The Denver Post sent a questionnaire to each of the candidates on Colorado’s primary ballot to give voters a little more insight into their platforms. Their answers (lightly edited for spelling and formatting) are below. For more coverage of the 2016 Primary election, check out .
Jump to a candidate:
Kenneth Boyd • Michael Carrigan • Beth McCann
Kenneth Boyd
Age: 37
City of residence: Denver
Length of residence: 16 years
Hometown: Aurora, Colorado
Profession: Senior Deputy District Attorney
Education: Juris Doctor, University of Denver, Sturm Colleg of Law
Family: Wife Erika and two boys Beckham and Cruz
Experience: Clerked for the Honorable John Daniel Dailey, Colorado Court of Appeals, Denver District Attorney Office, County Court, Juvenile Court, Drug Court, District Court, Family Violence Unit, Economic Crime Unit, and Statutory Grand Jury, Vice-Chair of the Board of Directors for the Aurora Public Schools Foundation, Leadership Denver Class of 2013
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Why are you running for office?
As a prosecutor in Denver for almost a decade, I have dedicated my career to making tough decisions that have positively impacted our community’s safety. I am running for district attorney because I feel that responsibility deeply. I know the work and the people of this city, and I have a real plan to take us all in a new direction. I am excited about the opportunity to apply my experience, talent, and energy to assure that Denver remains a national leader in the criminal justice system.
What is the biggest problem you see with your party?
One of the biggest challenges, both within my party and outside my party, is a general misunderstanding of the exact role prosecutors play within the criminal justice system. The traditional role of the DA is to prosecute violations of state law that occur within the City and County of Denver. Over the years, however, that role has changed to include prevention efforts, treatment options, and providing victims with services.
This is why I believe the time is now to change the metrics by which we gauge the success of a prosecutor. Measuring success through trial stats and conviction rates is outdated. Success in my office will focus on four key areas: a reduction in crime and recidivism; a reduction in calls for service by police; the sense of safety by our residents and visitors; and, finally, an increase in community engagement by our victims and witnesses, and our business, government, and nonprofit communities. Everyone has a role to play in keeping our city safe.
What three policy issues set you apart from your opponent?
I am the only candidate committed to establishing a public fact finding review on cases involving the use of lethal force by law enforcement. No other candidate has committed to taking transparency to that level.
I am the only candidate committed to partnering with an independent agency or university to collect data and analyze that data to identify any potential negative patterns that emerge in the use of our prosecutorial discretion.
I am the only democratic candidate with experience trying cases involving cutting edge technology and forensic science such as DNA. I understand how technology and forensic science have assisted us in solving crimes, exonerating the innocent, and bringing justice to victims. I am committed to expanding the use of technology and forensic science so we remain a national leader in this area.
What are the biggest areas of agreement between you and your opponent?
All candidates agree that the Denver DA’s Office is a nationwide leader in the use of technology and forensic science to solve crimes.
In addition, all candidates agree we must increase the engagement of the deputy district attorneys in the Denver communities that they serve. This is why I am committed to bringing back Bill Ritter’s community prosecution program that involved assigning prosecutors to specific Denver neighborhoods where they established relationships with community, government, and faith leaders.
What is your stance on the death penalty and when is it appropriate to seek the sentence?
Personally, if I were standing in a voting booth, I would vote to abolish the death penalty. However, as prosecutors, we swear an oath to enforce the laws that have been given to us by the legislature and the people, and I take that obligation very seriously. Further, the Victim’s Rights Amendment to the Colorado Constitution requires that prosecutors consult with victims or their families before decisions are made with respect to their cases.
The death penalty would be reserved for those rare and most heinous cases that truly shock the collective consciousness of the citizens of our city and would never be pursued without a thorough investigation and understanding of all of the aggravating and mitigating circumstances presented in the case.
How do you plan to handle officer involved shootings, including charging decisions, and how would that process differ from current practices?
I am the only candidate who is committed to establishing a public fact finding review in cases involving the use of lethal force by law enforcement officers. This has never been done before in Denver. This review, which is already utilized in other jurisdictions around the country, would involve the appointment of an ombudsman to represent the public and the decedentap family. At the fact finding review hearing, the prosecution and investigators will present the results of the investigation in a public forum and after that presentation, the ombudsman will have the opportunity to ask questions of the investigators to assure there are no unanswered questions and to provide some adversarial testing of the investigation. Upon completion of that hearing, I would make the ultimate charging decision in the case, and if I decline to file charges, I will issue a written decision and open the files for public review.
