OFFICE OF THE DISTRICT ATTORNEY FOR THE 18TH JUDICIAL DISTRICT Overview & Summary
GEORGE H. BRAUCHLER, DISTRICT ATTORNEY CHAPTER 1 18th Judicial District
The 18th Judicial District is the most populous and fastest growing judicial district in the State of Colorado. It encompasses Arapahoe, Douglas, Elbert and Lincoln Counties. The District Attorney is George H. Brauchler. SECTION 1 HISTORY History, Geography, & Colorado is divided into 22 judicial districts, numbered according to the date they came into existence.
Population On November 6, 1962, voters approved the legislatively- referred constitutional amendment known as the Colorado Reorganization of Judicial Department, Measure 1 (1962), establishing the creation of the 18th Judicial District (18th JD). HIGHLIGHTS In 1964, the Colorado General Assembly established that the • The 18th Judicial District was established in 1962 18th JD would be comprised of Arapahoe and Douglas by an amendment to the Colorado Constitution. counties (Session Laws 1964, Ch. 42, Sect. 19, p. 401). Twenty days later, Elbert County was included (Session Laws 1964, • Today, the 18th Judicial District is the most Ch. 43, Sect. 2, p. 405). populous and fastest growing district in the State of Colorado. The three-county 18th JD became effective on January 11, 1965 (Session Laws, 1964, Ch. 42, Sect. 31, p. 404). • With approximately 18% of Coloradans within its borders, the judicial district is larger by square In 1969, the Colorado General Assembly added Lincoln county to the 18th JD (Session Laws 1969, Ch. 102, Sect. 4, p. miles than the State of Connecticut. 261, see also C.R.S. sec. 13-5-119(1)). • The 18th Judicial District would be the 47th most GEOGRAPHY populous state in the U.S. Colorado is the 8th largest state in the U.S. by total area, 104,093.67 square miles.
The 18th JD, comprised of Arapahoe, Douglas, Elbert, and Lincoln counties, encompasses 6,085.33 square miles, or 5.8% of Colorado.
2 Metro Area Judicial Districts POPULATION
COUNTIES SQ MI COUNTIES SQ MI 1st Jefferson, Gilpin 924.29 Arapahoe 805.44
2nd Denver 154.63 Douglas 842.87
4th El Paso, Teller 2,683.80 Elbert 1,851.02
17th Adams, Broomfield 1,989.34 Lincoln 2,586 Arapahoe, Douglas, Elbert, 18th 6,085.33 TOTAL 6,085.33 Lincoln Colorado is the 22nd most populous state in the U.S. with The 18th Judicial District by County 5,029,186 people as measured by the 2010 Census. Compared to States Population Growth in the 18th JD By comparison to states, the 18th JD would be the 47th largest By 2020, the population of the 18th JD is expected to be triple state in the country. The states of Rhode Island, Delaware that of its 1980 total. and Connecticut are smaller in square miles than the 18th JD.
1960 1980 2000 2010 2020 STATES & 18TH JD SQ MI Arapahoe 113,426 293,292 487,967 572,003 670,882 18th JD 6.085.33 Douglas 4,816 25,153 175,766 285,465 349,393 Connecticut 5,543.41 Elbert 3,708 6,850 19,872 23,086 36,130 Delaware 2,488.72 Lincoln 5,310 4,663 6,087 5,467 5,931 Rhode Island 1,544.89 Total 127,260 329,958 689,692 886,021 1,062,336
3 Population Growth in the Denver Metro Area Demographic Information of the 18th JD
According to the U.S. Census, although the 18th JD remains According to the U.S. Census, African Americans or Blacks the fastest growing jurisdiction in the Denver-metro area, all make up 10.2% of Arapahoe and Denver Counties; Arapahoe metro-area JDs (except the 1st) are expected to experience at and Douglas counties have the highest percentage of Asians in least a 1/3rd increase in population from 2000-2020. Colorado at 5.1% and 3.8% respectively.
The 18th Judicial District Demographics 2000 2010 2020
1st JD 531,813 539,984 586,787 MEDIAN FEMALE 65+ WHITE AGE 2nd JD 554,636 600,158 732,907 Arapahoe 51.0 35.7 10.1 72.7 4th JD 537,484 645,613 758,828 Douglas 50.5 36.6 7.1 90.2 17th JD 402,129 497,492 599,506
18th JD 689,692 886,021 1,062,336 Elbert 50.0 43.8 9.5 94.7
Lincoln 42.1 40.9 16.8 89.0
1,100,000 The 18th Judicial Family Breakdown 825,000 AVG. FAMILY NON-FAMILY 550,000 SIZE 275,000 Arapahoe 34.8 3.13 0 Douglas 22.5 3.20 2000 2010 2020 Elbert 19.8 3.05 1st JD 2nd JD 4th JD 17th JD Lincoln 37.9 2.90 18th JD
4 SECTION 2 DISTRICT ATTORNEY GEORGE H. BRAUCHLER The District Attorney George H. Brauchler is the District Attorney of Colorado’s 18th Judicial District. He was elected in November 2012 and took the oath of office as District Attorney on January 8, 2013.
DA Brauchler is an experienced HIGHLIGHTS prosecutor and civil trial attorney, a national trainer of • George Brauchler is the first Douglas County prosecutors, and a U.S. Army resident in the history of the 18th Judicial Reserve Judge Advocate District Attorney’s Office, to be elected as District General officer. He brings new Attorney. vision, energy, and leadership to the Office of the District Attorney for the 18th JD. • In 2013, the 18th JD-elected District Attorney sought and received the lowest DA salary in DA Brauchler began his legal career in 1995 at the Jefferson Colorado and was paid less than 65% of the other County District Attorney’s Office where he prosecuted metro area District Attorneys. domestic violence, homicide, larceny and narcotics cases and most-notably, the only two felony cases arising out of the • District Attorneys are limited to two consecutive Columbine High School massacre. four-year terms. The District Attorney is a Lieutenant Colonel in the United States Army Reserve and has served his country in the JAG corps since 1996. He has been called to active duty twice since 9/11. In 2011, he saw active duty as Chief of Military Justice for Fort Carson, and ultimately, the Fourth Infantry Division, US Division-North, Task Force Ironhorse in Tikrit, Iraq.
5 DA Brauchler worked in private practice from 2008-2010 and YEARS FROM from 2011 until December of 2012, during which time he handled civil litigation, criminal defense, and represented Michael Miller 1965-1969 Arapahoe veterans and victims of crime. Robert Gallagher 1969-1997 Arapahoe
James Peters 1997-2005 Arapahoe
Carol Chambers 2005-2013 Arapahoe
George Brauchler 2013-Present Douglas
QUALIFICATIONS & TERMS
Article VI, Section 13 of the Colorado Constitution states (emphasis added):
District attorneys - election - term - salary - qualifications. In each judicial district there shall be a He obtained both his Bachelor's Degree and law degree (Juris district attorney elected by the electors thereof, whose term Doctor) at the University of Colorado, Boulder. of office shall be four years. District attorneys shall DA Brauchler has lived in Colorado for more than 40 years. receive such salaries and perform such duties as provided by He and his wife live in Douglas County and have four law. No person shall be eligible to the office of district children. attorney who shall not, at the time of his election possess all the qualifications of district court judges as provided in this THE 18TH JD DISTRICT ATTORNEYS article. All district attorneys holding office on the effective date of this amendment shall continue in office for the Since the creation of the 18th JD in 1964, there have been five remainder of the respective terms for which they were District Attorneys. elected or appointed.
District Attorneys are limited to two consecutive four- year terms. However, “[t]he voters of any such political
6 subdivision may lengthen, shorten or eliminate the limitations The BOCCs approved a tiered salary scale (in on terms of office....” Article XVIII, Section 11, Colorado dollars): Constitution. 2013 2014 2015 2016
130,000 143,000 156,000 165,000
Salaries of the Metro-Area District Attorneys (2013) (in dollars):
1ST JD 2ND JD 4TH JD 17TH JD 18TH JD
208,000 207,000 183,000 203,859 130,000
What the Data Reflects
SALARY 208000 $210,000 The statutory minimum salary for a District Attorney anywhere in Colorado is $130,000 per year. The Boards of $180,000 County Commissioners (BOCCs) of the counties comprising a $150,000 judicial district may set an amount in excess of that minimum $120,000 salary. Colo. Rev. Stat. sec. 20-1-301. $90,000
Upon election in November 2012, DA Brauchler negotiated $60,000 with the BOCCs of the 18th JD a reduction from the $30,000 predecessor’s salary of $160,000 to the legal minimum $0 $130,000. Annual Salaries (Metro Area) 1st 2nd 4th 17th 18th
7 CHAPTER 2 Prosecution
The main function of the Office of the District Attorney is the prosecution of violations of Colorado’s criminal statutes occurring within the 18th Judicial District. The office employs 79 prosecutors. SECTION 1 MISSION STATEMENT Intake & Charging Sometimes referred to as “the tip of the spear” in any criminal prosecution, an Intake team exists in Arapahoe and Douglas counties to advise and assist police investigations, review search warrants submitted as part of a police investigation, and file formal HIGHLIGHTS criminal charges.
• The Intake team is often the first unit that will Other important Intake functions include providing training see and review a case in the District Attorney’s to local police agencies; representing the People when Office. defendants first appear in court; and arguing for an appropriate bond that will ensure that the defendant returns • In 2013, the Intake Unit filed 3,770 felony cases to court and the community remains safe during the pendency and declined to file charges on 405 cases. of the case. • The Intake Unit works with law enforcement to STAFFING ensure that all the relevant information about the case gets to the prosecutors. The Intake team is staffed by a chief, who is the office’s primary liaison with the police agencies, four deputies experienced in prosecuting felony cases and especially well- versed in investigative techniques and constitutional law, a county court deputy who conducts the felony advisements, and four secretaries.
9 FILING CHARGES A significant amount of discretion is exercised, including the community’s safety, the fair implementation of justice and the The most visible Intake duty is the filing of charges via a lifelong consequences faced by any citizen who will be judged complaint. With the exception sexual assault and a felon. misdemeanor cases which are handled by the Special Victims Unit and County Court teams respectively, the Intake deputies “No-File” Decisions file all felony and juvenile cases in both Arapahoe and At times, there are cases where a filing and an office-signed Douglas counties. probable cause affidavit that our office decides not to file. Potential filings are submitted by police agencies and then These cases are called “No-File” decisions. Before making this meticulously reviewed by the Intake deputies to determine decision, our office discusses it with the detective and the whether the People can prove the charges with “a reasonable victim. likelihood of success” at trial (e.g., prove the charges beyond a No-File decisions involving felony arrests and submitted case reasonable doubt to a unanimous jury of twelve – a very high filings: burden).
