An Aurora police sergeant acquitted of a crime two years ago could learn today whether Arapahoe County’s district attorney must stop sending letters to defense attorneys suggesting the officer has a questionable past.
But the district attorney said Thursday that no matter the judge’s ruling, she no longer will file cases in which Sgt. Brian Saupe is a witness.
In roughly 20 letters sent to defense attorneys, Carol Chambers says that Saupe’s police personnel file “may be of benefit” to defense teams seeking to impugn the sergeant’s credibility on the witness stand.
The file, which is sealed, includes at least two written reprimands and at least four investigations into incidents dating to 1998. Three of the incidents were unfounded, Aurora’s city attorney testified Thursday.
Saupe’s attorney suggested during a three-hour hearing in Arapahoe County District Court that the defense-attorney letters are retribution from Chambers, who unsuccessfully tried to prosecute the 11-year Aurora police veteran before Chambers’ election as district attorney last year.
In the case – stemming from a 2002 incident – Saupe was acquitted of filing false information and witness tampering.
Some letters sent by Chambers referred to that case, saying Saupe was acquitted of one felony and two misdemeanor counts. References to that case have since been removed.
Saupe, in turn, asked a judge to stop Chambers from writing more critical letters.
This spring, Chambers told Aurora police, the mayor and the City Council that her office would not prosecute cases where Saupe could be called as a witness.
And in testimony Thursday to Judge J. Mark Hannen, Chambers again questioned Saupe’s credibility, saying the sergeant “pushes the envelope, breaks rules, is not necessarily truthful, he disregards the constitutional rights of citizens and … lacks integrity, in my opinion.”
In an interview later, Chambers said, “No matter what happens (regarding the letters), I’m not prosecuting cases involving” Saupe.
Saupe’s attorney argued that Chambers’ decision threatens the sergeant’s employment at the department. Saupe has been put on lighter duty but continues to receive subpoenas to testify in other courts.
So far, Chambers’ decision to throw out Saupe-related cases in Arapahoe County has eliminated only one incident, which involved a man allegedly smashing out the sergeant’s vehicle window this year.
Staff writer Robert Sanchez can be reached at 303-820-1282 or rsanchez@denverpost.com.