Friday, September 23, 2011
I had to go into my former place of employment today for a witness interview. I am the witness. Monday afternoon I am required to be present for a hearing where the family of a victim has filed an action against the District Attorney’s Office for declining to prosecute a case. How do I know I am a witness? I got a subpoena.
Yeah, last night when I was sitting on my couch fat, dumb, and happy the phone rang. Much to my chagrin it was a process server accessing the buzzer from downstairs. (I think it is pretty cool that the door buzzer rings your phone and you open the door by pushing a button on the keypad. I can open the door from anywhere.) I could have told him to pound sand, I suppose, but I was planning on going to the hearing anyway. Still, I hated being served. Actually, because the subpoena came with a check for zero dollars, rather than the statutorily allowed witness fee, I think service was improper. No matter I am going.
Frankly, I am not too happy about it. First of all, we staffed this case and there were several people there, including Senior Chief Deputy Eva Wilson, who is also attending the hearing. The others could testify. I am only appearing because I handled the case from the beginning and my name is on the declination form. The D.A.’s Office offered to have me appear by phone, but the judge insisted I be there. So, I worked my plans around the hearing. I don’t know if I would have left Denver earlier or not, but once the hearing was set I didn’t really have a choice. (Does this sound like whining? Well, so be it. I am whining.)
The good news about the whole thing is that it gave me an excuse to stop by the D.A.’s Office and see some wonderful people for maybe the last time. I was invited to lunch by two of my favorites—Donna Reed and Eva Wilson, two career prosecutors who bring honor and respect to the profession. Donna, of course, is the brains of the office as chief appellate deputy, a job she has held for almost 25 years. Although I started in the office prior to her arrival, an office without Donna is unimaginable. I might be missed, but Donna’s retirement will be mourned.
Eva Wilson was Scott Storey’s smartest hire. Way smarter than hiring me, which was, of course, a dual-edged sword. Scott brought Eva in immediately upon taking office, and she arrived with a wealth of prosecution experience, tremendous legal skills, and one of the rarest of qualities for a prosecutor, the ability to supervise lawyers. Anyone who survived supervising me for four years deserves an award.
Not only are Donna and Eva great lawyers, but they are incredibly nice. I am honored to call them my friends. Thanks for lunch, guys. (If asked on the witness stand I will be required to disclose that two members of the D.A.’s staff purchased my lunch.)
Speaking of awards, I was told that Charles Tingle, a longtime chief deputy D.A. won the Sustained Performance Award from CDAC at their conference. This is a well-deserved honor, which continues a string of awards for the Jeffco office. Mark Randall won it last year. Mark Pautler won it in the past. Charles has been such a great prosecutor since he first started. I have never seen a better trial lawyer. Had I stayed with the office I would have been part of the trial team for an upcoming murder case. It would have been my first chance to work with Charles on a case, and I am sorry I never had that opportunity.
But as much as I miss all those people, I do not miss the job. Everything is on track for me to leave Denver next Wednesday the 28th. I will be taking my time driving to New York but I will try to blog, or at least post on Facebook, every day. My digital camera has plenty of batteries so I should be able to post pictures if I see anything. And no, I am not going anywhere near the world’s biggest ball of twine. That is in Kansas. I am going through Nebraska. I will try to find some other interesting stuff, though.
Yeah, last night when I was sitting on my couch fat, dumb, and happy the phone rang. Much to my chagrin it was a process server accessing the buzzer from downstairs. (I think it is pretty cool that the door buzzer rings your phone and you open the door by pushing a button on the keypad. I can open the door from anywhere.) I could have told him to pound sand, I suppose, but I was planning on going to the hearing anyway. Still, I hated being served. Actually, because the subpoena came with a check for zero dollars, rather than the statutorily allowed witness fee, I think service was improper. No matter I am going.
Frankly, I am not too happy about it. First of all, we staffed this case and there were several people there, including Senior Chief Deputy Eva Wilson, who is also attending the hearing. The others could testify. I am only appearing because I handled the case from the beginning and my name is on the declination form. The D.A.’s Office offered to have me appear by phone, but the judge insisted I be there. So, I worked my plans around the hearing. I don’t know if I would have left Denver earlier or not, but once the hearing was set I didn’t really have a choice. (Does this sound like whining? Well, so be it. I am whining.)
The good news about the whole thing is that it gave me an excuse to stop by the D.A.’s Office and see some wonderful people for maybe the last time. I was invited to lunch by two of my favorites—Donna Reed and Eva Wilson, two career prosecutors who bring honor and respect to the profession. Donna, of course, is the brains of the office as chief appellate deputy, a job she has held for almost 25 years. Although I started in the office prior to her arrival, an office without Donna is unimaginable. I might be missed, but Donna’s retirement will be mourned.