Felony Filings & Process 2010 2011 2012 2013 572 734 619 405 Felony cases filed in the 18th JD (not including Juvenile cases): A large part of work for the Intake deputies is advising and
2011 2012 2013 guiding on-going investigations towards a case that could ultimately lead to charges. This often involves meeting with 3,559 3,821 3,770 the assigned detective(s) in person and reviewing documents, The Intake deputies have enormous discretion in deciding photographs, video and other evidence, and in some cases when to file charges. Before filing felony charges against sitting in on witness interviews. anyone, the informal criteria of our office are: (1) we most Every day, the deputies assigned to the Intake team review know they committed the crime; (2) we must know we can numerous search warrants and other court orders, often prove that they committed the crime; and, (3) we must requiring several drafts with detectives before it can either be determine that it is the right thing to do. rejected or approved and taken before a judge.
10 Warrants & Orders
Our office regularly assists law enforcement agencies seeking out warrants, Production of Records (POR) and court orders for non-testimonial identification evidence.
Search warrants and court orders approved each year since 2011:
2011 2012 2013 1,105 972 1,086
Intake deputies are required to keep some cases of their own – usually homicides – that they will prosecute through trial.
Additionally, Intake deputies regularly conduct trainings at police agencies and police academies and organize a multi-day “Investigators’ Academy” once a year.
11 SECTION 2 MISSION STATEMENT County Court By statute, county courts handle civil cases under $15,000, misdemeanors, traffic infractions, felony complaints (which may be sent to district court), protection orders, and small claims. HIGHLIGHTS Misdemeanor charges include: assault, child abuse, theft, • Arapahoe County has the fewest county court violation of protective orders, DUI and others. divisions (6) in the metro area. County court convictions may be appealed to the district • Douglas County has two county court divisions court. that handle misdemeanor and traffic violations. STAFFING
• Elbert and Lincoln Counties have one prosecutor Arapahoe: There are six courtrooms which handle criminal/ each to manage their entire docket. traffic matters to which our office is assigned. Three courtrooms handle only traffic violations, including DUIs/ • Arapahoe County Deputy District Attorneys DWAIs. There is one prosecutor assigned to each of these handle more cases per courtroom than their courtrooms. Three courtrooms handle misdemeanor metro-area counterparts. violations. Two prosecutors are assigned to each of these courtrooms. There is a Chief Deputy (supervisor) and a lead prosecutor (senior misdemeanor deputy).
Douglas: Two courtrooms handle a diversified criminal docket of misdemeanor and traffic violations. These divisions handle all domestic violence and DUI/DWAI cases. Each courtroom has one trial date set per week.
12 The First Appearance Center (FAC) handles the first 2013 Comparative staffing and filings (metro area) appearance of all criminal defendants coming into Douglas County for misdemeanor #DA #MISD #TRAF TOTAL #COURT and felony cases. First Adams 14 7421 14,971 22,392 7 appearance includes advisements by the court, El Paso 15 8043 14,410 22,453 15 bond arguments, and Jefferson 11 6740 13,301 20,045 8 entry of the mandatory protection order. A Arapahoe 11 6076 15,221 21,297 6 magistrate presides over Douglas 7 2649 5481 8130 3 the FAC. In addition to first appearances, the FAC Arapahoe 18 8725 20,702 29,427 9 handles a docket of minor traffic and misdemeanor cases with +Douglas defendants who do not object to magistrate jurisdiction. Two prosecutors are assigned to each of the diversified docket ISSUES AND SOLUTIONS divisions, and a supervisor/lead (senior misdemeanor deputy) Issue #1: Arapahoe County is assigned to the FAC to handle first advisements and oversee has less county court interns who assist in that courtroom. The Chief Deputy divisions to handle its cases supervises all prosecutors and interns, and works with law than all other metro-area enforcement, the courts, probation, and the defense on jurisdictions. More cases relevant issues. per courtroom results in: Elbert and Lincoln: 1 prosecutor is assigned in each county to • a slower rate of case cover the entire criminal docket, including district, county resolution, cases take (misdemeanor and traffic), and juvenile court. longer to resolve
• fewer opportunities to resolve cases through jury trials
Solution #1: Arapahoe County and its growing population would benefit from two additional county courts in the short
13 term, which would only match Jefferson County currently. commitment to the office, the office provided salary increases Jefferson County’s population is growing at a more stagnant after each of the first three years of prosecution for our entry- rate than Arapahoe County’s. El Paso County, with a level prosecutors, as follows: comparable number of total cases, has two and one-half times the number of court divisions (15) as Arapahoe County. 0 1 2
Comparative entry-level salaries in $ (metro area) 57,000 60,000 63,000
Subsequent pay raises are the product of either 1) promotions, 2013 - 14 or 2) merit increases. 1st (Jefferson) 56,500
2nd (Denver) 61,565
17th (Adams) 58,848
20th (Boulder) 56,424 - 58,000
18th 57,000
AVG 56,723
AVG w/o 4th 58,067
Issue #2: Previously, significant loss of prosecutors within the first several years of their careers strained the office’s ability to keep trained and experienced prosecutors in the courtroom, as well as encourage long-term prosecutors to progress through-and-manage district (felony) courts.
Solution #2: In 2013, to reduce significant turn-over and to encourage a greater return on our office’s investment in training new prosecutors by securing a longer term
14 SECTION 3 MISSION STATEMENT Juvenile Court Juvenile prosecution is a highly specialized unit comprised of deputy district attorneys, victim witness specialists and investigators all committed to serve the 18th JD’s populations, specifically, our future adult HIGHLIGHTS population. Cases range from • In 2013, changes to the Juvenile Code increased school weapon and threat cases, sexting, drug use and the subject matter for the juvenile prosecution possession, and include sexual assault on children, burglary, aggravated robbery, aggravated motor vehicle theft, credit unit to include a juvenile deputy assigned to all card and identity theft as well as a variety of gang related transfer and reverse transfer hearings on murder crimes. and attempted murder (all F-1 and F-2 felony) prosecutions where we are seeking to have a STAFFING juvenile tried as an adult. The Juvenile Unit is comprised of: Chief Deputy DA, 3 full- • Juvenile deputies now serve on a variety of time Deputy DAs, 4 half-time Deputy DAs; and 3 victim- committees and task forces throughout the witness specialists. We also have a senior deputy and victim advocate in Lincoln and a senior deputy and victim advocate community, with our partner professionals. in Elbert. • The juvenile unit has been reviewing and STATISTICS working with schools to improve the threat assessment process to encourage more open and • 1368 cases were filed by our juvenile units in 2013. timely sharing of information among agencies • We also diverted 588 cases to our successful diversion and schools. program.
15 • Juvenile deputies advised law enforcement and are working • Juvenile deputies attend the court sponsored human on increasing judicial awareness of the serious impact trafficking committee which is developing systems and juvenile offenders have on individuals and communities. protocols to help juveniles trapped into prostitution and Specifically, there has been marked upswing in terms of other crimes. Additionally, they attend the juvenile sex home and business burglaries offender probation task force meetings.
COMMITTEES AND TASK FORCES • Juvenile deputies attend monthly law enforcement meetings both in our office and at the Aurora Police Department to Based on the best practices belief that juveniles succeed best learn of their specific problems and target crime trends. with the least invasive law enforcement contacts, juvenile deputies and specialists participate in a range of multi-agency • Our Chief Deputy in Arapahoe attended the exclusive task forces and committees with law enforcement and other Models for Change conference in Washington DC to learn partner professionals. This participation is unprecedented in what is being done nationwide in juvenile justice system the 18th JD: reform as well as federally available resources. This conference included cutting edge training in neuroscience Our Chief Deputy in Arapahoe attends and serves as Vice- • and adolescent development and evidence based treatment president of the board of the Juvenile Services Planning for low risk offenders. Our Chief Deputy in Arapahoe also Commission, which determines funding for juvenile after- serves on the Family Preservation Commission and the school programs, pre-trial services, educational and Supreme Court problem solving court training and individualized therapy programs, the family resource center, education subcommittee. and is working jointly to implement a low-risk offender program. • Our deputies have been instrumental in revitalizing the Juvenile section of the Colorado District Attorney’s Council Our Chief Deputy in Arapahoe is the DA’s representative to • to allow the sharing of legal research and experience across the Minority Over-Representation Committee. This judicial district lines. organization is a nationally funded study of two communities in the country, one of which is Arapahoe • Our deputies are visiting other district attorney’s offices County. This organization is exploring ways to reduce the throughout Colorado to learn what programs they have number of minorities in the juvenile criminal system and developed which could be implemented in the 18th to detention. improve our juvenile justice system.
16 SECTION 4 MISSION & VISION Juvenile Diversion In an atmosphere of professionalism and Program excellence, Juvenile Diversion provides counseling and support to juvenile offenders and their families. The program creates HIGHLIGHTS opportunities for change • Juvenile Diversion offers juvenile offenders and with an emphasis on accountability and personal growth. their families a counseling program that The program strives to create an effective, evidenced-based, emphasizes accountability and growth. comprehensive, multi-modal outpatient counseling program.