What would you do to address racial disparities in the criminal justice system?
Racial disparity exists in the criminal justice system. There are a number of complex factors that play a role in causing this disparity including socioeconomic causes of crime, decision-making by criminal justice officials at various points throughout the system, and disproportionate offending and victimization in certain categories of crime to name a few. The real question is not whether a disparity exists, but which of many factors are playing the most significant role in causing the disparity. The challenge for the next Denver District Attorney will be to help solve this complex issue.
I was the first and only candidate who has committed to partnering with an independent institute or university to identify patterns that emerge in our charging decisions and plea bargains. I am particularly focused on these two areas of decision making because this is where prosecutors wield the most power. This has never been done in the history of the Denver DA’s Office, and it is the critical first step that must be taken before we can put into place mitigation and accountability measures.
Finally, my deputies will be trained on implicit bias and inclusivity.
What changes would you make to the current office in your district? Would you implement or eliminate any specific units?
As stated above, I intend to change the metrics by which we gauge the success of the DA’s office.
In addition, the time is now to establish a treatment based mental health court in Denver, and with that will come the need to create a mental health unit within the DA’s office.
I will assign permanent deputies to our Juvenile Court Unit where they can take a more active role in training the other attorneys as they rotate through that unit. The permanent deputies would be identified by their passion for juvenile justice and their focus on engaging in the national dialogue concerning needed reforms in the juvenile justice system.
I would explore the idea of splitting the Family Violence Unit, which currently handles felony level cases involving domestic violence and crimes against children, into two separate units with one focused exclusively on domestic violence and the other focused exclusively on crimes against children.
How would you approach mental health in the criminal justice system?
We must improve our approach to handling those suffering from mental illness whose lives intersect with the criminal justice system. My first step will be the implementation of a treatment based mental health court in Denver where we can offer treatment options for those suffering from mental illness rather than just incarceration.
How would you approach or change how juvenile offenders are handled by your respective office?
First and foremost, I am committed to continuing the work of the juvenile diversion program that administered by the DA’s office. This program diverts juveniles out of the system and provides them with treatment and support as they work to get their lives back on the right path.
As stated above, I will assign permanent deputies to our Juvenile Court Unit where they can take a more active role in training the other attorneys as they rotate through that unit. The permanent deputies would be identified by their passion for juvenile justice and their focus on engaging in the national dialogue concerning needed reforms in the juvenile justice system.
Michael Carrigan
Age: 48
City of residence: Denver
Length of residence: Colorado native, in Denver 20 years
Hometown: Boulder
Profession: Attorney
Education: CU Law School
Family: Wife: Sarah, Children: Ellie and Daniel
Experience: Practicing attorney for 22 years: served six years as a prosecutor – trying over 100 cases, up to and including murder; also, practiced criminal defense – representing the guilty and the innocent; now, a nationally recognized senior partner in Denver law firm – specializing in complex civil litigation. Extensive public service: 12 years elected member of University of Colorado Board of Regents – including 2 years as Chair, supervising $3.5 billion budget of Colorado’s 3rd largest employer; currently Co-Chair of Denver’s Crime Prevention and Control Commission; Member of Board of Directors for LARASA, Easter Seals Colorado, and Colorado Red Cross.
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Why are you running for office?
Our criminal justice system needs to be modernized and improved, and we need new leadership to do it. As the only candidate who is not a part of the current system and the only one who has held the power of a prosecutor and responsibility of a defense attorney, I am uniquely qualified to bring about the reforms needed to have a criminal justice system that keeps us safe and makes us proud.
What is the biggest problem you see with your party?
An unwillingness to compromise and do what is best for our community (I blame the other party for that too!). When it comes to public safety, both parties have good ideas, and if they work, I want to use them. This bi-partisan understanding has served me well in my public service. As a Democrat, I was elected twice as Chair of the CU Board of Regents, which has a Republican majority. I was elected because I treat everyone with respect and value every good idea – I’ll do the same as DA.
What three policy issues set you apart from your opponent?
1. True Commitment to Criminal Justice Reform: As the only candidate who has worked on both sides of the courtroom, I have a unique perspective on how our criminal justice system needs to move towards the future and be modernized. We start with having a District Attorney who has not spent a career in government, but rather one who can bring out new approaches to juvenile justice, police accountability and community policing. One symbol of my commitment is my consistent pledge to never seek the death penalty. In contrast, my opponents say the oppose it, but have repeatedly said they will continue to use it until its repealed.
