A federal judge Wednesday said he was “somewhat troubled” by the way University of Colorado lawyers handled requests for investigative documents from two women suing the school.
U.S. Magistrate Judge Craig Shaffer also had critical words for the lawyers representing the women, saying they should have brought the matter to the court’s attention months ago.
The issue arose as the women, who say they were sexually assaulted by CU football players or recruits, asked the judge to sanction the school for failing to produce documents they say detail four other alleged instances of sexual harassment or assault by athletes, trainers or coaches.
The women, whose lawsuit against the university was dismissed last month, contend the information would have bolstered their case.
Attorney Baine Kerr said the incidents happened before the December 2001 alleged sexual assault of his client, Lisa Simpson, at a party attended by football players and recruits.
CU counsel David Temple said he was caught between a grand-jury investigation being pursued by the Colorado attorney general’s office and the discovery demands of Simpson and another woman who has asked that she not be named.
Lawyers for the women are asking the judge to reduce costs to be determined in the case. On Tuesday, CU filed documents saying its expenses were $124,692.
Staff writer Alicia Caldwell can be reached at 303-820-1930 or acaldwell@denverpost.com.