• When compared with the juvenile justice system, OVERVIEW Diversion is a highly cost-effective and successful program. Every part of the Juvenile Diversion program is built on • The foundations of the program are therapy- the research-supported belief driven prevention, intervention and that encouraging strong accountability. connections and meaningful experiences is the most • Juvenile Diversion acknowledges that every effective way to keep participant is unique and one size does not fit all adolescents out of trouble. when it comes to counseling. Through its wide array of therapy approaches and services, Diversion gives its clients powerful opportunities
17 for expressing pent-up emotions, for gaining the skills and 2013%Discharge%Dispos1on%of%All%Accepted%Cases% strength that builds stable identity and self-esteem, and for feeling the power of another’s positive regard. 44$ Successfully$completed$
The foundations of the program are 30$ Returned$Viola JDCP%recidivism%rates%by%year%(percent):% 2006% 2007% 2008% 2009% 2010% 2011% 2012% 2013% We tailor treatment to meet each client’s unique needs, Sample'size:' 173' 172' 155' 290' 267' 296' 154' 191' offering the most innovative, effective and proven practices, Clients'who'had'misdemeanor'or'felony' 2.31' 2.90' 3.8' 3.8' 3.4' 1.7' 4.5' 1.57' charges'at'six'months' such as EMDR, sand-play therapy, animal-assisted therapy Clients'who'had'misdemeanor'or'felony' 4.62' 4.65' 6' 6.6' 7.5' 3.7' 4.5' 3.6' charges'at'12'months' and experiential therapy. Our clients are held accountable for Clients'who'had'misdemeanor'or'felony' 10' 6.97' 7.5' 9' 10.5' 5.1' 5.1' n/a' their choices and the consequences of those choices to charges'at'18'months' Clients'who'had'misdemeanor'or'felony' 10' 12.9' 9' 11.4' 12.7' 5.4' 11' n/a' themselves and others, and they must fulfill rigorous program charges'at'24'months' requirements to successfully resolve their cases. Results are based on a random sample of 50 percent of clients who successfully completed JDCP. Time intervals are post-discharge. Recidivism results are based on adjudications and/or convictions reflected in the following criminal justice databases: NCIC/CCIC and LexisNexis. Recidivism rates for clients successfully discharged in 2009 were determined through NCIC/CCIC, Court Link (previously LexisNexis) and an additional 18th Judicial District database, ReAction. 18 ! 2012!Annual!Cost!and!Success!Rates!Per!Client! Juvenile faces While these two programs a district level charge are different and cannot be used objectively for comparative analysis, the outcomes from both programs indicate that JDCP 18th Juvenile Probation diversion is a cost-effective $770 $1,630 and highly successful intervention. 2012 success rate: 2012 success rate: 85 percent* 73 percent* One year post-program One year post-program release recidivism release recidivism rate: rate: Six percent** 14 percent** Currently, diversion programs are offered voluntarily by districts and are not required by the state. *Success is defined as completing the program with a positive termination. **Post-release recidivism for probation is defined as a filing for felony or misdemeanor charges within one year of termination from program placement for a criminal offense. Recidivism for JDCP is defined as a misdemeanor and/or felony adjudication or conviction within one year of termination from the program. Information is based on FY2008 terminations remaining successful one year after release. 9 (Recidivism Report-FY2009, Colorado State Judicial Branch) 19 SECTION 5 OVERVIEW District Court Colorado’s District Courts hear criminal felony cases, juvenile matters, civil cases in any monetary amount, as well as domestic relations, probate, and mental health cases. District court decisions may be appealed to the Colorado Court of Appeals and in some cases directly to the Colorado Supreme Court. District Court judges also hear appeals from County Court decisions. HIGHLIGHTS STAFFING • Beyond cases that are managed by specialized Arapahoe: 2 felony-level prosecutors are assigned to each of units, District Court prosecutors are responsible the 9 criminal divisions/courtrooms. 3 chief deputy district for prosecuting felony level cases. attorneys supervise the lawyers in those 8 criminal divisions. • Through committee membership and serving on Douglas: 1 felony-level prosecutor is assigned to each of the 3 multi-disciplinary task forces and working criminal divisions/courtrooms. 1 chief deputy district attorney groups, the District Attorney’s Office represents is assigned to supervise the lawyers in those 3 criminal divisions. the public’s interest both in and out of the courtroom. Elbert and Lincoln: 1 senior deputy district attorney prosecutor is assigned in each county to cover the entire • 18th JD prosecutors’ starting district court criminal docket, including district, county, and juvenile court. salaries are below the metro-area average. These senior-level prosecutors are responsible for the prosecution of all levels of serious crime. The only cases excluded are those handled by the specialized units (Special Victims and Economic Crime Units). These cases range from drug-related felonies to property crimes, to weapons offenses, to serious injury assault, sexual assault, robbery and murder. 20 Comparative district court entry-level salaries in Felony case filings by county within the 18th JD per the dollars ($): Colorado State Judicial branch (FY: 01 July-30 June): 2013 2010 2011 2012 2013 1st (Jefferson) 67,500/75,000 Arapahoe 3,093 2,842 2,679 2,917 2nd (Denver) 82,342 Douglas 778 706 760 852 17th (Adams) 73,608 Elbert 66 90 64 72 20th (Boulder) 83,424 Lincoln 68 75 71 89 18th 70,200 Total 4,005 3,713 3,574 3,930 AVG 75,000 Felony case filings by JD (metro area) per the Colorado State Comparative Senior Deputy DA (or equivalent) Judicial branch (FY: 01 July-30 June): salaries in dollars ($): 2010 2011 2012 2013 2013 1st 3,617 3,776 3,526 3,571 1st (Jefferson) 98,000 2nd 4,343 4,017 3,985 4,696 2nd (Denver) 92,145 17th 3,829 4,156 3,757 4,158 17th (Adams) 84,660 18th 4,005 3,713 3,574 3,930 18th 90,000 AVG 88,961 Committees, Task Forces, Volunteerism AVG w/o 4th 91,201 Partnerships with other criminal justice agencies, community organizations, and the counties’ citizens are necessary in order to achieve justice. Through committee membership and 21 serving on multi-disciplinary task forces and working groups, drafting and implementing policies and procedures for use the District Attorney’s Office represents the public’s interest in the 18th JD’s Veterans Court program. both in and out of the courtroom. • Private citizen participation on the Board of the 18th JD’s Chief Deputy District Attorneys: Juvenile Assessment Center. • Membership on the 18th JD’s Community Corrections • Volunteer contribution to the Colorado Bar Association Board. Leadership Training program (COBALT). • Membership on the 18th Judicial District’s Wellness Court • Multiple ongoing volunteer relationships with elementary, and Recovery Court Steering Committees. middle, and high schools supporting literacy, education, and advocacy. • Participate in several law enforcement working groups, including the South Area Commanders and Law Significant Trials Enforcement Executives groups, and task forces targeting People v. Michael Medina: The victim, illegal narcotic distribution and other criminal activity. Kimberly Greene, went missing in 1996 • Participation in the jurisdiction’s Critical Response Team, after an argument with her husband, reviewing cases and submitting reports regarding use of Michael Medina. The investigation into deadly force by law enforcement officers. her death went cold until in 2005, when during a domestic violence incident the Membership on the Colorado District Attorney Council’s • defendant threatened his new girlfriend Pleading Committee, drafting charging codes for charging and mother of their 18 month old son by and tracking of offenders. stating he would kill the child. To prove Deputy District Attorneys: he could and would kill the child, he confessed to killing Kimberly Greene ten years earlier. After his new girlfriend • Partner with federal authorities on Southern Colorado and reported his statements to the police, he followed through on Front Range Drug Task Forces. his threat and killed the child. Even though Ms. Greene’s remains were never found, the defendant was convicted at • Participate in working group addressing Veterans Treatment trial of Murder in the First Degree and sentenced to life in issues through the criminal justice system, including prison without the possibility of parole. 22 People v. Robert Todd: In this domestic husband was asleep in the bedroom. Through use of the violence case, the defendant broke into his statewide electronic DNA database (CODIS) the defendant estranged wife’s trailer in Byers, Colorado, was identified as the perpetrator and convicted at trial. The attacking her and her boyfriend. He defendant was sentenced to 22 years to life in prison. attempted to kill his wife with 2 large People v. Warrior and Noble: In this case kitchen knives and in the process nearly involving the perpetrators dubbed the severed her hand, and seriously injured “Buckley/Bello Bandits,” both men were her face. The defendant then sexually tried separately in 2013 and convicted of assaulted the victim in front of their 10- multiple armed robberies of businesses in year-old son. The defendant was convicted of all charges and Aurora in 2010. Between Aurora and was sentenced to 125 years to life in prison. Denver, Brendan Warrior and Jaylen People v. Desean Owens: The defendant, a Noble were responsible for at least 10 habitual criminal, broke into his armed robberies. girlfriend’s apartment, dragged her naked In 2013, Brendan Warrior was found out of the home at knifepoint and in the guilty of 18 counts of Aggravated Robbery, process caused serious injury to her finger, Conspiracy to Commit Aggravated which later had to be amputated. After Robbery and Theft. Warrior and his having dragged her into his car, the accomplices held 7 people in Aurora at defendant terrorized the victim by gunpoint and took cash from businesses threatening to kill her while driving her and fled. around the city. The defendant was sentenced to 32 years in prison. The Warrior was sentenced to 25 years in prison and Noble District Attorney’s Office is appealing this received a 45-year sentence. sentence, as a longer one is required by law. Noble was found guilty on 16 of 17 counts, and was sentenced to 45 years in the Department of Corrections. People v. Joseph Gomez: The defendant broke into the victim’s home and sexually assaulted her at knifepoint while her 23 SECTION 6 MISSION STATEMENT Special Victims Unit (SVU) SVU is a highly specialized unit comprised of prosecutors, victim witness specialists, and investigators, each committed to serve the 18th JD’s most vulnerable populations. HIGHLIGHTS Cases include: • SVU initiated approximately 200 felony-level • sexual assault on children cases and resolved 300 cases by way of trial or • child abuse resulting in serious bodily injury or death plea. These numbers do not include juvenile or county court prosecutions. • adult sexual assault including domestic partner sexual assault • Despite no additional prosecutors, SVU increased its caseload subject matter to include adult sexual • internet facilitated crimes,including luring and possession of assaults, including domestic partner sexual child pornography assault, as well as juvenile exploitation, adult • juvenile exploitation and pimping by adults trafficking, and pimping cases. • intimate crimes against individuals who are at-risk by virtue • SVU deputies, committed to the of age, intellectual deficit, or other disability multidisciplinary approach to victim based crimes, serve on a variety of committees and task STAFFING forces throughout the community, with our 1 Chief Deputy District Attorney, 1 Senior Deputy District partner professionals. Attorney, 5.5 Deputy District Attorneys, 1 half-time Juvenile Court Deputy District Attorney, 3 victim-witness specialists, and 1 investigator. 