Court orders Huerfano Co. Sheriff to comply with state law for handling evidence
HUERFANO COUNTY, Colo. (KRDO) -- District Court Judge M. Jon Kolomitz has ordered the Huerfano County Sheriff’s Office to do their jobs after the local district attorney accused the department of mishandling evidence, resulting in numerous felony cases being dropped.
The court order stems from a lawsuit filed by the Third Judicial District Attorney Henry Solano against Sheriff Bruce Newman and the Huerfano County Sheriff’s Office back in June. Solano says the sheriff's office failed to provide his prosecutors evidence in a timely manner, and that put the public's safety at risk.
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 by Solano, the HCSO hasn't met that deadline in a large number of situations.
Back in June, Solano told 13 Investigates that 27 felony-level cases have been dismissed since he took office in 2017. Solano says these dismissals directly stem from the Huerfano County Sheriff's Office failing to hand over evidence to prosecutors.
Solano called on the court to order the Huerfano County Sheriff's Office to adhere to state law and provide evidence in a timely manner. On Monday, the courts agreed with Solano -- granting a preliminary injunction and ordering Sheriff Bruce Newman and the HCSO to follow state law.
“The importance of this is, there is now a court order that says there must be compliance,” said Solano who oversee prosecutions in Huerfano and Las Animas counties. “Which means we should not be dismissing cases because of evidence or evidentiary reasons.”
The court’s order includes:
a) properly and timely provide to the Office of the District Attorney of the Third Judicial District of the State of Colorado such investigatory evidence and information coming into their custody, possession or control;
b) properly maintain, preserve and/or inventory evidence including labeling and maintaining a “chain of custody” log;
c) timely and properly send evidence for testing; and
d) use the state-created, funded and free-to-law-enforcement E-Discovery Platform. Done in chambers of December 13, 2021.
“I don’t consider it a win for me, or for the office,” said Solano. “What I see this [order] as doing is providing basic fundamental law enforcement activities to support the cases in the crimes they have alleged have been committed.”
According to Solano, the HCSO is also required to hand over evidence for any pending cases to the Third Judicial District Attorney’s office within approximately five days.
In this case, a district court judge ordered a preliminary injunction, which is temporary. Solano says he will file for a permanent injunction in the coming days.
If the HCSO doesn't comply with the court order, Solano says he could file a motion to hold the department in contempt of court. If Solano is successful in proving the department is not following the court order there are several options for the court to serve out punishments.
“They can issue compliance through an order,” said Solano. “It can in fact issue sanctions or financial sanctions. Ultimately, a court could order jail time until there is compliance with a court order.”
13 Investigates reached out to Sheriff Newman for comment but did not receive a response.
Huerfano County Commissioners help fund both the Huerfano County Sheriff’s Office and the 3rd Judicial District Attorney’s Office. 13 Investigates reached out to all three commissioners for comment on the court order, but has not received a response.