2. Approach to Mental Health, Substance Abuse and Homelessness: I am the only candidate to call for the Denver Police Department to adopt a LEAD program, which has been successfully implemented in other major cities. LEAD, which stands for Law Enforcement Assisted Diversion, provides training for officers to not arrest on low level offenses, and instead transport individuals to treatment facilities.
3. Bail Reform: I am the only candidate who has addressed the fact that, in some cases, we have the wrong people in jail. On average, we have 200 people in jail in Denver with bonds of $1,000 or less. Most of these individuals are low level offenders and keeping them behind bars perpetuates the cycle of unemployment, homelessness, and poverty—this costs Denver tax payers money that is better spent elsewhere, like treatment programs for mental health and substance abuse.
What are the biggest areas of agreement between you and your opponent?
We all agree that the primary job of the Denver District Attorney is public safety. The reforms that much of the public wants cannot happen if Denver’s homes, schools and businesses are not safe. Where we differ is how we achieve that long term safety. The programs tried in decades past and the current system has not given us the results we want and deserve—this is why we need someone who is not part of the current system as our next DA.
What is your stance on the death penalty and when is it appropriate to seek the sentence?
The death penalty is expensive, delays proceedings that hurt crime victims and our government should not be in the business of executing our own citizens. For these reasons, I am the only candidate who not only opposes the death penalty, but has pledged to never seek it as DA. My opponents say they are against it, but have repeatedly said they will still use it as long as itap on the books.
How do you plan to handle officer involved shootings, including charging decisions, and how would that process differ from current practices?
The public needs and deserves much more transparency when it comes to these decisions. When there is a shooting, the public deserves much more than the current process—a decision letter with no follow up. I intend to seek the opinions of neutral, third-party experts to provide input on use of force in police shoots. If I conclude that no charges are warranted, I will start with a detailed, written report explaining that decision. After the public and the press has had time to review that report, I will hold a public forum to discuss the decision and answer questions from the community.
I sincerely believe the best thing we can do for the vast majority of good police officers is to prosecute the bad ones. As the only candidate who has practiced criminal defense, I am not afraid to hold accountable officers who use excessive force, whether or not it involves a shooting.
What would you do to address racial disparities in the criminal justice system?
Nationally and locally, people of color are far more likely to be arrested, charged and convicted. Here in Colorado, the statistics are shocking: African Americans make up about 4% of our population, but 19% of our prison population.
I plan to address this problem in three ways: (1) work with the Denver Police Department and courts to track demographics “from stop to sentence” so that we can see where the impact is—arrests, plea bargaining, or sentencing. Once we know where the problems are, we can address them with (2) increased training for Deputy DAs on impact of race on our justice system, and (3) making a concerted effort to recruit a more diverse team of attorneys to work as prosecutors.
What changes would you make to the current office in your district? Would you implement or eliminate any specific units?
We need to refine the role of District Attorney here in Denver, which needs to be more proactive. I will start by making an effort to keep kids out of the system in the first place. To do this, I will follow the lead of former Adams County DA Don Quick, who partnered with schools and community organizations to create more after-school and weekend activities, which in turn helped reduce juvenile delinquency filings by half. We have to break the school to prison pipeline by offering more diversion programs for kids and young adults; they deserve a chance to succeed and we can’t give up on them.
In modern law practice, lawyers succeed when they specialize. For this reason, I will reorganize the District Attorneys’ office into more specialty units focused on things like: (1) gun offenders (80% of the gun crimes in Denver are committed by individuals who didn’t lawfully purchase the gun in the first place; (2) crimes against the elderly (a very complex area of the law that needs more attention); (3) crimes against immigrants (some criminals prey on those who might be afraid to report crimes—which endangers all of us), and (4) mental health cases (see below).
How would you approach mental health in the criminal justice system?
Mental health issues are a major driver in our criminal justice system and we have to stop trying to arrest our way out of the problem. I will recruit and retain prosecutors with mental health training and assign them to cases where mental and behavioral health issues are the driving factor. As a former prosecutor in Denver’s Drug Court, I know how well a treatment court can work. We need to focus on the disease, not the symptoms.
How would you approach or change how juvenile offenders are handled by your respective office?
My proposals for addressing juvenile justice has three specific approaches: (1) expanding partnership with DPS, community groups, non-profits and federal agencies to provide more activities to keep kids in school and out of trouble – following the proven model used in Adams County; (2) expanding juvenile diversion programs, which give kids a chance to participate in restorative justice and keep their records clean, and (3) recognizing modern brain science that many young people act impulsively well into their mid-20s. Because of this, I will create adult diversion programs for the first time for low-level offenders so they don’t have a criminal record following them their whole life.
