Colorado district attorneys worry that over 1,000 criminal convictions may have relied on dubious evidence due to “anomalies” discovered in DNA testing by a former Colorado Bureau of Investigation forensic scientist.
The Joint Budget Committee last week approved a $7.5 million addition to this year’s state budget to deal with the immediate fallout. And the taxpayer costs are likely to grow, budget documents show.
“That’s extremely concerning, and clearly quite a liability for the state,” said Rep. Emily Sirota, D-Denver, a JBC member.
Department officials told the JBC the money would only cover the cost of re-testing DNA samples and reviewing convictions that relied on the evidence that’s now in question. Nearly all of the incarcerated people affected are expected to seek post-conviction relief, and an untold number could go back to trial.
The CBI in November announced an investigation into the scientist’s work over her 29-year career, setting off a scramble in district attorney’s offices across the state to review the affected cases for problems.
“The Colorado Bureau of Investigation (CBI) is currently undergoing comprehensive internal and external investigations in collaboration with law enforcement partners and an external third party,” Susan Medina, the CBI’s chief of staff, told The Colorado Sun in a written statement. “Whether additional funds (or fewer funds) will be needed will likely depend on the outcome of the pending investigations.”
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MORE: The state is retesting around 3,000 DNA samples at a cost of $1,000 each, for a $3 million total hit to the general fund. That’s almost as many tests as the 3,600 the state typically conducts in an entire year.
The remaining $4.5 million would cover the costs for district attorneys to review the affected convictions and re-prosecute them as necessary. In a letter to the CBI, the Colorado District Attorneys’ Council “conservatively estimates” that local prosecutors would need to rework at least 1,200 cases statewide.
So far, the CBI has reviewed around 300 of the 3,000 tests handled by the scientist. Over 75% were impacted by the employee’s alleged conduct. At that rate, the department expects 2,300 pieces of evidence to be affected; more than one sample may have come from the same legal case.
CBI officials insist the problems were limited to a single employee, and “not a systematic issue” within the CBI’s laboratory.
“I’m shocked that one person can cause this much expense to the state,” said state Sen. Jeff Bridges, a Greenwood Village Democrat who sits on the JBC.
An internal affairs investigation, conducted by the Kansas Bureau of Investigation, is expected to be completed in the coming weeks. Rep. Rick Taggart, a Grand Junction Republican who sits on the JBC, said he has heard from district attorneys who are already preparing for litigation.
“These are some of the most difficult cases that we face — very severe crimes,” Taggart said. “They’re quite honestly just really concerned.”
WHAT TO WATCH THIS WEEK
MORE: Republican state Rep. Gabe Evans’ campaign in the 8th Congressional District says it raised $170,000 in the last three months of 2023. The campaign didn’t disclose how much cash it had on hand to start 2024.
THE BIG STORY
What happened beyond Lauren Boebert at the CD4 Republican primary debate
FORT LUPTON — Lauren Boebert stole the show at the Republican primary debate last week for 4th Congressional District candidates. But the congresswoman’s opponents also staked out a number of notable policy decisions and made some eyebrow-raising remarks.
The highlights:
MORE: Sonnenberg was the one Boebert challenger who made a point of not overtly attacking the congresswoman during the debate.
When given the chance to ask an opponent a question, he took the high road — and made note of it.
“I’m not going to ask a gotcha question to any of these good people up here,” he said. “They’re all good candidates and I want you to select your candidate based on what you think they can do for you and how they will represent you in D.C.”
Some analysis: This seemed to be a strategic choice by Sonneberg aimed at helping him stand out. We’ll see if it continues as the campaign goes on.
STORY: Lauren Boebert’s ex-husband formally charged after 2 domestic incidents
2024 ELECTION
Jena Griswold wants the U.S. Supreme Court to hear from her office. The group suing to block Trump from the ballot doesn’t want that to happen.
Colorado Secretary of State Jena Griswold is asking the U.S. Supreme Court to let her address the panel for 15 minutes next week when it hears oral arguments in the lawsuit seeking to disqualify Donald Trump from running for reelection this year.
Griswold wouldn’t be speaking personally, however. She would be represented by the state’s solicitor general, Shannon Stevenson, who the Colorado Secretary of State’s Office says was selected for the role by the Colorado Attorney General’s Office.
Griswold, while an attorney, is not a member of the Supreme Court Bar and thus isn’t authorized to speak before the court.
Trump’s campaign, along with the Colorado GOP, aren’t opposed to the request. But the unaffiliated and Republican voters from Colorado who brought the lawsuit are.