24 STATISTICS COMMITTEES AND TASK FORCES • Approximately 300 district court cases closed in 2013 by Successful prosecution and commitment to victims of SVU- trial or disposition, including probation revocations related crimes requires a multidisciplinary approach. SVU (excluding juvenile or county court cases). prosecutors and specialists participate in a range of multi- agency task forces and committees with law enforcement and 170 new district court cases were filed in Arapahoe and • other partner professionals. This level and breadth of Douglas County in 2013 (excluding juvenile and county participation is unprecedented in the 18th JD: court cases). SVU Chief Deputy: • SVU deputies trained and advised law enforcement and filed 50 internet-based cases. Although consistent with the • Appointed by Governor Hickenlooper to the Statewide Child number of cases filed in 2012, the qualitative aspect of these Fatality Review Team, to review all child deaths in the state investigations has increased significantly. There has been a and make prevention recommendations marked upswing in terms of aggravated internet-based Appointed to the Colorado Commission on Criminal and crimes: 50% more luring cases involve actual child victims • Juvenile Justice (CCJJ) to review sentencing of sex (as opposed to role-playing law enforcement officers) than offenders in previous years. For example, in one week in March 2013, our unit facilitated 3 arrests for internet luring, including a • Chairs a SVU task force through the Colorado District magistrate, a military officer, and a previously convicted sex Attorneys Council (CDAC) to review and develop best offender. Similarly, the crimes involving possession of child practices and common issues in SVU prosecution pornography are yielding cases with over thousands of throughout the state images as opposed to a handful of images that we saw in previous years. SVU prosecutors (beginning in 2013): • SVU also doubled the number of pimping-based cases, • Attend forensic interviews and participate in the interview including adult and child pimping, to a total of 21 felony process for children who are sexually or physically cases filed. assaulted. This is their first involvement with law enforcement to disclose the abuse in a special forensic interview. 25 • Work with The Kempe Center on cases involving children People v Cleveland: While on sex offender and infants suffering from serious bodily injury. The probation, the defendant molested a medical staff, social workers and SVU collaborate in order to neighborhood child in unincorporated ensure the investigation is complete. Arapahoe and a different boy at a Douglas County recreation center. The cases were Participate in weekly Multi Disciplinary Team review at • severed (split). After a week long trial during DHS on all cases of alleged child abuse and neglect which the boy testified for nearly an entire • Participate in the Statewide Innocence Lost Taskforce day, a jury found the defendant guilty. He was (dealing with juvenile exploitation), as well as the Arapahoe sentenced to 16 years to life in the Department of Corrections. Human Trafficking taskforce People v Matthew George: The defendant • Participate in regular meeting with the Sex Offender used the internet to lure two separate girls to Probation Unit private locations where he sexually assaulted them. Upon conviction, he was sentenced to • Prepare and conduct multiple presentations at area schools 24 years to life in the Department of on topics, such as internet safety and abuse prevention Corrections. programs People v Godinez : Omar Ricardo Godinez -- SIGNIFICANT TRIALS a juvenile prosecuted as an adult and one of four co- defendants--kidnapped and participated in the brutal gang SVU deputies and specialists work to obtain justice for victims rape at gunpoint of two women in separate incidents. The and the community through numerous prosecution tools, court sentenced the defendant to 32 years to including conducting numerous jury trials. life in the Department of Corrections. SVU trials are characteristically difficult, typically last one People v Koca: The defendant was a week, and involve expert witnesses. grandfather convicted by a jury of multiple In 2013, SVU deputies went to trial in approximately 17 felony counts of sex assault on a family member and cases. A few are: was sentenced to 176 years to life in the Department of Corrections. People v. Cendejas: A defendant step-father 26 was convicted for repeatedly sexually assaulting his three step daughters and was sentenced to 120 years to life in the Department of Corrections. People v. Raul Alberto Gutierrez-Hernandez: defendant, a Tae Kwon Do instructor, remains on the run after being convicted of multiple counts of sexual assault on three girls in his class. 27 SECTION 7 MISSION STATEMENT Economic Crime Unit The mission of the 18th Judicial District’s Economic (ECU) Crime Unit (ECU) is to aggressively prosecute complex financial, white-collar crimes to the fullest extent of the law including exploitation of the elderly. HIGHLIGHTS STAFFING • The Economic Crime Unit (ECU) works to aggressively prosecute complex financial crimes, One Senior Deputy District including exploitation of the elderly. Attorney (Director), one Deputy District Attorney, a paralegal, two investigators with • ECU investigates and prosecutes a large range of financial crimes experience, and a Director of Consumer crimes including financial elder fraud, public Protection. In 2014, an additional Deputy District Attorney corruption and embezzlement. was added to the ECU. All ECU prosecutors have Masters degrees in either Business Administration or Management • In addition, ECU oversees fraud prevention and Organization. programs, which hold offenders accountable, while protecting the rights of victims. OVERVIEW • ECU actively participates in the community with ECU investigates and prosecutes complex financial and white- programs and alerts designed to protect anyone collar crime with large monetary losses, including: from becoming a victim. • Bank, contractor, loan/mortgage, investment, business, securities and other “white-collar” thefts and frauds • Violations of the Colorado Organized Crime Control Act (COCCA) 28 • Intricate identity theft, schemes to defraud, and employee • Consumer Economic Crime Complaint Form via the District embezzlement Attorney’s internet website. • Cases involving thefts of large sums of money (at least • Civil forfeitures for the entire office. $250,000 – usually much larger amounts) As criminals have become more sophisticated, the types and • Public corruption breadth of economic crimes have exploded. Con artists who perpetrate identity theft and other financial crimes are Unemployment and welfare fraud • becoming more and more sophisticated. Often economic and • Cases involving multiple jurisdictions, multiple victims, or financial crime cases are complex, involving thousands of multiple defendants documents and requiring an expertise in accounting, internet technology, mortgage fraud, business practices, securities • Financial elder fraud transactions, or other specialty areas. • Drug trafficking/manufacturing involving identity theft, Some recent economic crime investigations have included a check fraud and/or forgeries six-figure money laundering and theft operation, large fraudulent check cashing rings, identity theft investigations • Overall complex crimes involving multiple victims, misappropriation of monies from Additionally, ECU provides the employers, and criminal conduct by home improvement following services: contractors. Crimes are often personal in nature, oftentimes invoking a tremendous break of trust between defendants • Facilitation of both the district- who most often know their victims. Using fraud prevention wide and Arapahoe county grand programs, collaborative investigations, and aggressive juries for our own investigations, prosecution, ECU holds offenders accountable, while as well as assisting other units and protecting the rights of victims. attorneys with the use of such grand juries. Additional focus has recently been placed on some of the most vulnerable victims in our community. As society ages, the • Fraud prevention and consumer-related outreach through problem of crimes against older members has increased. our Director of Consumer Protection (Barbara Martin- Criminals often take advantage of older citizens who may not Worley). be aware of some of the latest scams. On occasion, these 29 citizens are vulnerable and physically abused by family and other varying aspects of the position. Numbers for the members or other caregivers. ECU investigates allegations of year 2013 include: elder abuse as well as cases involving theft and other frauds An estimated 700+ calls for assistance (312 in second-half of committed against older citizens. • year alone) The typical ECU prosecution involves theft in excess of 50+ community presentations (31 presentations, with 747 $250,000, some in excess of $1,000,000. • attending second half of year alone) CONSUMER PROTECTION • Organized yearly “Fraud Prevention and Safety Additionally, ECU oversees a full-time Director of Consumer Summit” (large scale event primarily hosted by the District Protection, a position which was split for the year 2013 Attorney’s Office) between John Skoglund (January – June) and Barbara Numerous fraud alerts and media outreach, including a Martin-Worley (June – present). This position oversees a • Channel 7 interview involving bogus charity websites comprehensive program which educates consumers about following the shootings at Arapahoe High School scams and schemes operating within our jurisdiction and the entire metro area. Additionally, this position assists those CASE FILING PHILOSOPHY who have fallen victim to a fraudulent event. The consumer protection program has four basic elements: ECU does the filing of charges and intake for all of their cases. Attorneys work with law enforcement from the ground-floor • Crime Prevention Seminars of the investigation. Unlike other units within the office, ECU is primarily document driven, resulting in several thousands • Consumer Alerts of pages of discovery for any given case. While it is important • Monitoring of the Consumer Protection Line to file cases, ECU recognizes the importance of not hastily filing cases, focusing on those cases which we can prove Working with various media outlets to provide consumer • beyond a reasonable doubt from the point of filing. This protection information on a mass scale results in a tremendous amount of work pre-filing. A On a daily basis, the Director of Consumer Protection common saying in ECU is the real work is done before the conducts prevention seminars, consumer alerts, work with case is ever filed. Additionally, ECU cases often come by way individuals who called in via the consumer protection line, of grand jury indictment rather than complaint and 30 information filing. The result is a more select acceptance of People v. Steven Thompson (Douglas): worked-up case filings, with strong provability and aggressive The defendant used$213,518 in stolen prosecution for the cases filed. monies related to illegal business/ property deals. This case involved Theft NOTABLE ECU CASES (F3) over $20,000, Forgery (F5). He was People v. Zachary Davidson (Arapahoe): The defendant found guilty at trial to all counts, and allegedly embezzled over $3 million of public funds sentenced to 10 years ECU probation (metropolitan district bond money) via the Landmark high- with 90 days jail. rise development (I-25/Belleview). In December 2012, a People v. Lawrence Livingston (Douglas): year-long Grand Jury investigation resulted in an indictment. This was a securities fraud/theft scheme in which the This case involved 20 felony counts, including Theft defendant stole more than $1.3 million from investors. His $20,000+ (F3), Embezzlement (F5), Forgery (F5). The case wife was charged with Theft Receiving (F3) for receiving more ended in January 2013 when the defendant died. than $350K. People v. Julie Barnes (Arapahoe): The ECU GRAND JURY INVESTIGATIONS defendant stole $3.2 million from her employer (WellDyne, Inc.) over a decade All defendants are presumed innocent of the charges against time period. This case involved Theft them until such time as they may be convicted in court. An (F3) and numerous other felony counts. indictment is merely an accusation of criminal conduct. The defendant pled to the highest count People v. Lowell Andrews (Arapahoe): The defendant was and was sentenced to 15 years in the indicted on felony counts of Theft (F3) and Securities Fraud Department of Corrections and payment (F3) for fraudulent auto title scam D.B.A. “Auto Hut Motors.” of restitution. There are 41 victims and more than 20 vehicles involved in People v. Kathleen White (Arapahoe) and People v. Osvaldo this case. Ponce (Arapahoe): This was a large scale ECU investigation People v. Marco Smith (Arapahoe): The defendant was involving mortgage fraud. Charges were filed against both indicted on 10 felony counts, including Theft (F3) and Motor defendants on 30+ counts involving theft and forgery related Vehicle Theft (F3) for fraud and a scheme involving sale/ to the illegal sale of four houses. This case involved Theft (F3) swapping of vehicle over internet. over $15,000, Forgery (F5). 