Glenwood Springs – A court case that ostensibly is about a dead dog turned into political fisticuffs over prosecutorial ethics and attorney “hit lists” Monday.
Former 9th Judicial District prosecutor Jeff Cheney has asked that a special prosecutor be appointed in a case he is hand ling for a New Castle man charged with shooting a dog.
Cheney attempted to show that embattled District Attorney Colleen Truden and Assistant District Attorney Vince Felleter have vowed to punish attorneys who have criticized the office and that they will not give clients of those attorneys fair treatment.
Two other former deputies who have made the same allegations testified Monday about what they said they perceived as paranoid political machinations within the office. One, Katie Steers, has filed a complaint of ethics violations against Truden and Felleter. The other attorney, Tony Hershey, has filed a civil suit against Truden’s office.
Truden faces a Dec. 13 recall election for allegedly mismanaging her office and engaging in unethical behavior – allegations she denies.
“This case presents the most unique set of circumstances that I think are possible,” Cheney said as he attempted to convince District Judge Daniel Petrie that his client, Ken Newton, cannot get a fair trial.
Petrie warned the attorneys in the case that he did not want the hearing to turn into “stump speeches” and “personal attacks.”
But the hearing did turn testy and nasty. Felleter and Deputy District Attorney Scott Turner aggressively questioned their former deputies.
Truden was not in the courtroom.
Steers testified that Felleter and Truden made it known that attorneys who were “enemies” of the office should be “punished.”
She said the enemies, as defined by her former bosses, included former Assistant District Attorney Lawson Wills; defense lawyer Ted Hess, who has spoken out against Truden and hung a banner from his office calling for her recall; and most of the seven attorneys who resigned after Truden took office in January.
Steers said Cheney was specifically named “an enemy” of the office.
Neither Steers nor Hershey presented evidence of case outcomes they believe were affected by the alleged office policy.
Because the case could lead to requests for special prosecutors from other defense attorneys, Petrie said he would not rule Monday but would take time to give it “careful consideration.”
Meanwhile, in Denver on Monday, lawyers for Truden asked that Hershey’s lawsuit be moved from state court to U.S. District Court.
Truden said in her petition for removal that she believes the case involves constitutional issues more properly heard in federal court.
Staff writer Alicia Caldwell contributed to this report.
Staff writer Nancy Lofholm can be reached at 970-256-1957 or nlofholm@denverpost.com.
