By Don Knox, LAW WEEK COLORADO
People who identify as transgender continue to struggle with making that point inside Colorado’s legal system.
Ariel Attack, a Denver anarchist arrested recently in connection with the vandalism of Colorado Democratic Party headquarters, is identified in official press releases from the Denver Police Department and the Denver District Attorney’s under her male birth name.
DA’s spokeswoman Lynn Kimbrough told Law Week Colorado on Monday that she did not know that the suspect self-identifies as transgender.
“Had I known, I would have given that information consideration,” Kimbrough said. However, “it still might not have changed the news release.”
All of the documents related to the case identify this defendant as a white male, and “that is what the news release is based on,” Kimbrough said.
“We have no written policy related to this, just a common practice of using the identifying information that is provided in the case file, which includes name, date of birth, gender and other information.”
The best known recent example of such transgender identify conflict occurred at the trial of Allen Ray Andrade, who was convicted in the hate-crime murder of Angie Zapata.
During Andrade’s trial, the prosecution, under the direction of Republican District Attorney Ken Buck, always referred to Zapata by the same she chose for herself. But Andrade’s attorneys consistently referred to Zapata by her male birth name, making for difficult cross-examinations in which witnesses continually referenced the victim as “she” and the defense as “he.”
In Attack’s case, fundraising pleas by the self-described “radical queer group” Denver Bash Back included the notation that Attack is “listed in the jail records and media under her birth name.”
Some Colorado media outlets, including The Colorado Independent, have respected the suspect’s self-identification as female. But the region’s largest sources of news, including the Denver bureau of the Associated Press and The Denver Post, have continued to fall back on Attack’s legal name and official gender.
In 2006, the widely used AP Stylebook was updated to include usage standards for terms related to transgender people. The book encourages writers to “use the pronoun preferred by the individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth.”
“If that preference is not expressed,” the book continues, “Use the pronoun consistent with the way the individuals live publicly.
According to The New York Times, transgender “is an overall term for people whose current identity differs from their sex at birth, whether or not they have changed their biological characteristics. Cite a person’s transgender status only when it is pertinent and its pertinence is clear to the reader. Unless a former name is newsworthy or pertinent, use the name and pronouns (he, his, she, her, hers) preferred by the transgender person. If no preference is known, use the pronouns consistent with the way the subject lives publicly.”

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By Don Knox, STATE BILL COLORADO
Denver election lawyer Judd R. Choate, an associate at Kelly Garnsey Hubbell & Lass and a protégé of Supreme Court Justice Alex Martinez, on Monday was named the elections director for the Colorado Secretary of State’s office.
Choate, who clerked for Martinez and for 10th Circuit Court of Appeals Judge Tim Tymkovich, received his juris doctor only three years ago from the University of Colorado School of Law.
Secretary of State Bernie Buescher cited Choate’s legal background as an important factor in his selection. Choate will start with the office in October after he winding up his legal practice.
“Judd brings extensive legal experience and an impressive educational background that will benefit both the voters and the staff of the Elections Division,” Buescher said. “This is a critical position with some major milestones coming down the pike and I’m excited to have Judd on board to lead these efforts.”
Choate said, “I welcome this amazing opportunity to serve the people of Colorado in the Secretary of State’s Office. My parents and my mentor, Justice Alex Martinez, preach the mantra of public service. This is my chance to give back.”
Before pursuing his legal career, Choate received his master’s and doctorate degrees in political science from Purdue University. He went on to serve as assistant professor of political science at Baker University and the University of Nebraska. Choate also worked for the Nebraska Supreme Court, where he was appointed director of a statewide task force researching barriers within the Nebraska legal system.
In August 2008, El­­ections Director Holly Lowder resigned after it was revealed that she had a longstanding personal relationship with a man who received substantial election-related contracts from the state. Then-Secretary of State Mike Coffman, now a congressman, told reporters that Lowder’s resignation does not hinder the state’s ability to pull off the November 2008 election.
Coffman said Lowder was overseeing the state’s transition to the new voter registration database rather than day-to-day election operations.
Buescher was appointed to the secretary of state post by Gov. Bill Ritter upon Coffman’s election.

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By Peter Rossi
LAW WEEK COLORADO
Editor’s Note: Statewide trial reporter Peter Rossi rounds up today’s court news.