Attorneys for the petitioners didn’t respond to Colorado Sun requests for comment Monday about why they want to block Griswold from speaking through a proxy.
Griswold, who is an attorney, said she only wants the Supreme Court to hear from her office about Colorado election law. State lawyers wrote in a motion filed last week that she would use the time “to convey Colorado’s interests and provide information.”
“Participation at oral argument would materially assist the court in its consideration of this case,” the motion said.
One reason the plaintiff’s may be opposed to Griswold speaking, even through a proxy, is that she, in media interviews, has been an outspoken supporter of the effort to keep Trump off the ballot. “The idea that any official who would engage in insurrection would be barred from taking office except the presidency is incredibly surprising. That basically means that the presidency is a get-out-of-jail free card for insurrection,” she said on MSNBC last year.
She is also perceived as highly partisan, in part because she’s chair of the Democratic Association of Secretaries of State, which works to elect Democrats across the country.
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THE POLITICAL TICKER
CAMPAIGN FINANCE COMPLAINT: A conservative political nonprofit last week filed a campaign finance complaint against Boldly Forward Colorado, a nonprofit tied to Democratic Gov. Jared Polis, arguing the group should disclose its donors. The Public Trust Institute claims that Boldly Forward should register as an issue committee and report its donors under a 2022 law because it spent nearly $382,000 to support a group that backed the passage of Proposition HH on the November ballot. The complaint argues that the donations were 30% or more of Boldly Forward’s total spending in the year the donations were made and the previous calendar year, a violation of the 2022 law. Originally formed in 2018 to help with the governor’s transition, Boldly Forward has donated to issue campaigns since.
ELECTION 2024: State Rep. Bob Marshall, D-Highlands Ranch, filed late last week to run for reelection. His 2022 victory in heavily Republican Douglas County was considered a significant upset. He’ll likely face Douglas County County Commissioner Lora Thomas, a Republican, in November.
ELECTION 2024: The Secretary of State’s Office has approved more requests from congressional candidates to gather petition signatures to make the June 25 primary ballot. Most notably, U.S. Rep. Lauren Boebert, R-Garfield County, is gathering signatures for her run in the 4th Congressional District. She has two petition firms authorized to work for her. Conservative talk radio host Deborah Flora and four other Republican candidates are also gathering signatures to make the Republican primary ballot in the 4th District. Republicans Jeff Hurd, of Grand Junction, Russ Andrews, of Carbondale, and Stephen Varela, of Pueblo, have filed to gather signatures to make the primary ballot in the 3rd Congressional District. Scott James, a Weld County commissioner, and health care consultant Joseph Andujo are gathering signatures to make the GOP primary ballot in the 8th Congressional District. It’s still possible some of the candidates will ultimately choose to go through the caucus and assembly process only.
ELECTIONS: The Colorado Forward Party, a state branch of the political party formed by former presidential and New York mayoral candidate Andrew Yang, has qualified as a minor party in Colorado. The status means the party can nominate candidates to be on the ballot.
FOREIGN INFLUENCE: Companies with some level of foreign ownership donated nearly $44.7 million to Colorado issue committees and state-level super PACs between the 2018 and 2022 election cycles, according to OpenSecrets, a national nonpartisan research organization. Colorado was second in total political donations from companies with foreign ownership stakes among the six states studied by OpenSecrets, which examined donations from companies with over 5% aggregate foreign ownership or more than 1% individual foreign ownership. A bill that would have prohibited corporations with foreign ownership stakes from donating to state-level super PACs died in the Colorado Senate in 2021.
COLORADO POLITICS: Wayne Williams says he won’t join GOP primary in Colorado’s 5th CD, throws support behind Jeff Crank
THE DENVER POST: Colorado lawmakers lead push on artificial intelligence, warn of “disastrous” consequences if tech is left alone
9NEWS: Colorado bill would make it easier for trans people convicted of a felony to change their name
THE PUEBLO CHIEFTAIN: Heather Graham “eager” to get started as Pueblo mayor. Here’s what to know about the transition.
CHART OF THE WEEK
As the 2024 election season begins in earnest, these were the top 10 candidates running for the Colorado House and Senate in terms of the campaign cash they had to start the new year:
The Jan. 16 campaign finance deadline for state legislative candidates was the final one before the June 25 primary ballot is set in late April. The next filing date is May 6.
Click here for our list of candidates who have filed to run for state House and Senate thus far. And #FollowtheMoneyCO has full campaign finance data for legislative candidates and committees from the state’s TRACER system.
THE DENVER POST: Money begins to pour into Colorado Democratic primaries, with legislators cutting checks
THE BIGGER PICTURE
Corrections & Clarifications
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