Aurora – District Attorney Carol Chambers may continue sending letters to defense attorneys suggesting that an Aurora police sergeant has a “questionable past,” a judge ruled Wednesday.
Chambers believes Sgt. Brian Saupe “lacks integrity” and is dishonest, based on information in his personnel file. She prosecuted him two years ago, alleging he tampered with a witness.
Saupe was acquitted in that case and sued Chambers to try to keep her from sending letters to attorneys involved in cases in which he was a witness. Judge J. Mark Hannen said Chambers didn’t violate any court orders by sending the letters and isn’t required to prosecute cases in which Saupe is a witness.
“Because she has concluded officer Saupe is not truthful, Ms. Chambers has acted in her discretion to not call cases in which officer Saupe is a witness,” Hannen said.
Saupe’s attorney, Doug Jewell, said he would read the ruling before deciding whether to appeal. “It’s fair to say that we are disappointed and we’ll be taking a close look at it.”
Chambers’ vow to never allow Saupe to testify limits the sergeant’s powers as a police officer, said City Attorney Charlie Richardson. He said he will discuss Saupe’s future with interim Police Chief Terry Jones.
“It’s a very novel issue of whether a district attorney can essentially cause a police agency to fire a police officer,” Richardson said. “Do you find assignments that minimize the probability of him being a witness in the 18th Judicial District? Or is he completely disqualified from being a police officer?”
Saupe is head of the department’s Drug Abuse Resistance Education program.
The matter is the latest in recent struggles between the 18th Judicial District Attorney’s Office and the Aurora Police Department – the most visible of which was the delay in prosecuting convicted child rapist Brent J. Brents. Brents wasn’t arrested in a timely manner because of miscommunication between the two agencies, and authorities say he went on to rape and attack women and children throughout Aurora and Denver.
In Saupe’s 2002 case, the Aurora officer was accused of filing false information and tampering with witnesses. Chambers prosecuted the case before she was district attorney.
Richardson said he has no problem using Saupe as a witness in municipal court. And Don Quick, district attorney for the 17th Judicial District that also handles Aurora cases, said he doesn’t have a blanket order on how to deal with cases involving Saupe.
Staff writer Jeremy Meyer may be reached at 303-820-1175 or jpmeyer@denverpost.com.