Eva Wilson was Scott Storey’s smartest hire. Way smarter than hiring me, which was, of course, a dual-edged sword. Scott brought Eva in immediately upon taking office, and she arrived with a wealth of prosecution experience, tremendous legal skills, and one of the rarest of qualities for a prosecutor, the ability to supervise lawyers. Anyone who survived supervising me for four years deserves an award.
Not only are Donna and Eva great lawyers, but they are incredibly nice. I am honored to call them my friends. Thanks for lunch, guys. (If asked on the witness stand I will be required to disclose that two members of the D.A.’s staff purchased my lunch.)
Speaking of awards, I was told that Charles Tingle, a longtime chief deputy D.A. won the Sustained Performance Award from CDAC at their conference. This is a well-deserved honor, which continues a string of awards for the Jeffco office. Mark Randall won it last year. Mark Pautler won it in the past. Charles has been such a great prosecutor since he first started. I have never seen a better trial lawyer. Had I stayed with the office I would have been part of the trial team for an upcoming murder case. It would have been my first chance to work with Charles on a case, and I am sorry I never had that opportunity.
But as much as I miss all those people, I do not miss the job. Everything is on track for me to leave Denver next Wednesday the 28th. I will be taking my time driving to New York but I will try to blog, or at least post on Facebook, every day. My digital camera has plenty of batteries so I should be able to post pictures if I see anything. And no, I am not going anywhere near the world’s biggest ball of twine. That is in Kansas. I am going through Nebraska. I will try to find some other interesting stuff, though.
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After reading your blog I having some hope regarding my father. Waiting for a call back from Mrs. Wilson. Please read below...
My father is 62 years old and a Denver native. He lost his father at a young age and unfortunately having grown up in a family of 9 kids, ended up an acoholic at a young age. My father did not always make the best choices as a result of drinking but to have been given less than 6 months to live and out right be told your life does not matter and sentence him to die in jail is very unjust. The jail
physician, Dr. Brill, testified in court today that not only is the jail an unsafe environment for a man in my father's condition but the cost of my father's medical care and the burden on the jail staff outweighs imprisoning a person of this condition. My father's charge was a 3rd degree assault and as I stated earlier, did not always make wise choices so having a record of alcohol related offenses, but to sentence a man to die in jail after the DA, the jail medical staff and the jail sherrif staff agree home detention would be a more suitable and just sentence as well not unheard of. However when Judge Burback faced the DA, the jail medical staff and my family today he stated that he believed my father's acts were aggravated and his helath was of his own fault and flat out said no due to public safety concerns. My father is in a wheel chair and walks with a cane. The only risk he has is himself falling down. He has end stage liver cirrhosis in addition to whole slew of ailments. The judge was also advised that my father would not be able to have pain meds administered to him during his final time to ease him into his end to which the judge had no regard. His condition is declining and after today I fear he may loose hope and die sooner. I do not deny my father should pay for his crime but I am offering to take on the burden of the people and bring him into my house with home detention where he is no threat to the public and can die with dignity as EVERY human being deserves. It is my understanding that Denver and Arapahoe have a much greater compassion for dying human lives even if they are an imate. It was demonstrated today in Jefferson County that Judge Burback sentenced my father to death for a misdemeanor. I am not giving up..and will fight for my father's right to be treated as a human being...as cruel and unusual punishment seems to be the case here.
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My father is 62 years old and a Denver native. He lost his father at a young age and unfortunately having grown up in a family of 9 kids, ended up an acoholic at a young age. My father did not always make the best choices as a result of drinking but to have been given less than 6 months to live and out right be told your life does not matter and sentence him to die in jail is very unjust. The jail
physician, Dr. Brill, testified in court today that not only is the jail an unsafe environment for a man in my father's condition but the cost of my father's medical care and the burden on the jail staff outweighs imprisoning a person of this condition. My father's charge was a 3rd degree assault and as I stated earlier, did not always make wise choices so having a record of alcohol related offenses, but to sentence a man to die in jail after the DA, the jail medical staff and the jail sherrif staff agree home detention would be a more suitable and just sentence as well not unheard of. However when Judge Burback faced the DA, the jail medical staff and my family today he stated that he believed my father's acts were aggravated and his helath was of his own fault and flat out said no due to public safety concerns. My father is in a wheel chair and walks with a cane. The only risk he has is himself falling down. He has end stage liver cirrhosis in addition to whole slew of ailments. The judge was also advised that my father would not be able to have pain meds administered to him during his final time to ease him into his end to which the judge had no regard. His condition is declining and after today I fear he may loose hope and die sooner. I do not deny my father should pay for his crime but I am offering to take on the burden of the people and bring him into my house with home detention where he is no threat to the public and can die with dignity as EVERY human being deserves. It is my understanding that Denver and Arapahoe have a much greater compassion for dying human lives even if they are an imate. It was demonstrated today in Jefferson County that Judge Burback sentenced my father to death for a misdemeanor. I am not giving up..and will fight for my father's right to be treated as a human being...as cruel and unusual punishment seems to be the case here.
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