Aurora – As the deadline looms for a negotiated settlement for the victims of Brent J. Brents, the city of Aurora says it has money for the women who were attacked and the district attorney’s office says it doesn’t.
Without a settlement, lawsuits are expected to be filed within a week.
The City Council is likely to discuss the matter in an executive session tonight, according to Mayor Ed Tauer.
“We hope we can reach a solution quickly. We’re cautiously optimistic. We obviously want to bring this to closure. That would be good for the city, and it would be good for the victims and their families,” Tauer said.
A deal is being worked out by the city of Aurora, which agrees its Police Department didn’t make a timely arrest of Brents and allowed him to remain free for months.
Brents attacked at least 14 women and children. Four of them have sent notice that they intend to sue the city and DA if a settlement isn’t reached. One victim has asked for $2.5 million.
But the 18th Judicial District attorney’s office says it has no money and wants to create a foundation that would compensate victims.
“If it were up to me, I would certainly give them money,” District Attorney Carol Chambers said this week. “But because there is no public funds doesn’t mean there aren’t funds. … But I’m optimistic that we will be able to do something positive.”
Plaintiffs’ attorneys are skeptical about a foundation and say they’ll begin filing lawsuits before the one- year anniversary of when Brents attacked their clients.
Aurora police had interviewed Brents in November 2004, when he admitted to molesting an 8-year-old boy. But an arrest warrant wasn’t signed until late January 2005 – allowing Brents to remain free and attack at least 10 more people.
The victims’ attorneys, who are working pro bono, say they’ve been stung by Chambers’ failure to negotiate a settlement, particularly in light of an e-mail she sent last spring that said victims “certainly deserve compensation for what happened. I have admitted our fault in this action and am happy to cooperate in any way I can.”
In an e-mail she sent to victims’ attorneys Jan. 13, Chambers asked for legal help in setting up a foundation, which would seek contributions from private sources.
“I would remind you that the problems with the Brents case did not occur on my watch, as I did not take office until Jan. 11,” she writes. “Along with the fact that it appears we do not have any legal liability, the only reason I would work at setting up a foundation is because, like you, doing pro bono work to assist those with a need is the socially responsible thing to do.”
The DA seems to have good legal standing for her argument, based on a U.S. Supreme Court ruling in June in a case against the Castle Rock Police Department’s failure to stop an estranged father from killing his three daughters.
The justices said in Gonzales vs. Castle Rock that public agencies couldn’t be held liable when they fail to prevent a crime.
“I think we in good faith can file a suit,” said Denver lawyer Sean Gallagher, who represents a woman who was attacked and raped by Brents in her Denver pet store.
Litigation could force Chambers, an elected official, into what would arguably be a political nightmare, with her agency fighting victims of Brents’ attacks over an issue few dispute – that the police and DA made mistakes that allowed Brents to remain free.
Staff writer Jeremy Meyer can be reached at 303-820-1175 or jpmeyer@denverpost.com.