31 People v. Bruce Robertson (Arapahoe): The defendant was • CA District Attorneys Association – National Elder Abuse indicted on five felony counts of Theft (F5)/(F6) for a scheme Symposium, Anaheim, CA (one ECU attorney, one ECU involving contract fraud and sales/installment of airport kiosk investigator, and the Director of Consumer Protection businesses. attended this week-long training) CIVIL FORFEITURES Additionally, the Director of ECU has conducted several trainings related to forfeitures to local law enforcement. ECU handles all forfeitures within the 18th JD. In 2013, the Likewise, the unit has met with nearly all members of law ECU was successful in realizing over $20,000 in forfeitures enforcement who investigate financial crime throughout our submitted by local law enforcement. Another four pending jurisdiction, as well as the 18th Judicial Probation vehicle sales will increase this number. While a 2011 change Department’s Economic Crime Unit. in the state forfeiture law has dampened submission of forfeitures over the past few years, the ECU has worked to MEMBERSHIPS & COMMITTEES develop reasonable goals towards increasing forfeitures under Forfeiture board member (DA’s Office) the current administration. The hope is to double, and • perhaps triple, the amount of forfeitures realized in the next • DA representative for all other law enforcement forfeiture few years through a comprehensive approach of educating law boards (Englewood, Glendale, Littleton, ACSO, DCSO, etc.) enforcement about forfeitures. • Securities Fraud Working Group member (facilitated by TRAININGS FINRA and SEC) Attorneys and investigators within ECU have attended the • Colorado Organized Retail Crime Alliance following trainings: • National White Collar Crime Center training on Financial Investigations Practical Skills (all ECU attorneys have attended this 4 ½ day training) • National White Collar Crime Center training on prosecution of Mortgage and Vacant Property Fraud (all ECU attorneys and one investigator have attended this one-day training) 32 SECTION 8 “The dead cannot cry out for justice, it is the duty of the living Cold Case Unit to do so for them.” --Lois McMaster Bujold MISSION STATEMENT The mission of the 18th Judicial District Cold Case Unit is to partner with law enforcement agencies and HIGHLIGHTS forensic laboratories to • The Cold Case Unit (CCU) was formed in 2013 by systematically review, solve newly-elected District Attorney George and prosecute violent Brauchler. crimes that are over three years old. • Cases that are over three-years-old are considered “cold cases” and none of them are We give a voice to those deemed unsolvable. who cannot speak for themselves and endeavor to bring closure to survivors of violent crimes. • Since the creation of the CCU, 39 cold cases have STAFFING been reviewed, seven cases are currently under prosecution, and three cases have been The CCU consists of the Assistant District Attorney, one successfully prosecuted. Deputy District Attorney, one part time Victim/Witness Specialist and one part time Investigator. • The CCU works closely with law enforcement agencies throughout their review process. COLD CASE UNIT BY THE NUMBERS In the 18th JD, there are over 200 cold case homicides. In 2013, in an effort to bring justice to those to whom it has been 33 denied for so long, District Attorney George Brauchler formed The CCU is actively working with law enforcement on an the Eighteenth Judicial District Cold Case Unit (CCU). additional twenty cases. Over the past eighteen months, CCU has reviewed 39 cold REVIEW PROCESS cases. In every single case reviewed we have identified leads No cold case within the 18th JD is considered closed or and directed further investigation to actively move the case unsolvable. However, when prioritizing limited resources, the towards prosecution. Cold Case Unit employs a preliminary screening process for CCU is currently prosecuting seven violent crimes. Five are identifying cases to review. murder cases, one is an attempted murder case and one is an The attorneys and investigator of CCU go to each police accessory to murder case. • agency and explain to them the mission of our unit and the CCU identifies, reviews, solves, and successfully prosecutes support we can provide. We solicit from each agency cases offenders of violent crimes where the case is three years old or which they believe are suitable for review. If the case file the investigation has stalled or been discontinued. comes in paper format we scan everything into a PDF which can be shared among the CCU for review. Each reviewer With the passage of HB 13-1020 last year, the Cold Case Unit’s makes notes in the PDF for others to view. In many cases, mission expanded to assist with the prosecution of unsolved due to the passage of time the file is completely disorganized sexual assault cases as well. or is missing reports. These case files typically consist of It is the driving force of the CCU that the unlawful taking of several thousand pages. We organize the file and seek any human life should not go unresolved just because of the missing information to fill in the gaps. passage of time. • Physically review any evidence. After initial case file review, CCU continues to review cases for filing of charges and CCU will often inspect the physical evidence and determine currently has an additional twenty cases where leads have what, if anything, can be examined or reexamined. been identified or forensic evidence is being tested. Oftentimes this step takes place with an analyst from the CBI. CCU relies on advances in technology to solve cases as old as thirty years old. • Meet with the Coroner to discuss suspicious or unexplained circumstances of death. 34 • One of the last steps is to re-interview key witnesses. Time First Degree Murder in August -- making this the first Cold can be a benefit to a case that has gone cold. A witness who Case Unit case to go to trial and and the first case to receive a feels threatened at the time of the crime may no longer feel conviction. threatened and agree to talk with law enforcement. Or a People v. Hosea Brown: People v. Hosea Brown: A young witness who had some type of allegiance to the suspect may woman began pounding on a neighbor’s door in the middle of no longer have the same relationship. the night in February, 1996. The young woman appeared CASE STUDIES disheveled and beaten and reported she had been kidnapped and raped. A sexual assault examination was conducted but People v. James Fennell: In 2010, Juan no DNA was recovered using standard methods in 1996. As Miranda-Hernandez was found part of an initiative to reanalyze sexual assault kits with murdered in his apartment in Aurora. modern techniques, the kit was analyzed again in 2013 and a Miranda-Hernandez was apparently suspect DNA profile was developed. This profile was beaten with a pistol, robbed, and shot uploaded into CODIS, the national DNA database, and once in the back as he tried to flee. resulted in a hit to Hosea Brown. He was subsequently The investigation led to James Fennell, interviewed and arrested. Just before trial was set to begin, who was being held in jail on an the defendant pled guilty to a lesser count and was sentenced unrelated attempted murder case. The to the Department of Corrections. gun used in the unrelated case was People v. Sonny Torres: In 2007, a man awoke in his Aurora examined by analysts at CBI. A single hair was found in the home to someone standing over him with a knife, demanding rear sight of the pistol. DNA analysis conclusively proved the money. The victim gave the intruder everything from his hair belonged to Juan Miranda-Hernandez, and likely was wallet. The intruder then grabbed the victim by the head and embedded in the rear sight when he was beaten on the head cut his throat from ear to ear. Miraculously, the victim did during the robbery. not die and instead fought the intruder and wrestled the knife The Cold Case Unit sought assistance from the FBI to analyze away. The intruder fled, but not before being cut by his own cell phone records belonging to Fennell and other witnesses, knife, leaving a trail of blood behind. Using modern DNA which ultimately placed Fennell in the vicinity of the victim’s analysis, a profile was developed from the suspect’s brother, apartment at the time of the murder. First degree murder which enabled us to seek an arrest warrant of the suspect in charges were filed against Fennell and he was convicted of California. Torres was extradited to Colorado and is currently 35 in the Arapahoe County jail pending trial on attempted first Grand Jury in June, 2014. On July 25, 2014, the Grand Jury degree murder, aggravated robbery, burglary, and other returned indictments against four defendants for First Degree charges. The trial is scheduled to begin in January of 2015. Murder and Conspiracy to Commit First Degree Murder. A fifth defendant was charged as an accessory to the crimes. All People v. Jon Harrington: In 2003, a man helped his friend defendants have pending hearings and are currently in- Jon Harrington move from Harrington’s apartment to the custody. man’s house. Among the items moved was a large, white Rubbermaid container. Two years later the man was moving the Rubbermaid container when it broke open exposing a foot. Police were called and it was revealed that Harrington’s former roommate, Carolyn Jansen, was in the container. It was not until new DNA evidence, combined with information learned in the previous investigation, led to second degree murder charges against Harrington. At the preliminary hearing the judge found probable cause and bound over the case for trial. The defendant is scheduled to be arraigned on the murder charge in September of 2014. People v. Devon Grant-Washington, Brandon Jackson, Urocca Guyton, Amin El-Howeris, Bruce Roberts: On December 26, 2011, at about 3 a.m., Youn Malual was shot and killed in the parking lot outside his apartment building. Mr. Malual had just returned from work and was going to his apartment to see his wife and five children. He was killed at the 1100 block of South Xenia Street, in Unincorporated Arapahoe County. It was later learned that Mr. Malual was mistaken for an intended victim who lived in the same apartment complex. After a thorough investigation by the Arapahoe County Sheriff’s Office and the 18th JD Attorney’s Office, a case was presented to the 18th Judicial District 36 SECTION 9 MISSION Appeals Unit The Appeals Unit is the office’s center for legal research and writing, analysis, and advice, as well as answering the novel or complicated legal questions we routinely encounter. The Appeals HIGHLIGHTS Unit plays a crucial role in • Our appeals unit consistently prosecutes more accomplishing our overall appeals in the Supreme Court and Court of mission, by assisting our prosecutors with legal issues before trial, during trial, and Appeals than any other district attorney’s office after trial, as well as handling important appeals that shape along the front range. In 2013, our appellate Colorado law for future cases. attorneys filed 19 substantive petitions and briefs in those counts, and conducted 3 oral arguments. STAFFING • The appeals unit does more than appeals: The One Chief Deputy District Attorney, two Senior Deputy unit also handles Colorado Open Records Act District Attorneys, a Deputy District Attorney, a paralegal, requests, research, sealing of records and more. and two law student interns. Here is some of what our appellate lawyers do: Colorado Supreme Court and Colorado Court of Appeals: All prosecution-initiated appeals in the Supreme Court and the Court of Appeals are handled by our appeals unit. In many of those cases, a judge has suppressed important evidence or dismissed criminal charges. Our expert appellate attorneys look not only to correct the erroneous ruling, but also to 37 clarify the law through published opinions of the Supreme justice records present special concerns. Where criminal Court and Court of Appeals. charges are still pending, releasing too much information can harm the defendant’s rights and undermine our ability to County Court Appeals: All appeals in misdemeanor cases— successfully prosecute the case. Our appellate attorneys whether initiated by the prosecution or by the defense—are review requests for such information to ensure