On July 1, The Denver Post published a political hit-piece masquerading as a “guest commentary” by Sean Connelly, a criminal defense lawyer. It was misguided, misinformed and deliberately misleading about the status of Colorado criminal law. So politically motivated was the piece, it bizarrely referenced the president, Obamacare and the Defense of Marriage Act.
For purposes of accuracy, I feel compelled to respond, even in this limited space.
My job as district attorney for one million Coloradans is complex and — more importantly — consequential for those I represent in the 18th Judicial District. My primary responsibilities are to uphold the law, seek justice, and protect those in our communities. In the case of Curtis Brooks, despite Connelly’s description of the events of 1995 in his column, that means releasing someone who, albeit as a juvenile, fired a gun during a robbery where someone was shot and killed.
I cannot ignore or rewrite laws simply because I disagree with them, as Connelly would have me do. Instead I must uphold the law, as is my sworn duty. Whether the recent statute, which greatly diminishes the amount of incarceration faced by juvenile murderers well beyond the dictate of the U.S. Supreme Court, is in conflict with our own Colorado Constitution is unclear. Four judges across the state have ruled the statute unconstitutional. Two have later reversed themselves. One court delayed ruling until after our Supreme Court hands down a ruling. Three District Attorneys Offices filed a brief supporting our position.
This is not a “rule of law” case; it is a “what is the law?” case. The role of the Colorado Supreme Court is to give direction about conflicting and confusing laws to those who are charged with following them. Thankfully, that process is being carried out. I will abide enthusiastically by the ruling handed down.
Finally, this case underscores the need for nationwide, comprehensive criminal justice reform that keeps dangerous, hardened criminals off our streets but provides rehabilitation and opportunity to those guilty of lesser charges. When asked about the possibility of clemency for Brooks by Gov. John Hickenlooper’s office, I agreed that his sentence should be reduced to reflect the nature of his crime and his personal rehabilitation while incarcerated, but I recommended that the Supreme Court be allowed to clarify the law for the entire state. If Connelly had bothered to ask, he would have known that. But then he wouldn’t have been able to make it political.
George Brauchler is district attorney of the 18th Judicial District, which includes Arapahoe, Douglas, Elbert and Lincoln counties.
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