Disbarred former San Luis Valley District Attorney sued for ‘maliciously prosecuting’ political rival

SAN LUIS VALLEY, Colo. (KRDO) -- The former 12th Judicial District Attorney, who was disbarred for violating victims' rights all across the San Luis Valley last year, now faces a new legal battle. A political rival who ran against Alonzo Payne in 2020 is suing him and the 12th Judicial District Attorney's office, claiming he was the victim of a "malicious prosecution."

The federal lawsuit, filed on August 8, alleges that Payne filed felony embezzlement charges against Robert "Bob" Willett for political purposes in 2022. The lawsuit alleges that Payne directed his investigator to look into a Christmas bonus that Willett gave employees at the DA's office during the final months of his tenure as the 12th Judicial DA in late 2020.

Instead of requesting an outside agency to investigative claims that Willett improperly distributed bonuses, the lawsuit says Payne's investigator doctored a one-page report that "did not even give rise to
the legal standard of probable cause, but was ultimately used to justify a false charge against Robert Willett."

Attorneys for Willett, a now deputy district attorney for the 4th Judicial District Attorney's office in El Paso County, say it was common practice that "surplus funds were used to distribute bonuses, as had been done by numerous prior elected DAs." The lawsuit alleges Payne knew this was the case but still decided to levy criminal charges against the man who had previously run against him for DA's job.

In fact, previous DAs in the 12th Judicial District distributed bonuses in act same way but were never criminally prosecuted for it, the lawsuit states.

Additionally, Willett's attorneys say Payne purposefully did not appoint a special prosecutor to the case. They claim this is evidence that Payne's sole intent for prosecuting Willett was to damage any potential candidacy by him for the office of DA.

Eventually, a special prosecutor was appointed to the criminal case. The 3rd Judicial District Attorney's Office, under elected DA Henry Solano, took the case and continued to prosecute it. Willett's attorney filed a motion to appoint another special prosecutor, which was granted by a judge.

The criminal case was then inherited by the 5th Judicial District Attorney's office, who dismissed the case with prejudice, meaning it cannot be re-filed, after they "acknowledged the previous pattern regarding Christmas bonuses and did not believe criminal intent existed," the lawsuit says.

Payne resigned as District Attorney for the 12th Judicial District after a public outcry over violating crime victims' rights by not involving them in criminal prosecutions and going against their wishes on numerous cases.

RELATED HERE: Former San Luis Valley District Attorney disbarred from practicing law in Colorado

He was then subsequently disbarred from practicing law in Colorado for these very same reasons on October 26, 2022. Also included in his disbarment paperwork, was a finding that he "began an investigation and filed criminal charges against the previous district attorney, a political rival and critic of Payne," Payne's disbarment finding from the Colorado Office of Attorney Regulation Counsel reads.

The disciplining judge found that Payne's actions "prevented the court from making a probable cause
determination in the case."

Willett's attorneys say he has suffered physical and emotional injuries and other damages and losses as a result of the prosecution against him. They estimate that the monetary damages endured by the prosecution are estimated at $5 million. They are also asking for a judge to order required training to be given to employees at the 12th Judicial District Attorney's office.

Since Payne's resignation, Anne Kelly took the reigns as the elected DA. Kelly told 13 Investigates she cannot comment on the specifics of the lawsuit. However, she did issue a statement on how the 12th Judicial District Attorney's office has changed since Payne's resignation:

"I can tell you that our Office is fully staffed with 7 in person lawyers and a part time remote support lawyer.  We are thriving.  We are a completely different office than we were a year ago.  We continue to receive the high praise and support from law enforcement, community leaders and citizens."

Anne Kelly, 12th Judicial District Attorney

13 Investigates attempted to reach Alonzo Payne for comment on the lawsuit. We are still awaiting his response.

Previous Reporting:
12th Judicial District Attorney Alonzo Payne resigns
Colorado Attorney General says San Luis Valley’s District Attorney violated victim right
San Luis Valley DA Alonzo Payne says resignation will ‘spare divisiveness of a Recall Election’