that our handled by our appeals unit. The fact patterns in many of our responses are appropriate and legally correct. misdemeanor cases, especially those involving drunk driving, are often similar. Our appellate attorneys help ensure that the Sex Offender De-Registration Hearings: By statute, some legal requirements imposed on police officers investigating registered sex offenders can petition the court to be removed such crimes are applied in a consistent manner by the courts. from the sex offender registry. Our appellate attorneys respond to those petitions and appear in court to represent Motor Vehicle Appeals: Drunk drivers can ask for an the public’s interest in maintaining community safety. administrative proceeding before the Division of Motor Vehicles, seeking to have their driver’s licenses reinstated. Sealing of Records: In Colorado, some criminal defendants When they lose in that proceeding they can appeal to the can petition to have their records sealed from public view. district court. In those appeals, our appellate team represents Our appeals paralegal researches the records to assess the Division of Motor Vehicles and helps ensure that the whether the records are statutorily eligible to be sealed. Our license revocation order is upheld on appeal—keeping the appellate attorneys respond to the petitions and appear in drunk driver off the streets. court if we believe the records should remain open. Legal Research: Attorneys from throughout our office call Inter-Jurisdictional Issues: The appeals department handles upon the appeals unit to conduct legal research. This includes out-of-state witness petitions (to subpoena trial witnesses preparing prosecution motions, responding to defense who have left Colorado), interstate extradition matters (to motions, and providing quick answers to urgent questions bring defendants arrested in other states back to Colorado to that arise in the heat of trial. Our appellate attorneys also face charges), interstate detainer cases (to bring defendants directly advise the District Attorney on a broad range of issues back to Colorado to face charges, if they are in another state’s that pertain to the office’s legal responsibilities. prison or in federal prison), and other matters that require cooperation with our governor’s office, the governments of Public Records Requests: Although Colorado’s open records other states, and the federal government. laws allow the public to have ready access to many types of official information, those laws also recognize that criminal 38 General Counsel Duties: Our appellate attorneys provide legal Supreme Court and Court of Appeals: Our appeals unit advice to the District Attorney and others in our office consistently prosecutes more appeals in the Supreme Court concerning insurance coverage, vendor contracts, evidence and Court of Appeals than any other district attorney’s office retention, statutory reporting requirements, employment along the front range. In 2013, our appellate attorneys filed matters, and a broad range of other topics. Our appeals unit 19 substantive petitions and briefs in those counts, and also manages the civil lawsuits that occasionally are filed conducted 3 oral arguments. Each of those petitions and against our office by disgruntled criminal defendants. Some briefs are exhaustively researched, carefully grounded in the district attorney’s offices turn to their county attorneys for record, and persuasively written: they can take more than a such legal services, but here these duties are efficiently week—working full time—to write. The oral arguments performed in house, by our appeals unit. likewise require many hours of preparation. Because the decisions of our appellate courts create law that control cases STATISTICS throughout the state, our attorneys’ work on these matters is “Impact” Cases: In 2013 our appeals unit filed two cases in of crucial importance. the Supreme Court that could have a particularly important District Court Appeals: Appeals from county court rulings, impact. In People v. Roberson, we argued that a convicted sex and appeals of driver’s license revocation proceedings, are offender who refuses to discuss his behavior in a therapeutic litigated in our district courts. Our appellate team carefully treatment program can have his probation revoked, even if he crafts the briefs for these appeals, many of which address the has invoked the privilege against self-incrimination. In law surrounding drunk driving offenses and domestic violence People v. Schaufele, we argued for the adoption of a crimes. The district court judges who review these appeals straightforward rule saying when police officers can direct an also preside, as trial judges, over our felony cases—there is involuntary, warrantless blood draw of a drunk-driving great value in having them recognize and respect the skills suspect—to obtain evidence of the suspect’s dissipating blood- and talents of our appellate attorneys. In 2013, our appeals alcohol content—in cases of vehicular assault and vehicular team filed 62 full-length briefs in our district courts. homicide. The Roberson and Schaufele cases will provide much-needed guidance to police officers and judges on Other Statistics: Here are the numbers on some of the other constitutional questions of great importance to community duties handled by our appeals unit in 2013. Extraditions: safety. 248 decisions, 12 governor’s warrants, and 6 proceedings under the interstate agreement on detainers. Petitions To Seal Criminal Justice Records: 283 responses filed. Out-of- 39 State Witness Petitions: 52 originating from our office, 7 • People v. Westcott, 12CA1441 (reply brief) incoming requests from other states. Sex Offender • People v. Wilburn, 11CA1942 (reply brief) Registration Petitions: 28 petitions or pre-petitions. Criminal Justice Records Requests: 57 requests processed. • People v. Larkins, 11CA1029 (reply brief & oral argument) In 2013, there were 32 license revocation appeals filed and 49 • People v. Bueno, 10CA2114 (reply brief) county to district court appeals. In the Colorado Court of Appeals and Colorado Supreme Court the following cases were actively briefed in 2013: Petitions for Certiorari: • People v. Wilburn, 13SC895 (petition) • People v. Hay, 13SC373 (petition) • People v. Todoroki, 13SC689 (petition and reply brief) • People v. Westcott, 13SC504 (opposition brief) Interlocutory: • People v. Schaufele, 13SA276 (opening and reply briefs) • People v. Zadran, 13SA194 (opening and reply briefs) Rule 21: • People v. Roberson, 13SA268 (opening and reply briefs) Court of Appeals: • People v. Martinez, 13CA967 (opening brief) • People v. Bayer, 13CA902 (opening brief) • People v. Nava-Hernandez, 13CA571 (opening brief) 40 SECTION 10 MISSION STATEMENT Victim Witness Unit The Victim Witness Unit exists to support victims and witnesses throughout the criminal justice process. The VW Unit strives to ensure that victims of violent crimes are HIGHLIGHTS afforded their rights as • We successfully recruited one of the heads of the outlined in the Victim Colorado Division of Criminal Justice to take Rights Act. In addition, the VW Unit acts as a liaison for victims and witnesses to the attorneys handling their cases, over our Victim Witness Unit as its Director. including the provision of information regarding the court • The director supervises 32 staff members. process, assistance with various resources including victim compensation, support during court hearings, and the • The unit successfully obtained more than coordination of victims and witnesses for trial. $186,000 in grant-funding to enhance the performance of its mission. 2013 was a year of transition for all of the Victim Witness staff. A major accomplishment for the entire group was the • The staffing in the unit complies with the Victim conversion from the critical computer system, called Rights Act as outlined in Colorado Statute REACTION, back to the computer system maintained by the (24.1.1.301-302). Colorado District Attorneys Association (CDAC), called ACTION. These systems, in part, provide notification letters to victims, as well as processing subpoenas on all cases. 41 STAFFING These numbers are a small snap shot of the work completed by the Victim Witness staff during 2013. There were One Director, 25 VW Specialists, and 7 support staff. numerous trials that were prepared that did not go to trial, The following is a brief overview of some of the work done but time and effort was spent preparing the victims and within the unit: witnesses. • The victim witness specialists assisted in prepping for and The unit also handled the HIV testing required on sexual coordinating witnesses for 290 trials (115 Felony, 150 assault cases and the initial processing of any U-Visa requests. County, and 25 Juvenile); Twelve of the felony trials were The VW Unit also continued their ongoing training by completed by the Special Victims Unit (SVU) specialists. attending the Ending Violence Against Women International’s • 42,564 Subpoenas were printed and mailed for all 4 counties regional training or the COVA conference. to law enforcement and lay witnesses; VW GRANTS As part of the office’s compliance with the Victim Rights • The VW Unit is able to enhance its ability to perform its Act- 28,347* critical event letters were sent out to victims. mission and provide greater services to the community and This included the initial filing letter and victim impact those they serve through the successful application for grant statement, as well as notifications of upcoming court funding. These funds are in addition to funds provided hearings. (*This number does not include any notifications through the Office’s operating budget. Below is a list of sent out as part of the Aurora Theatre Shooting case); current grant funding for the VW Unit. • The Fast Track Programs in Arapahoe and Douglas county • Division of Criminal Justice (DCJ) – Office for Victims assisted a total of 871 misdemeanor domestic violence Programs – VOCA Grant provides $79,574 (annually for two victims (490 Arapahoe and 381 in Douglas); years) to help pay a portion of the salaries for Fast Track, an • The three volunteers in the Arapahoe County Fast Track SVU advocate, and a felony DV advocate. The Office has program volunteered 407 hours; and reapplied for this grant for 2015 and 2016. • The Victim Witness Waiting room in the Arapahoe County • VALE (Victims and Witnesses Assistance and Law courthouse had 6250 victims and witnesses check in for Enforcement) Grant #1 provides $39,110 to pay a portion of various court hearings during the year. the Fast Track Salaries. This funding is for the grant period 42 from July 1, 2014 - June 30, 2015. The funding received is an 18 percent decrease due to lack of VALE funds available. • VALE Grant #2 provides $21,000 to pay a portion of the salary for the Notification Assistant in the Victim Witness Center at the Courthouse. This funding is for the grant period July 1, 2014 – June 30, 2015. The funding received is a 16 percent decrease from previous funding due to a lack of VALE funds available. • Division of Criminal Justice (DCJ) – Office for Victims Programs – SART (Sexual Assault Response Team) Grant provides $34,128 to pay the salary, operating and travel expenses for the SART Coordinator. DCJ may extend the grant 2 more years at its discretion. 43 SECTION 11 MISSION STATEMENT Victim Compensation/ Victim Compensation (VC)’s mission is to VALE provide financial assistance for crime- related compensable expenses. It is a program mandated by the Crime Victim Compensation Act HIGHLIGHTS at C.R.S. 24-4.1-101. 1. The three staff member unit has not increased VALE’s mission is to fund agencies who serve crime victims in in employees in 20 years. the 18th Judicial District, through a grant process. It is a 2. The claims workload has doubled over the past program mandated by the Victims and Witnesses Assistance and Law Enforcement (VALE) Act C.R.S. 24-4.1-102. 