Beth McCann
Age: 67
City of residence: Denver
Length of residence: 42 years
Hometown: Blacksburg, Virginia
Profession: attorney
Education: J.D. Georgetown University Law Center; B.A. Wittenberg University
Family: husband, Christopher Linsmayer; son, Chris Linsmayer; daughter, Lizzy Linsmayer
Experience: State Representative – HD8 – current; Deputy Attorney General in charge of Civil Litigation and Employment Section (30 attorneys and support staff); Manager of Safety for Denver; Director, Denver Safe City office; Director of Denver Excise and Licenses; Partner – Cooper & Kelley; Chief Deputy and Deputy Denver District Attorney; Law Clerk for U.S. District Judge Sherman Finesilver; member – Colorado Commission on Criminal and Juvenile Justice – several subcommittees; Chair – Tony Grampuses Youth Services Board; Chair of Safety Committee East High School; member – Colorado Supreme Court/Court of Appeals Nominating Commission; Coach – Con Law team – East High School; Board of Directors – Legal Aid Foundation; Bd. of Directors and Chair of Long Range Planning – Denver Botanic Gardens; chair – CLAW (Colorado Legislators for Animal Welfare) caucus;
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Why are you running for office?
The criminal justice system is not working as well as it should. Throughout my career, I have worked to improve the system, particularly the juvenile justice system, and to correct injustices I observed. I want to continue this work to make Denver a national leader in criminal justice reform. As a former chief deputy district attorney, Manager of Safety, and current legislator, I bring a unique set of skills that I will use to keep Denver safe and provide equal justice for all. I have prosecuted, supervised and written criminal law.
What is the biggest problem you see with your party?
I think the influence of money and special interests is the biggest problem in politics today. Far too much time and energy is spent raising money and worrying about special interests. The Citizens United decision that allowed corporations to put unlimited amounts of money into elections has undermined the independence of elected officials, our election system, and our democracy. This influence has found its way into local and statewide races, not just national political campaigns. The influx of “dark money” results in candidates spending more time fundraising and less time talking with members of the community.
What three policy issues set you apart from your opponent?
• Police accountability – I am the only candidate who has prosecuted, convicted, and sent to prison a Denver police officer who broke the law. The vast majority of officers do a great job keeping us safe and do not use excessive force. However, if an officer or sheriff’s deputy violates the law, I will hold him or her accountable so people have faith that the justice system works.
• Juvenile justice –Juvenile justice reform has been a cornerstone of my campaign and a continued focus of my career. Our next DA must do more to keep kids away from drugs, gangs, and violence and provide alternatives for them when they begin to get involved in the system. I am proud to have helped start Denver’s successful Safe City office which provided funding for community programs working with youth. We also started the curfew program to put kids in rec centers at night with counselors to assist them and their families. These efforts helped reduce juvenile crime by 20%. In the legislature, I sponsored and passed a bill to provide due process to juveniles facing charges as adults.
• Sexual assault, child abuse, human trafficking, domestic violence and elder abuse are high priorities for me and will be in my administration. I have prosecuted several challenging child abuse and sexual assault cases, and I passed landmark human trafficking legislation that raised Colorado’s national ranking to meet the highest national standards.
What are the biggest areas of agreement between you and your opponent?
We all agree that the criminal justice system is not working well for those with mental health challenges and that we need to explore options other than jail for people in these situations.
We also agree that more efforts need to be made to reduce gun violence in Denver.
What is your stance on the death penalty and when is it appropriate to seek the sentence?
I oppose the death penalty. I voted to repeal the death penalty in Colorado while in the state legislature.
How do you plan to handle officer involved shootings, including charging decisions, and how would that process differ from current practices?
I respect our law enforcement officers and the difficult job they do every day in our communities and jails to keep us safe. However, if they break the law, I will hold them accountable. I am the only candidate in the race who has prosecuted and convicted, and sent to prison a Denver police officer who broke the law.
The Independent Monitor’s office will play a larger role in reviewing officer-involved shootings to determine whether charges will be brought. I also will expand the review within the office. If the decision is made not to file charges, I will hold public meetings to discuss the reasons for the decision and answer any questions that members of the public have about the case. It is important to keep the community informed and provide transparency.
If I believed that there was a conflict of interest in a particular case, I would ask that a special prosecutor be appointed to handle the case.
