Face The State Staff Report
Trials for protesters arrested in Denver during August's Democratic National Convention began last month and according to defense counsel, are likely to cost taxpayers hundreds of thousands of dollars. The exact tally, however, remains elusive as city officials decline to provide their own estimates.
FTS File Photo
The city's courts are expected to hear nearly 50 cases for arrests made Aug. 25, the first official night of the DNC. Denver Police detained approximately 300 protesters at the corner of 15th and Court that day. Around 100 of those arrested were charged with obstructing a public passageway, a misdemeanor criminal offense. Half pleaded guilty, opting for plea deals, while the remaining half went to trial.
Inquiries made by Face The State into just how much it will cost Denver to hear the cases have come up fruitless. Brian Vicente, director of the People’s Law Project, the group responsible for the legal defense of those arrested, made a formal request Monday (PDF) to Denver Mayor John Hickenlooper seeking information on costs associated with the arrest and prosecution of protesters. The PLP is a non-profit coalition that recruited more than 40 lawyers to provide pro-bono and low-pay representation to the accused.
In an attempt to tabulate the costs, a Face The State staff writer first contacted the Denver Court Administrator's office, where representatives said they were not responsible for maintaining the financial data of the courts and directed FTS to the criminal division clerk for further information. A staffer there directed FTS back to the court administrator's office.
And once back at that office, FTS was eventually referred to the city auditor. Inquiries to the city auditor's office were not returned.
Vicente made a request for the information under the Colorado Open Records Act. He says hopes the request will yield information, demonstrating how many hours and dollars the Denver Police Department and City Attorney’s office have collectively spent in prosecuting the individuals arrested.
Of the trials concluded thus far, the results have yielded few positive outcomes for prosecutors. Out of the approximately 50 cases being heard, 10 have already been dismissed, six have resulted in acquittals, there was one hung jury and only one conviction. Vicente questioned why, after the government's losing streak, it would continue to push so hard for more trials of such a low-level offense.
“If the Denver Nuggets opened their season with 1-17 record, people would raise questions about what changes needed to be made,” Vicente said.
Vince DeCroce, director of prosecution for the city attorney's office, says it is hard to quantify what the city will spend on an average DNC protest trial and added that such trials shouldn’t warrant extra attention. He pointed to the fact that city often sees event-related spikes in its caseload, such as when arrests have been made at anti-war protests and on Columbus Day, at DUI checkpoints on holiday weekends, or when the city conducts periodic outstanding warrant sweeps.
Vicente estimates that defense lawyers would normally spend around $5,000 per trial to defend an client in a misdemeanor case similar to the DNC trials. Sandy Mullins, executive director of the Colorado Criminal Defense Bar, said that this number is a “reasonable estimate for what a criminal defense attorney would ask for in fees.”
If that number were applied to the prosecution, then the city would pay about $250,000 to prosecute the DNC protesters. But that total doesn’t take into account the additional tab for judges, clerks, bailiffs, courtroom security, juries, and third parties contracted to work on cases.
Vicente said too many police officers have wasted time and money preparing and testifying in the cases, when their time would be better spent “fighting real crimes.”
Vicente's request for information comes on the heels of the American Civil Liberties Union's request for a formal investigation into claims that undercover police officers may have instigated the Aug. 25 confrontation.
“The real loser in all this is the Colorado taxpayer,” Vicente said.