20 years, including a 60% increase in just the past five years. Funding for VC and VALE grants is generated from surcharges assessed by the courts against defendants at the 3. In 2013, the 18th JD Victim Compensation time they are sentenced. The assessed amounts are $163.00 Board administered more claims and for felonies and $78.00 misdemeanors. distributed more money to victims than 17 other states in the U.S. STAFF 4 Staff Members; 8 volunteer Board Members. GRANT VC/VALE was able to fulfill its mission for 2013 with the addition of staff member funded through the Antiterrorism and Emergency Assistance Program (AEAP) grant. The 44 grant is a 3 year, one-time only, grant. The grant period FUTURE OF VC/VALE DEPARTMENT expires July, 2015. Continued increase in claims, ongoing outreach initiatives and STATISTICS increased payments are anticipated for Victim Compensation. We are continually evaluating work flow and productivity to VALE: The Board awarded over $2 million in grant funds to fully maximize staff resources. With the exception of the 40+ victim service agencies in the 18th Judicial District. grant-funded position, the unit has not had a staff increase in VC: The Board awarded over $2.1 million on behalf of victims more than 20 years, while the claim load has doubled. The in the 18th Judicial District. Our staff of 4 has administered unit aims to retain the grant-funded position, to ensure that it claims and distributed more money than the entire states is able to continue to meet the needs of crime victims in the (staff sizes in parentheses) of: Alabama (26), Alaska (3), 18th JD. Arizona (27), Hawaii (8), Idaho (11), Kentucky (10), Louisiana (3.5), Maine (3), Montana (6), Nebraska (7), New Hampshire (2), North Dakota (1), Rhode Island (4.5), South Dakota (4), Vermont (4), West Virginia (6), and Wyoming (3.5). Within the last 5 years, we have experienced a 60% increase in new claims received and a significant increase in payments issued. Some increase is attributable to general awareness and outreach to crime victims. Some is attributable to the Century 16 shooting (536 claims to date) and some the Arapahoe High School Shooting (404 claims to date). We are on trend for another sizable increase in 2014. As of 2/18/14, we have received 470 new applications for the year. That figure represents 30% percent of the total applications received for 2013. 45 SECTION 12 OVERVIEW Problem Solving Courts Problem Solving Courts seek to provide accountability, promote public safety, and reduce recidivism. The courts are a collaborative effort between the prosecution, defense, courts, probation, treatment providers, and law HIGHLIGHTS enforcement. Each court uses evidence-based treatment and • 18th Judicial District has three Problem Solving best practices to supervise high risk offenders following the Courts. ten key components developed by the National Drug Court Institute. • The Wellness Court works with defendants who This non-adversarial approach to crime was first established have a diagnosed mental health condition. in Florida in 1989. Current research shows that problem Fourteen participants have successfully solving courts are an effective, cost saving way to reduce completed the program since inception. substance abuse, manage mental illness, and increase the • The Recovery Court focuses on defendants in the likelihood that participants will remain in recovery and criminal justice system with substance reintegrate into the community as contributing members (The dependence issues. Four participants have Verdict on Drug Courts and Other Problem Solving Courts, Chapman Journal of Scientific Justice, Douglas B. Marlowe, successfully completed the program. February 22, 2011; Colorado Problem Solving Courts Best • The Veterans Treatment Court is a hybrid adult Practices manual, October 2010). drug court and mental health court for It takes a minimum of 18 months to complete each of the defendants who are veterans struggling with programs, but a more realistic timeframe is 2+ years. trauma-related issues impacting their behavior. 46 Wellness Court Currently a chief deputy district attorney attends these meetings and oversees the WC processes. The 18th Judicial District first established a mental health court in February 2010. Recovery Court To be eligible, applicants must be charged with a felony and This jurisdiction established the Recovery Court (RC) in must have an Axis I mental health diagnosis (sex offenders are November 2011 to address criminal offenders with substance not eligible). Participants in Wellness Court (WC) must dependence. advance through five phases before successfully graduating To be eligible, applicants must be facing felony probation from the program. Each phase has a number of requirements, revocation (sex offenders are not eligible). RC participants allowing offenders more autonomy as they work through the must advance through four phases before successfully program. As of December 2013, there were 45 WC graduating from the program. Each phase has a number of participants and 14 successful graduates. requirements, allowing offenders more autonomy as they A prosecutor is an active member on the WC team. The work through the program. prosecutor is responsible for participating in new applicant As of December 2013, there were 26 participants and 4 screenings as well as weekly staffings of current participants. graduates. RC has been at capacity nearly since its inception. After an offender is accepted by the team, the WC prosecutor is responsible for extending an appropriate plea offer, and The prosecutor on the RC team is responsible for participating working with the assigned prosecutor to effectuate the plea in new applicant screenings as well as weekly staffings of agreement in court. Once an offender has pled into WC, the current participants. Once accepted to RC, the RC prosecutor prosecutor’s role is to work with the WC team to determine extends a plea offer and the applicant’s case(s) is/are moved appropriate treatment modalities and appropriate incentives to the RC division. The RC prosecutor completes the plea and sanctions for participants. agreement in the RC courtroom. Once an offender has pled into RC, the prosecutor’s role is to work with the RC team to The assigned prosecutor attends weekly court on Thursday determine appropriate treatment modalities and appropriate afternoons and all graduations. The prosecutor also attends incentives and sanctions. training at least annually with the WC team. A WC steering committee meets quarterly to discuss changes and updates in order to maintain fidelity to the program. 47 The assigned prosecutor attends weekly court on Friday the applicant does not successfully complete VTC. Once an afternoons and all graduations. The prosecutor also attends offender has pled guilty, the prosecutor’s role is to work with training with the RC team at least annually. the VTC team to determine appropriate treatment, incentives, and sanctions. Veterans Treatment Court Although the Veterans Treatment Court is a new initiative, The Veterans Treatment Court (VTC) was established in peer-reviewed studies have consistently shown that this type March 2013 for offenders who are veterans struggling with of treatment court model dramatically reduces recidivism and service trauma-related issues. saves taxpayer’s funds. To be eligible, applicants must have served in the armed The assigned prosecutor attends weekly court on Friday forces and have a service-related Axis I diagnosis. The VTC mornings. The prosecutor attends training with the VTC team focuses on offenders with PTSD or TBI related to their service, at least annually. but includes other mental health diagnoses. Preference is given to applicants with felony offenses, but applicants with misdemeanor offenses may apply (sex offenders are not eligible). VTC participants must advance through four phases, before successfully graduating from the program. Each phase has a number of requirements, allowing offenders more autonomy as they work through the program. Due to the recent establishment of the VTC, there are not yet any graduates. As of August 2014, there were 15 veterans participating in the the court. The VTC prosecutor, a Marine Corps Reserve judge advocate officer, is responsible for participating in new applicant screenings as well as weekly staffings of current participants. Once an offender is accepted, the VTC prosecutor determines appropriate offers on cases to ensure public safety in the event 48 SECTION 13 People v. Nathan Dunlap (Arapahoe)(convicted) Death Penalty Cases In 1993, Dunlap murdered four innocent victims and shot a fifth person, who survived, in the head. This happened at a Chuck E. Cheese restaurant in Aurora. He was convicted and sentenced to death by a unanimous El Paso County jury in 1996. The US Supreme Court denied the last of Dunlap's attempts to undo his conviction HIGHLIGHTS and sentence in March 2013. • The District Attorney began 2013 as the only Dunlap was ordered by the court to be executed the week of Colorado DA’s office pursuing the death penalty August 18-24, 2013. (4 cases). Dunlap’s defense attorneys petitioned Governor John • On April 1, 2013, DA George Brauchler decided to Hickenlooper to intervene and grant clemency--the act of seek a death sentence in the Aurora Theatre converting his death sentence to life in prison. Our office Shooting case (Arapahoe). worked vigorously to defend the unanimous jury’s 17 year-old verdict and sentence. • The DA’s Office has sought no additional or supplemental funds from county commissioners On May 22, 2013, Governor Hickenlooper exercised the power to prosecute these cases. of “reprieve” from the Colorado Constitution via Executive Order D2013-006. The effect of the Executive Order is to • Colorado Department of Corrections (DOC) indefinitely suspend the imposition of the death sentence reimbursed the prosecution costs incurred in against Nathan Dunlap until the Executive Order is rescinded People v. Edward Montour directly to the four by Governor Hickenlooper or a future governor. There is no counties of the 18th JD as mandated by statute. documented use of the reprieve power since 1895. 49 Also on May 22, 2013, District Attorney George Brauchler Wolfe, a unanimous jury agreed that death was the responded to Governor Hickenlooper’s Executive Order on appropriate penalty in 2009. the west steps of the Capitol in Denver. A previously unused post-conviction legal process for death People v. Sir Mario Owens/People v. Robert Ray penalty cases in Colorado is applicable to the Owens/Ray (Arapahoe)(convicted) cases. On June 20, 2005, Owens murdered The Colorado Supreme Court issued a stay in the proceedings Javad Marshall-Fields and his fiancee, to address a legal issue raised by Owens’ and Ray’s defense Vivian Wolfe, at the direction of Ray. attorneys from April, 2013 to August, 2014. The case is Javad Marshall-Fields was scheduled to currently scheduled for several months of hearings this fall. testify against Ray the following week in People v. Edward Montour (Lincoln/Douglas) a trial related to the July 4, 2004 murder of Greg Vann where Marshall- People v. Edward Montour (Lincoln/Douglas) - On October Fields had also been shot. Ray wanted 18, 2002, while serving a life sentence for the 1997 murder of to avoid prison. Owens was at risk of his 11 week old daughter, Montour murdered Eric Autobee, a being identified by Marshall-Fields in correctional officer, by repeatedly bashing his skull with a the Greg Vann Murder. heavy, industrial-sized, kitchen tool. Montour originally pleaded guilty and was sentenced to death by a Douglas Sir Mario Owens has been convicted of County District Court Judge in 2003. That sentence was the 2005 murder of Greg Vann and overturned in 2007, when the Colorado Supreme Court sentenced to life in prison. Sir Mario applied a US Supreme Court ruling that said a death sentence Owens has also been convicted of the can only be rendered if factually supported by a unanimous murders of the 2005 murders of Javad jury. Marshall-Fields and Vivian Wolfe and was sentenced to death by a unanimous jury. In April 2013, a different judge allowed Montour to withdraw his original 2003 guilty plea. In January 2014, jury selection For his role in the July 4, 2004 shootings, Ray was convicted began for his new trial. On January 30, 2014, over three of attempted murder and first degree assault for shooting weeks after the trial had started, Montour’s attorneys Javad Marshall-Fields and a protected witness. Ray was also untimely filed notice of 13 additional expert witnesses. The convicted of the murders of Javad Marshall-Fields and Vivian 50 Court subsequently denied our motion to strike those witnesses and denied our request for additional time to find other experts to investigate the defense experts' claims and to otherwise respond to their new claims. On March 6, 2014, Montour pleaded guilty to First Degree Murder and was immediately sentenced to life without the possibility of parole. Theater Shooting Case (Arapahoe) (pending in 2014) The Defendant is charged with murdering 12 people, in addition to attempting to murder 70 others, and one count of possessing an explosive device. The law presumes him innocent unless proven guilty beyond a reasonable doubt. On April 1, 2013, DA George Brauchler announced that the prosecution would seek the imposition of a death sentence. The defendant has pleaded not guilty by reason of insanity, which required the judge to order that the Colorado Mental Health Institute At Pueblo (CMHIP) evaluate his sanity. The original report from CMHIP was provided to the court and attorneys on September 6, 2013. The DA's office filed a motion for a further examination, which involved substantial litigation. This procedure, while specified in the statute, has seldom been used in Colorado. The trial court granted the DA's motion for further examination, and the report of the further examination is due in mid-October. The trial is scheduled to commence on December 8, 2014 with individual jury selection. The entire trial process is scheduled to take a number of months. 