State Sen. Brandon Shaffer knows there’s a cloud hanging over his bill to give juvenile defendants the ability to challenge when they’re charged as adults in criminal cases.
He knows that, even if he can maneuver it through the legislature, lightning could still strike from the governor’s pen. And that is why Shaffer, a Longmont Democrat, made a change to the bill to tone it down in the hopes of finding something Gov. Bill Ritter, a fellow Democrat and the former Denver district attorney, would not veto.
It is a bit of delicate political footwork that several lawmakers, mostly Democrats, are doing at the Capitol these days, all too aware that Ritter has held onto his prosecutor’s values even when it comes to dealing with proposals from his own party.
“I think his outlook is influenced by his experience. That’s to be expected,” said Shaffer, who said Ritter told him he did not support the bill, House Bill 1208, before the change.
The sponsors of two other high-profile bills that have met opposition from district attorneys have made changes to their bills to make them viable on the governor’s desk.
One, Senate Bill 66, would have lessened the penalties for juveniles who are charged with felony murder but who did not pull the trigger. But after talking with Ritter and the district attorneys, sponsor Sen. Suzanne Williams, D-Aurora, changed the bill to apply only to juveniles in such cases who plead to a lesser crime.
“We got to a good compromise,” Williams said. “I don’t think I gave up a lot.”
For Senate Bill 205, which would would grant new trials to criminal defendants in cases where DNA evidence was thrown out despite a court order, Senate Majority Leader Ken Gordon said he is working with Ritter to avoid a veto. The bill has gained attention because it could give a new trial to Clarence Moses-El, who says he was wrongly convicted of rape. But district attorneys have fought hard against the bill.
“I think the governor’s objections are based on his principles,” said Gordon, D-Denver. “But I think they’re not the only principles that can be looked at on this bill.”
Ted Tow, director of the Colorado District Attorney’s Council, which lobbies on behalf of the state’s district attorneys, said Ritter and the council don’t always agree on bills.
But Ritter’s concerns often coincide with the council’s concerns. Last year, one of the eight bills Ritter vetoed was a bill that would have expanded defendants’ ability to seal criminal justice records, which the council opposed.
Ritter’s spokesman, Evan Dreyer, said Ritter has yet to take a public position on any of the controversial criminal justice bills this year.
“If and when they reach his desk,” Dreyer said, “they’ll get additional scrutiny before he makes his final decision.”
John Ingold: 303-954-1068 or jingold@denverpost.com
