following a physical confrontation with five police officers.

In surveillance video taken aboard an Orange County Transportation Authority bus, passengers say officers pounded 37-year-old Kelly Thomas’ face and hogtied him as he cried out for his father. The video was made public on Tuesday.

According to CBS station KCBS, officers confronted Thomas, who suffered from schizophrenia, on July 5 while investigating reports of a man burglarizing cars near the Fullerton Transportation Center.

Police said Thomas ran away as officers tried to search his backpack. This triggered an altercation that eventually involved six officers whose names have not been released.

One officer was initially placed on paid administrative leave. Police Chief Michael F. Sellers then decided to do the same for the other five officers on Tuesday, according to department spokesman Sgt. Andrew Goodrich.

Thomas suffered severe head and neck injuries and was taken off life support on July 10. An autopsy conducted Tuesday night was inconclusive about his cause of death.

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The Huffington Post, First Posted: 7/13/11 10:07 AM ET

David Morrow, 28, an Adams County sheriff’s deputy has been charged with multiple felonies and a misdemeanor for allegedly punching a 15-year-old in the mouth and breaking his jaw.

UPDATE: Channel 7 News reports Morrow was terminated from the Adam’s County Sheriff’s Office late last week.

EARLIER:

According to the arrest affidavit Fox 31 obtained, Deputy Morrow, along with five other deputies, arrived at an Adams County, Colorado house party to break it up. The 15-year-old in question was described by officials to be highly intoxicated, uncooperative with the deputies, and eventually became “verbally abusive.”

According to The Denver Post, the teenager was restrained on an ambulance gurney and was being taken to a hospital because he would not provide information about his parents so they could be notified of his whereabouts. The sheriff and prosecutors offices describe the alleged assault:

Witnesses report that Morrow entered the ambulance to retrieve his handcuffs. As he passed the juvenile restrained on the ambulance gurney, Morrow struck the juvenile on the face with a closed fist.

Then, in an affidavit obtained by 9News, Morrow said to the paramedics:

Nobody saw anything, right?

Morrow faces criminal charges of child abuse, second-degree assault, tampering with a witness and official oppression, 9News reports.

According to 9News, Morrow turned himself into Glendale Police Tuesday. The Denver Post reports that Morrow is on leave without pay as of Tuesday because of the charges being filed and is free on a $20,000 bond.

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