District Attorney sues Huerfano County Sheriff’s Office over mishandling of evidence
HUERFANO COUNTY, Colo. (KRDO) -- The 3rd Judicial District Attorney is bringing a lawsuit against one of his own law enforcement agencies, alleging a mishandling of evidence that has resulted in numerous felony cases being dropped.
13 Investigates has learned 3rd Judicial District Attorney Henry Solano is suing the Huerfano County Sheriff Bruce Newman and his department. According to the lawsuit, Solano claims the Sheriff's Office is failing to provide his office evidence in a timely manner, meaning As a result the public's safety is being put at risk.
"They can't be protected if I don't have the evidence to prosecute a case," said District Attorney Henry Solano in an interview with 13 Investigates.
Critical information in the possession of the state must be provided to the defendant within 21 days after the defendant's first appearance on a criminal complaint that has been filed. This is according to Rule 16 in the Criminal Rules and Procedures of Colorado.
According to the lawsuit filed on Tuesday, the HCSO hasn't met that deadline in a large number of situations. Meanwhile, the claim says other agencies within Judicial District 3 such as the Las Animas County Sheriff's Office, Trinidad Police Department, and Colorado State Patrol have provided evidence well before 21 days often within 24-48 hours.
On top of the untimely handover of evidence, the suit alleges that the HCSO fails to properly maintain or preserve evidence or hand over evidence to be tested by the Colorado Bureau of Investigation.
According to the lawsuit, 27 felony-level cases have been dismissed since Solano took office in 2017 because the Huerfano County Sheriff's Office failed to hand over evidence.
"It is very disturbing and troubling that not only suspected felons but repeat felons are not being held accountable," said Solano. "Not because we can't prove the case, but because elementary law enforcement obligations, entry-level requirements, are not being met."
Solano is calling on the court to order the Huerfano County Sheriff's Office to adhere to state law and provide evidence in a timely manner.
"If they don't comply, I can go back to the court and ask that the sheriff and the sheriff's department be held in contempt," said Solano. "The court has a number of different mechanisms in which to enforce its order."
One of those mechanisms could include potential sanctions being placed against the HCSO.
Huerfano County Sheriff Bruce Newman told 13 Investigates on Monday he's happy that Solano filed the lawsuit because now everything can come to light in a public setting. He said he wouldn't answer any other questions at this time.
Huerfano County Commissioners, who fund both the Sheriff's Office and District Attorney's Office, declined to comment. County commissioners would not speak due to a separate ongoing lawsuit between the county and the 3rd Judicial District Attorney's Office.
"I don't need to worry about whether they like me. The sheriff's office likes me or doesn't like me or whatever," said Solano. "I will do my job. I'll hold others responsible to do their job. If they don't like it that's their problem."