Florence prisoners Richard Steele and Edward Eviey filed a lawsuit in U.S. District Court in Denver against the U.S. Bureau of Prisoners alleging the guards used excessive force during a prison riot. The prisoners claim guards shot between 400 and 500 rounds during the April 20, 2008, riot.
http://www.kjct8.com/Global/story.asp?S=11015935

Pueblo Postal Worker Indicted
Dale Tafoya, a former clerk at Pueblo’s main post office, has been charged with stealing more than $1,000 of U.S. Postal Service money. The indictment alleges he stole postal sales revenue.
http://www.chieftain.com/articles/2009/08/26/news/local/doc4a94cdab93d02847881083.txt

Flag Thief Sentenced
Mesa County man Troy Milam did not contest charges of stealing a world peace flag last year and was sentenced to a month’s home detention
http://www.vaildaily.com/article/20090829/NEWS/908299992/1078&ParentProfile=1062

Glenwood Deputy DA Heads To Virgin Islands
Ninth Judicial Deputy District Attorney Ed Veronda is leaving his post in Glenwood Springs to take a prosecutor job in the Virgin Islands.
http://www.postindependent.com/article/20090831/VALLEYNEWS/908309995/1074

Durango Police Miffed At District Attorney
The Durango Police Department is upset with the increasing number of cases being dismissed under the administration of District Attorney Todd Risberg.
http://durangoherald.com/sections/Opinion/Editorial/2009/08/31/Dismissals/

Voters To Decide On Term Limits For DA
The Eagle County Commissioners approved to put a ballot question on the ballot this November asking voters to decide whether 5th Judicial District Attorney Mark Hurlburt would be able to run for a third term.
http://www.vaildaily.com/article/20090818/NEWS/908189952/1078&ParentProfile=1062

Have a trial you want to tell us about? Do you have questions about our future trial coverage? Send your queries to Peter Rossi at prossi@circuitmedia.com.

By Gil Whiteley, DENVER DAILY NEWS
As in life, the anticipation is always much bigger than the event; you can ask my ex-high school girlfriend.
Jay Cutler was in town last night, and nothing much happened except the Denver Broncos fans that he rated as sixes mightily booed him, but they booed him like nines.
Neither Chicago nor Denver looked very good, In fact, booth these teams may be in for a long season.
Quarterback Kyle Orton can’t seem to lead any of his receivers on crossing routes and missed several guys badly, who were just standing there after running a button hook.

Orton not the answer
Orton can’t play a lick. He’s the athletic equivalent of Don Knotts, fumbling for his bullet. The Broncos receivers were routinely running routs short of the first down marker and turning punters Brett Kern and Britton Colquitt into an MVP candidates.
If this is the Josh McDaniels Denver’s getting, then Denver got got. If it wasn’t for Peyton Hillis and Devin Hester, this Broncos and Bears game was unwatchable.
In keeping with Josh speak, injuries are now called either upper of lower extremity injuries. We get the hemisphere of the anatomy, not a specific body part. They wouldn’t let the media in the press box that Orton injured his hand, even though it was reported on the radio and TV immediately.
This is it, Denver. This is the Broncos in the last appearance by the regulars. None of them are expected to play in the last preseason game, but who knows? Seventy-six thousand of you signed up for 10 games of the most boring football of your lifetime. Look out, Detroit, here come the Denver Broncos.
To his credit, Cutler wasn’t sacked but was hurried several times and knocked on his can by Dumervil three times in the first half. Thanks for being in the building, Elvis.

McDaniels watch
I’m officially on the McDaniels watch. He has done nothing to impress me, or anyone else in the Rocky Mountain Region. The Broncos are supposed to know who can play by this time in the preseason. I’m not sure who can play, or what formation they’re supposed to be in. The real problem is that the Broncos don’t know, either.
Other than a couple of individuals (Hillis, Eddie Royal and Dumervil), this Broncos’ effort was a mess. Josh McDaniels is ill prepared to be a head coach in the National Football League. That doesn’t mean he won’t be someday, but yesterday wasn’t it.
The over/under for the Broncos this season is now at seven games in the win column. That is looking like the biggest no brainer in the history of no brainers. I should know, I’m accused of having no brain every week of my life.
The Broncos will have trouble winning four games in 2009.
Have a nice fall.