I will also work with the Denver Police Department to provide Denver police officers with more tools and training to de-escalate situations, particularly those involving people with mental health challenges.
What would you do to address racial disparities in the criminal justice system?
The criminal justice system must be fair to all regardless of racial background, sexual orientation, or gender. The statistics reflect a different reality in Colorado where people of color are incarcerated at much higher rates than others. Often these disparities arise because of drug related or minor charges. I will ensure we are not incarcerating those who don’t belong in jail but will benefit from alternative programs and treatment.
I will conduct a thorough review of the practices in the office to determine if there is any bias, conscious or implicit, and will eliminate it because I will not tolerate bias in the office. We will have cultural competency training for all members of the office.
I also plan to recruit a more diverse staff of attorneys and non-attorneys
What changes would you make to the current office in your district? Would you implement or eliminate any specific units?
There are several things I would change about the current office.
I will increase community engagement. The District Attorney’s office should be in the community meeting those whom we serve. I will require my deputies to attend neighborhood meetings so they are hearing community concerns. This requirement will be part of their performance reviews. I will be accessible to members of the community and will attend neighborhood meetings as well including the Mayor’s Cabinet in the Community meetings. In addition, I will have advisory groups from the community with whom I will consult and who will have direct access to me.
With respect to officer-involved shootings I will involve the Independent Monitor’s office and will expand review within the office. I will hold public meetings to discuss decisions not to bring charges, answer questions, and provide details about the cases to increase transparency in the office.
A major focus of mine will be improving the juvenile justice system so that we address the underlying reasons that young people are ending up in the system. I plan to work with Denver Public Schools and non-profits to expand the alternatives to jail for young people and end the schools to prison pipeline. I will pursue using restorative justice in our system, particularly for young people.
I will increase the diversity within the office and provide cultural competency training to all employees.
I will seek grant funding to bring in an outside agency to study the racial disparity in the system and make recommendations to improve it.
I will pursue creating a Veterans Court to provide alternatives to our veterans who have run afoul of the law.
I am also interested in the possibility of a mental health court similar to the drug court that currently exists. I support developing alternatives to prison in appropriate circumstances.
How would you approach mental health in the criminal justice system?
We should not warehouse those with mental health issues in our jails. This is a complex issue, and our society has failed to address it adequately. I support development of alternatives for those who have had minor run-ins with the law like treatment-based programs. The Mental Health Center of Denver has an excellent program with the court system to provide treatment to those involved in the criminal justice system that I want to expand.
I passed a bill to establish a task force to suggest improvements in the 72-hour hold procedures. I served on the task force, and we were successful in passing legislation that clarified the circumstances under which someone can be placed in a mental health hold. In that role, I met and worked with many people who are involved in the treatment of those with mental health problems and numerous families who struggle with relatives or friends with these issues and who do not have access to resources to assist them. I will be able to call upon those contacts in developing alternatives to jail for those suffering from mental health issues.
I am also interested in exploring the option of a mental health court similar to the drug court program.
How would you approach or change how juvenile offenders are handled by your respective office?
Throughout my career I have worked to improve the juvenile justice system. If we can prevent more young people from entering the system, we will eliminate much pain and significant cost down the road. One mistake should not ruin a child’s life.
From starting the Safe City office after the Summer of Violence to passing a bill to provide due process to juveniles facing charges as adults, I have worked to keep our young people safe and out of the criminal justice system. As Director of the Safe City program, I worked with our board to distribute $1 million into the community every year for anti-violence programs and started the curfew program to bring kids into rec centers at night where counselors worked with families to address challenges. These efforts helped reduce juvenile crime by over 20%. We can reduce crime if we are committed to put adequate resources into the effort.
Restorative justice is a cutting edge program that is being successfully used by DPS and I plan to use it in our juvenile justice system.
I recently finished my six-year term on the Tony Grampsas Youth Services Board, the last three as Chair. We provided funding for statewide programs to help young people make good choices and stay away from drugs and violence. I have seen the positive results that can occur when we provide resources to families and youth who are struggling. We must support and expand these programs.
I will partner with DPS and non-profits that provide programs for young people to support anti-violence programs. I have worked with Rev. Leon Kelley to reduce gang violence and will work with him as the District Attorney as well as other people who are working in the community to reduce gang violence.
Juvenile court should not be viewed as a lesser court by the deputy district attorneys, as it is now. It is actually the most important court because it provides an opportunity to intervene before a young person gets stuck in a life of crime.
