“I believe it is political”: District Attorney will prosecute Colorado State Senator despite giving grand jury incorrect evidence

EL PASO COUNTY, Colo. (KRDO)-- Democrat State Senator Pete Lee was indicted by a grand jury in August for lying about his address when he voted in a 2020 presidential primary election.

Lee's attorney filed a motion to dismiss the case Tuesday after his legal team noticed in a transcript that false information was given to that grand jury by the 4th Judicial District Attorney's Office.

The incorrect information was provided to the 4th Judicial District Attorney's Office by the Colorado Supreme Court Attorney Registration.

Lee owns a home on North Sheridan Avenue, not far from Memorial Park, in his District 11. But Lee also owns a more luxurious home in Cheyenne Cañon, outside of the district he represents.

Lee is a lawyer, and according to a court transcript, members of the grand jury were told multiple times that lee changed the address for his attorney registration from his house on N Sheridan, to his house outside of his district.

For the first since he was charged last month, Lee, who is term-limited, spoke to KRDO about the case, saying he believes the charges are politically motivated.

"Clearly, I had declared Sheridan my address in December 2019 as I had done in the prior year. So, I didn't change anything. But they just got bad information," Lee told KRDO. "And I wonder how that happened. I wonder how attorney regulation counsel whose primary job and responsibility is to keep track of attorney regulations, could make a mistake of that magnitude in a criminal case."

The office of Republican District Attorney Michael Allen has admitted that the information provided to the grand jury was wrong. So on Tuesday, Lee's lawyer filed a motion to toss the case.

"They passed on inaccurate information and it materially affected the charge by the grand jury," Lee said.

But despite the bad information they obtained the indictment with, Allen's office says they still believe Lee lied on his ballot about where he lived, and are still going to prosecute him.

KRDO reached out to the 4th Judicial District Attorney's Office Wednesday, who declined to discuss the decision to continue prosecuting the case. A spokesperson for the department said, "We are not going to litigate this case in the public."

Lee is a strong advocate for criminal justice reform, a politically sharp contrast to Allen.

The outgoing state senator believes the charges stem from that and are politically motivated.

"Yeah, I think so. I don't know how you ever prove something like that, but, you know, that's my feeling. This district attorney and his predecessor have made comments to that effect publicly for a while."

Lee is not the only state senator from Colorado Springs who has been accused of this, but he is the only one that is currently being charged. A Republican, Dennis Hisey is facing similar allegations but has not been charged by Allen's office.

"I believe it is political because there are other elected officials who have engaged in the same conduct and no other D.A. anywhere in the state has charged anyone with it," Lee said.

Lee is set to appear in court again for a motions hearing on Oct. 18.