Listen to Gil Whiteley everyday at noon on “Gil and Woody” on AM 1510 KCKK. The views expressed in this column are Whiteley’s and not necessarily those of the Denver Daily News. Respond to this column at editor@thedenverdailynews.com.

Distributed by Colorado Capitol Reporters

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By Peter Marcus, DENVER DAILY NEWS
Two Republican lawmakers are calling on state oil and gas regulators to extend the shelf life of drilling permits.
But officials with the Colorado Oil and Gas Conservation Commission say they’re already looking into the issue, with or without the pressure from Sen. Josh Penry, R-Grand Junction, and Rep. Cory Gardner, R-Yuma.
Still, the two lawmakers sent a letter to COGCC Director David Neslin last week calling for an extension on the shelf life of the Application for Permit to Drill to two years, with an option to extend the permit for an additional year beyond that.
“Colorado’s energy sector is vitally important to the long term stability of our state’s economy as it is a major producer of jobs, and a reliable source of home grown clean energy,” wrote the two lawmakers in their explanation for calling for the extension.
Supporters of an expansion of oil and gas drilling point to a sharp decrease in overall permits being approved this year by regulators. Last year, the COGCC approved a record 8,027 permits, while this year the commission is on track to approve only around 5,000 permits, according to recent statistics released by the state.
“As a result, we have seen thousands of jobs and millions of dollars in investment leave our state,” write Penry and Gardner.
They are concerned that Colorado is becoming increasingly less attractive to oil and gas executives as a place for investment.
Neslin told the Denver Daily News last week that his commission is already actively considering the proposal.
“It’s an issue that merits serious consideration,” he said. “This is an issue that I raised with our commission … and as I noted at that time, there’s federal precedence for longer APD terms and it could assist operators in scheduling their work and complying with other regulatory requirements.”
“So, I think this is an issue that merits serious consideration by the commission,” continued Neslin. “But the ultimate decision will be up to our commissioners.”
The COGCC is only in the beginning stages of examining the proposal; few details are available at this time.
Meanwhile, at a meeting in Fort Collins last week with Gov. Bill Ritter, Democratic Congresswoman Betsy Markey and Interior Secretary Ken Salazar, environmental groups called for cautious extensions of drilling permits with a major focus instead on expanding the Clean Energy Economy.
“Here in Colorado, investment in wind and solar are repowering our economy,” said Keith Hay, energy advocate for Environment Colorado. “We are faced with a choice between paying to uphold a dirty polluting status quo or investing in a new direction for America — clean energy is the clear winner.”

Distributed by Colorado Capitol Reporters

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By Gene Davis, DENVER DAILY NEWS
Following this month’s bust of 14,500 marijuana plants that allegedly were in part being grown by Mexican migrant workers, a Colorado Springs senator is calling on Gov. Bill Ritter and the General Assembly to take aggressive action on illegal immigration in Colorado, though immigrant rights’ groups say lawmakers shouldn’t blame entire communities for the actions of a few individuals.
Sen. Dave Schultheis, R-Colorado Springs, said on Friday that in lieu of the “growing role illegal immigration plays in expanding international drug cartels in the United States,” Ritter and fellow lawmakers should beef up on the Colorado State Patrol’s immigration unit. He added in a press release that the state should consider requesting federal stimulus funding to step up law enforcement against illegal immigration.
“The safety of our citizens ought to be the governor’s paramount concern and should take precedence in budget matters — even in a down economy,” said a statement from Schultheis. “It’s time to reprioritize.”
But Julien Ross, executive director of the Colorado Immigrant Rights Coalition, pointed to the recent state audit of Senate Bill 90 — legislation that requires law enforcement officers to notify U.S. Immigration when they have probable cause to believe that someone they have arrested is in an illegal immigrant — which found that a perpetrator’s immigration status has nothing to do with an inclination for criminal action. As a result, it would be misguided to call for increased state enforcement of federal immigration laws as a result of the recent drug bust because it would erode trust, not prevent crime.
“Research shows immigrants to be far less likely to commit crimes than native born citizens and to actually contribute to making neighborhoods safer,” said Ross in a statement. “Lawmakers concerned about the drug trade would be better served focusing on lessening the demand for drugs in their local district than scapegoating immigrants.”
Colorado “has a history of going easy on illegals” and is becoming known as a sanctuary state, countered Schultheis. He said in a press release that Ritter should support a bill he will again introduce next year to require Colorado employers to utilize the federal E-verify program.
Ritter’s office declined to comment.

