A judge’s order forcing prosecutors to reveal the home addresses of law enforcement witnesses in a death penalty case not only jeopardizes those officers and their families but potentially all law enforcement officers because of the precedent it sets, prosecutors have argued to the Colorado Supreme Court.
Arapahoe County prosecutors have asked the Supreme Court to reverse District Judge Stanley Brinkley’s order that they disclose the residential addresses of the law enforcement officers who may testify in the sentencing phase of the death penalty case against Alejandro Perez, 29.
Perez is accused of first-degree murder in the slaying of Jeffrey Heird at the Limon Correctional Facility on March 28, 2004.
In his order, Brinkley said that under Colorado law, prosecutors must divulge addresses of witnesses, which “implies a residential address.”
Giving the home addresses out, said Brinkley, allows defense lawyers to “investigat(e) a witness within his community to ascertain the witness’ character, habits and standing . . . for purposes of confrontation, cross-examination and possible impeachment.”
David Lane, a lawyer for Perez, said Brinkley is simply following the law. Prosecutors can remedy the situation by seeking a protective order, which is routinely granted by judges throughout Colorado, he said.
Under a protective order, the defense lawyers are given the addresses with the specific instructions not to share that information with their clients, said Lane.
“We need access to these guys, believe it or not,” Lane said of the law enforcement officers.
But Paul Wolff, a Colorado appellate prosecutor, told the justices in a motion filed Monday that Brinkley’s order is unheard of in Colorado.
Normally, as they did here, the prosecution provides the business addresses of officers.
By forcing prosecutors to reveal the home addresses, Brinkley’s order poses a safety risk to the officers and their families, said Wolff.
“Peace officers provide an invaluable service to the community. They place their safety at risk every day as part of their duties and responsibilities with which they are entrusted. These public servants and their families should be protected from, not subjected to, additional risk in their personal lives,” said Wolff in his motion.
Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com
