The Unaffiliated | DNA testing mistake may affect more than 1,000 criminal cases, cost Colorado millions of dollars

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A Colorado Bureau of investigation truck sits down the street from a home on Nov. 14, 2014, in Evans. (AP Photo/The Greeley Tribune, Joshua Polson)

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.”

  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.”

The Joint Budget Committee will meet every day again this week to consider supplemental requests for the current fiscal year and continue its work on the 2024-25 budget, which takes effect July 1. The Executive Committee of Colorado Legislative Council meets at 4 p.m. Tuesday at the Colorado Capitol. Wednesday is the deadline for federal candidates and committees to file year-end campaign finance reports with the Federal Election Commission.

  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.

What happened beyond Lauren Boebert at the CD4 Republican primary debate

Former Colorado state Sen. Jerry Sonnenberg talks to well-wishers Thursday before the first Republican primary debate for the 4th Congressional District in Fort Lupton. (AP Photo/David Zalubowski)

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:

Former state Sen. Ted Harvey suggested he would shut down the federal government to force Congress to stop unlawful crossings at the U.S.-Mexico border. “If I were in Congress, I’d be doing everything I could to shut down Congress until we got this issue dealt with,” he said. The candidates were asked what should be done with the millions of people living in the U.S. illegally. State Rep. Richard Holtorf, R-Akron, said they should be given a path to citizenship, with the exception of “fighting-age Middle Eastern males,” who he said “need to be immediately deported back to the Middle East, to those terrorist countries, full stop.” Boebert said people living in the U.S. illegally “need to leave.” State Rep. Mike Lynch, R-Wellington, said the same. Harvey said everyone who has crossed the border unlawfully in the past two years should be deported. Harvey said he would support a federal abortion ban if elected. “If Donald Trump was able to get together people and get a compromise bill to outlaw abortion at 10 weeks, at 15 weeks, I would sponsor that bill tomorrow,” he said. Boebert, Sonnenberg and conservative talk radio host Deborah Flora said they, too, would support a federal ban. Holtorf said abortion is a states-rights issue, as did Lynch. “I learned how to build relationships, to work across the aisle to solve problems and help my district,” Sonnenberg said in his closing remarks, a departure from the red meat Republican tone of the night.

  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

Jena Griswold wants to speak to the U.S. Supreme Court. The group suing to block Trump from the ballot doesn’t want her to.

Colorado Secretary of State Jena Griswold, a Democrat, makes remarks during a debate Oct. 11, 2022, at the University of Denver. (Olivia Sun, The Colorado Sun via Report for America)

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.

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.

Griswold, who is an attorney, , said she only wants to talk to the Supreme Court 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 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 percieved 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.

Analysis: If Griswold’s request is granted and she speaks before the court, it would certainly serve to boost her profile. The Trump ballot access case out of Colorado is one of the biggest to ever go before the U.S. Supreme Court.

Want to reach Colorado political influencers and support quality local journalism? The Sun can help get your message attention through a sponsorship of The Unaffiliated, the must-read politics and policy newsletter in Colorado. Contact Sylvia Harmon at [email protected] for more information.

  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.

Lists of the top 10 candidates in the state House and Senate based on campaign cash at the end of 2023. Click on the graphic for a larger version. (Sandra Fish, Special to The Colorado Sun)

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:

State Rep. Judy Amabile, D-Boulder, topped the list with nearly $139,000 in campaign cash at the end of the year in her run for the Senate District 18 seat currently held by term-limited Senate President Steve Fenberg, D-Boulder. Democratic education consultant Jovita Schiffer has also filed to run for the seat, but had only about $5,100 in campaign dollars to start 2024. Two Democratic women vying for House District 30 in Lakewood were among the top 10 House candidates in terms of campaign cash. Lakewood City Councilwoman Rebekah Stewart was third on the list, with $58,000, while Kyra deGruy Kennedy was seventh at nearly $49,000. A third Democrat, teacher Rhiannon Wenning, had $27,000 in cash at the end of the year. The three are vying to succeed term-limited Democratic Rep. Chris deGruy Kennedy’s seat. Kyra deGruy Kennedy is married to Chris deGruy Kennedy. Fort Collins activist Ethnie Treick had nearly $54,000 in campaign cash at the end of last year, placing her fourth among House candidates, in her bid to represent House District 52 against fellow Democrat Yara Zokaie, deputy Larimer County assessor, who had $29,000. Rep. Cathy Kipp, D-Fort Collins, who currently represents the district, is running for state Senate and had $45,000 for her thus-far unopposed bid. That placed Kipp ninth among Senate candidates in terms of campaign cash. In Senate District 28, where Democratic Sen. Rhonda Fields of Aurora is term-limited, state Rep. Mike Weissman, another Aurora Democrat, had $49,000 in the bank, while Democratic attorney Idris Keith had $35,000. Weissman was No. 7 on the campaign cash list for Senate candidates. Only three Republicans made the two top 10 lists, and all are running for Senate seats. Sen. Barbara Kirkmeyer, of Brighton, had $68,000 in cash to end the year, placing her fourth on the Senate candidate campaign cash list. She is thus far running for reelection unopposed. Scott Bright, a Platteville education consultant running to represent Senate District 13 had $58,000 in campaign cash, placing him sixth on the list, compared with the roughly $6,000 held by Brighton City Councilman Matt Johnston, a Democrat running for the seat. The Republican-leaning district is currently represented by term-limited Sen. Kevin Priola, D-Henderson. Sen. Larry Liston, of Colorado Springs, was eighth on the list, after having $46,000 in his campaign’s account at the end of 2023. His two Republican challengers won’t have to report their campaign’s fundraising and spending numbers until early May.

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

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