IN THE NEWS
PROSECUTORIAL MISCONDUCT & ACCOUNTABILITY
COLORADO CASES
Weld County, Tom Fallis: The Tom Fallis case and resulting exoneration highlight the way prosecutorial misconduct can be easily committed in secret grand jury proceedings. Hoping the AG follows their ethical obligations in the grand jury ingestion into Elijah McClain’s murder. (Recently republished 5280 features article, October 2017.)
Denver County, Micah Kimball: In 2020 Mr. Kimball was acquitted of 1st Degree Murder following Denver Chief Deputy DA and Denver homicide detectives concealing their crime scene and blood stain analyst's expert's opinion that the deceased died from a self-inflicted gunshot wound. (Denver Post news article, Aug. 6, 2020.)
El Paso County, Gary Warmker: Sexual abuse conviction overturned due to Deputy DA's highly improper statements made during trial. It does not appear that this DA suffered any sanction, and in fact was later hired by the Boulder County DA's Office. (The Gazette news article, Aug. 12, 2020)
Adams County, Yolanda Vialpando: Auto theft conviction overturned after a Deputy DA made improper and highly prejudicial statements during trial. The DA was recently hired by US Attorneys Office and is now an Assistant US Attorney. (CO Court of Appeals opinion.)
Denver County, Clarence Moses-El: In 2016 Mr. Moses-El was fully exonerated at his second trial after spending twenty years in prison for a wrongful conviction. It was revealed that the Denver Police Department destroyed DNA evidence and manufactured other evidence, and that the Denver DA's office unfairly prosecuted him. The Denver Chief Deputy DA has been promoted and provided an award for her work at the DA's office, and the Denver police officers have not suffered any sanctions. (More information found here on the National Registry of Exoneration.)
Arapahoe County, David Bueno: Death penalty conviction reversed upon discovering Chief Deputy DA concealed evidence of innocence possessed at the beginning of the death penalty prosecution. All involved DA's have either been elevated or have not been sanctioned for their misconduct. (CO Court of Appeals opinion.)
Boulder County, Coleman Stewart: Exonerated after wrongful conviction overturned and dismissed due to 4 police officers making false statements framing Mr. Stewart and a Chief Deputy DA making improper statements during trial. None of the involved officers or DA's have been sanctioned for their misconduct. A civil suit is pending against the officers, however the law gives prosecutors have immunity. (More information found here on the National Registry of Exoneration.)
Jefferson County: DA in Oklahoma was fired for prosecutorial misconduct concealing evidence of innocent that caused a wrongful murder conviction. Colorado's Jefferson County DA's office hired and currently employs Stephanie Miller after the case was publicized. (ABA Journal news article, Apr. 13, 2012.)