Gone to pot
On Aug. 21, federal and local law enforcement officials seized approximately 14,500 live marijuana plants in the Pike National Forest in Jefferson County. The bust is believed to be the biggest outdoor marijuana growing operation ever caught by Colorado law enforcement.
As agents advanced on the grow site, an estimated seven to 10 people were seen running from the area. Their sleeping bags and food items were recovered at the site, and information developed during the investigation determined that Mexican migrant workers had been recruited from outside the state of Colorado to harvest the marijuana plants, according to the Drug Enforcement Agency.
Two suspects associated with the marijuana grow location have been identified, but law enforcement agencies are not releasing any more information at this time, citing an ongoing investigation.

Distributed by Colorado Capitol Reporters

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With the recession forcing cutbacks at every level of government, will environmental protections in Colorado be affected? This month the state issued new rules about road development on public lands. But some environmental groups are concerned the changes may actually result in less protection for roadless national forests than in any other state. What’s the outlook for public land in Colorado?

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By Todd Engdahl, EDUCATION NEWS COLORADO
David Skaggs, director of the Department of Higher Education, resigned Friday, according to a statement from Gov. Bill Ritter’s office.
No reason was given in the statement, and Skaggs wasn’t immediately available for comment.
The departure, effective Sept. 11, was unexpected. Several officials and others contacted by EdNews expressed surprise and were at a loss to explain why Skaggs quit.
The vacancy comes in the middle of a difficult time for Colorado’s state colleges and universities.
The state’s recession-induced budget problems forced the 2009 legislature to hold higher ed funding flat, and that was accomplished only with the help of federal stimulus funds. Direct state support of colleges and universities is at the same level as 2005-06. The department’s administrative budget was cut by lawmakers.
Ritter is proposing additional cuts in state support for the current 2009-10 budget and has sought a federal waiver in order to use even more stimulus money to hold higher ed spending even.
Skaggs’ departure also comes only a month before the department is due to convene a higher ed “summit” that is supposed to kick off an 18-month process of creating a new master plan for Colorado higher education. Ritter and Skaggs proposed the master plan process earlier this summer as a way to craft long term plans for both college financing and to refocus the mission of the state system.
Some college and university presidents have been lukewarm about the master plan idea and have urged a quicker fix for financial problems, which are expected to worsen significantly after the stimulus money runs out in 2011.
Skaggs was one of Ritter’s first cabinet appointments, named in December 2006. A Boulder-area Democrat, Skaggs served 12 years in Congress and was a member of the Colorado House before that. He’s a lawyer who served in Vietnam as a Marine. He’s known for his articulate, diplomatic and occasionally self-deprecating style.
In addition to wrestling with higher ed budget woes and the occasionally fractious chiefs of state colleges and universities, Skaggs has been heavily involved in the forging the cooperative relationship between his agency and the Department of Education that is required by the 2008 Colorado Achievement Plan for Kids education reform program.
Friday’s statement contained the usual kinds of comments about the resignation:
Ritter: “It is with great regret that I have accepted David’s resignation. He is an extraordinary public servant and someone of strong principles and integrity. …I thank him for his service and his dedication.”
Skaggs” I am grateful to have had the opportunity too help advance the Ritter administration’s important educational enterprise. We have strengthened our higher education system, both in terms of additional funding even in a tight economy, and in implementing important reforms that positions Colorado well for the future.” (Ritter did achieve significant budget increases for colleges at the beginning of his term.)
No timetable was announced for naming a replacement.

Distributed by Colorado Capitol Reporters

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Source: Boulder Camera

The University of Colorado and local health officials held a press conference today to discuss the N1H1 swine flu situation at the school. Video by Mark Leffingwell.

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Douglas County District Court Judge Vincent White has sentenced Mark H. Polunci, 52, to seven years in prison for his involvement in a Ponzi scheme.

20090828_Polunci Sentencing Release

Polunci Indictment

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