51 CHAPTER 3 Budget The Office budget is funded annually based on CRS Sec. 20-1-302, which states: “Expenses shall be borne by the various counties in the judicial district, each in the proportion that the population of such county bears to the population of the whole judicial district, according to the last preceding decennial census population estimate that is prepared before May 1 of the current year by the Division of Planning in the Department of Local Affairs. SECTION 1 Overview Comparison The Office budget is funded annually based on Colorado Revised Statue, Section 20-1-302 which states “expenses shall be borne by the various counties in the judicial district, each in the proportion that the population of such county bears to the population of the whole judicial district, according to the last preceding decennial census population estimate that is prepared before May 1 of the current year by the Division of Planning in the Department of Local Affairs. HIGHLIGHTS Over the past five years, the Office budget has decreased by • The District Attorney’s Office’s budget is 3.62% 3.6% from $19,738,000 in 2010, to $19,023,000 in each of less than it was in 2010, while surrounding the last three years. In the same time period, the budgets of counties and law enforcement agencies generally our supporting counties has increased between 2.8% and saw an increase. 26.5% in their general fund and 1% and 13.26% county-wide. • The Office is requesting a 5.08% increase in Over the past two years the Office has been diligent in funding to make our salaries and benefit package spending the funds provided and has implemented the competitive with other Front Range District following strategies to stay within our annual budgets: Attorney’s Offices and governmental entities. • Implemented a partially self-insured health insurance plan • The Office is requesting a 3.52% additional and saved $140,000 in 2013 over the prior insurance plan. staffing to cover criminal cases in a new • Piggybacked off County or State contracts to reduce costs in courtroom and to support a newly created drug printing, office supplies and copying. task force. • Implemented a P-Card program that will generate a cash rebate for 2015. • Substituted 401K Forfeiture funds for monthly 401K contributions. 53 • Reallocated and eliminated positions to better situate the Comparison of County-Funded Staffing by Position office to meet the case load demands of today and for years to come. Jurisdiction-Funded Position 2010 2014 Salaries County Court Deputies 24.85 25.4 This adjustment is a 8.6 % increase to the total salaries line Chief District Deputies 11 10 item and deemed necessary as office wide salary increases have not been distributed since 2012. District Court Deputies 27.6 27.35 The office pay scale has also remained largely unchanged, and Investigators 20 19 without increase, since 2008. Because of this, several positions have fallen below market rate and are no longer IT 5 7 comparable with surrounding jurisdictions. Administrative Managers (HR, PIO, CFO) 9.9 6 The office has been cognizant of the economic environment existing for the past several years and has acted accordingly in Paralegal 5 8 its budget requests and allocations of taxpayer resources. The Senior District Court Deputies 12 14 office has approximately two fewer jurisdiction-funded FTEs than it did in 2010. Legal Secretaries 45.35 41.6 Victim Witness advocates 17.75 17.75 Juvenile Diversion employees 10.5 9 DA, ADA, Senior Chiefs 2 4 Jurisdiction-Funded Total 190.95 189.1 54 In an effort to minimize the fiscal impact to our jurisdiction We are requesting an increase of $303,000 to increase the while addressing increasing areas of need in the community, employer matching percentage of our 401k aligning us with the office continues to pursue grant-funded positions where the marketplace. available. Health Insurance 2010 2014 In 2013, the Office changed the health insurance plan Grant funded 11.05 18.63 provided to employees to better control costs of the plan. This employees cost saving strategy implemented in August of 2013 resulted Totals w/ Grant- 202.00 207.73 Funded Positions in a no-cost increase for 2013 and 2014. Entry Level Prosecutors: Entry-level salaries for Our participation rate for 2014 increased by 10%, during the prosecutors in the 18th JD DA’s Office at every level of year we added 17 participants at an additional cost of prosecution have not kept pace with inflation over the past approximately $275,000 to the office. decade, as indicated by the table below. County Percentage 2013: Arapahoe County 8% 2003 2014: ACTUAL CUM INFL Adams County 9% County Court 48,516 61,424.68 57,000 Boulder County PERA District Court 63,600 80,522.09 70,200 Denver County 7.3% Senior DDA 85,272 107,960.38 90,000 Douglas County 8% Chief DDA 86,592 109,631.59 103,140 El Paso County 8% Jefferson County 8% Retirement Contributions Larimer County 5-8% The current employer match for the office’s 401K retirement Weld County 9% plan is 6%. The average retirement contribution for other front range county offices is as follows: We met with our insurance broker and insurance provider to discuss 2015 coverages and costs and anticipate a 10% or 55 $259,000 increase. This will be matched by an increase in Revenue employee contributions of $165,000. Sharing 2010 Montour DOC Total % share (including Revenue Collection Discovery) The District Attorney’s office generates revenues from two Arapahoe 390,730 - 131,180 521,910 64.01% major sources: Fees charged for the reproduction of Douglas 201,439 - 67,971 269,410 33.00% discoverable evidence in court cases and State reimbursements to the four counties for criminal cases Elbert 875 - 5,075 5,951 2.37% occurring in the Department of Corrections in Limon. Lincoln 3,785 - 1,274 5,059 0.62% In the past four years (2010-2013), the Department of 2010 610,421 205,500 610,421 100% Corrections paid County governments approximately $1M, Total while the operating costs were borne within the operating budget. The Office also generated $2.4M in discovery and Revenue other shared revenues. Sharing 2011 Montour DOC Total % share (including All of these revenues are distributed back to the counties. Discovery) Arapahoe 398,737 23,645 - 422,382 64.01% Countywide Budget Comparison 2010-2013 Douglas 205,567 12,190 - 217,757 33.00% Discovery Montour DOC Total Revenue Elbert 14,763 875 - 15,639 2.37% Arapahoe 1,551,247 388,848 152,042 2,092,137 Lincoln 3,862 229 - 4,091 0.62% Douglas 799,040 199,200 78,729 1,076,969 2011 Total 622,929 36,940 659,869 100% Elbert 47,803 16,310 5,956 70,069 Lincoln 14,806 3,655 1,470 19,931 4 Year Total 2,412,895 608,014 238,198 3,259,107 56 Revenue Sharing 2012 Montour DOC Total % share (including Discovery) Arapahoe 359,598 88,618 11,816 460,033 63.61% Douglas 187,176 46,127 6,151 239,454 33.11% Elbert 15,150 3,734 498 19,382 2.68% Lincoln 3,392 836 111 4,339 0.60% 2012 565,317 139,315 18,576 723,208 100% Total Revenue Sharing 2013 Montour DOC Total % share (including Discovery) Arapahoe 402,181 276,585 9,047 687,813 64.06% Douglas 204,858 140,883 4,608 350,349 32.63% Elbert 17,014 11,701 383 29,097 2.71% Lincoln 3,767 2,591 85 6,442 0.60% 2013 627,820 431,759 14,122 1,073,701 100% Total 57 CHAPTER 4 Communications & Community Outreach The 18th Judicial District Attorney’s office has a robust and proactive communications plan to keep the office accountable and the public informed of the case developments in the jurisdiction. SECTION 1 MISSION Communications & The 18th Judicial District Attorney’s Office believes in transparency and being accountable to the public. Elected Community Outreach Officials are expected to be transparent in our state. A District Attorney bears a higher burden of accountability to the public, because our decisions affect the physical liberty and future of defendants, the well being of our victims and public safety. OVERVIEW HIGHLIGHTS The office’s media and • Accountability and transparency are tenets of the communications strategy is 18th Judicial District Attorney’s Office’s designed to achieve an open communications effort. dialogue with the press and public. The communications • Some of the cases that come through the efforts involve regularly providing jurisdiction receives both local and national advisories and statements to news media attention. outlets about major developments and outcomes in our docket of • Being the largest judicial district in the state, cases. both internal and external communications are critical to keeping both staff and the public We are subject to legal and ethical informed. pre-trial publicity obligations which we strictly observe, but beyond those we are open and readily accessible to media outlets. One of the tenets of any office of representative government funded by taxpayer monies is that its functions and powers are limited, known, and their exercise is capable of scrutiny by 59 the public. The office must be reasonably accessible to the Media Relations public. Our office works with all the Denver Metro Area and Eastern Facts & Figures Plains media, including but not limited to: • Media relations are entirely • Major Denver TV stations: KCNC, KDVR, KMGH, KUSA, managed by the Entravision/Univision communications director. • Print publications: Associated Press, Reuters, Denver Post, • Over 120 local and national Westword, Aurora Sentinel, Englewood Herald, Lone Tree reporters are on our regular News, Parker Chronicle, Limon Leader, Eastern Colorado press list, and the list constantly News, Greenwood Villager, I-70 Scout, etc. grows. • Major news radio stations including 850 KOA, 710 KNUS • The media has expressed and Colorado Public Radio. interest in over 130 open cases We also work with the national and international media since January 2014. regarding cases of interest, including but not limited to: • Our office also works with the media to provide information CNN, Fox News, MSNBC, CBS News, Investigation on news stories that are topical, and not case oriented (e.g., • Discovery, UK Daily Mail vehicular homicides, cold cases, animal cruelty, etc.). Community Outreach • Acknowledging the deadlines that reporters face on a daily basis, we aim to respond back as quickly as possible. Throughout the year, our office participates in numerous outreach activities that help inform the public of the functions • To keep the press informed, we send regular news releases of our office, as well as show support for our community. and a weekly case tracker. 60 District Attorney’s Citizens Academy Aurora Youth 4 Success This free, five-week In partnership with the academy for citizens of the Aurora Police 18th Judicial District takes Department, prosecutors place twice a year. Each from our office class explores the District participated in Attorney Office’s role in discussing the topics of different parts of the law enforcement and criminal justice system. The justice with local Academy gives members of our community an in-depth look students from Aurora Public Schools. Co-founders State at what happens on a case between the time of arrest and Senator Nancy Todd and her husband Terry Todd organized post-conviction. nearly 100 students to participate in this activity. Jeremy Bitner Memorial 5K Not One More Child Our office participates in Led by the vision of numerous races to support Arapahoe County causes throughout the Commissioner Nancy community. One of the races Sharpe, our office was the 2014 Jeremy Bitner participates in the Fallen Officer Fund 5K/10K effort to prevent child Run in June. Our abuse and neglect. prosecutors wanted to show Our prosecutors lend their expertise on how the these crimes support for families affected by the loss of an officer in the are handled in the judicial process. line-of-duty. 61