Crime
We moved Boulder Crime News and police blotter out of News and made it a primary category. Even though crime news is the highest in analytic s some readers complain because it ruins non violent news. Our readers and viewers prefer science, tech environmental and entertainment news. So crime news junkies now have your own bad news section here.

Capt. Underpants sues the city Again! Here we go Boulder
Sep 13th
Atty David Lane
My lawyer requested all evidence from the prosecutor and from the police department files, has or had, three weeks ago!
The prosecutor has refused to release all the evidence! Nada, nothing.
Tom Carr is essentially the supervisor to the prosecutor.
>My case is open, the charges have not been dropped.
My lawyer is filing a motion this week, but, I think one should wonder about our “Justice System” in Boulder and the ethics of our City Attorney, Tom Carr.
Why is it necessary? What is our City Attorney afraid of?
He was one who wrote up the most draconian Press Release concerning my arrest, and the charges against me regarding the “incident” on June 3rd, 2011.
A defendant may file a motion requesting a subpoena to call forth all witnesses and evidence that could favorably determine the outcome of the case, at no cost.
George Thomas, a professor of criminal procedure at Rutgers Law School in Newark, said he has not heard of a case where prosecutors denied a defendant all access to probable cause and doubts such a practice would be found constitutional.
He said the U.S. Supreme Court has ruled that probable cause must be present before a defendant can be arrested.
He said it is only logical that the defense should be able to challenge the adequacy of the probable cause.
And, I, Seth Brigham, have always maintained that I was arrested without probable cause, and, in fact, the police we’re abusing their positions, had no probable cause to question the homeless group, ID them and do background checks. And, in any case, I did not obstruct any police investigation.
For all of Tom Carr’s harsh rhetoric and lies concerning the case, no wonder he fears to release evidence yet received by my attorney, for example, taped interviews of two witnesses and photographs of the scene.
He is full of himself and was reckless with his statements. He spoke to my attorney in response to my attorney’s “upset” over the unethical nature of his Press Release.
He said he would not apologize or correct his statements in any way. I feel a need to redeem my name.
I’ve been able to find at least four witnesses that seem to have a recollection of the arrest much like mine.
The prosecutor, who told my lawyer that this deferred prosecution had no bearing on a possible civil suit I might pursue in the future, I find it disconcerting that she will now not cooperate.
TOM??? Do you have a response as to why you are circumventing my rights?
Seth Brigham
3383 Madsion Avenue #W225
Boulder, Colorado
80303
720-298-6711”
MUNICIPAL Court, city of boulder, state of Colorado Court Address: 1777 – Sixth Street, Boulder, CO 80302 Court Phone: 303.441.1842 |
COURT USE ONLY |
Attorney Name: Philip Bienvenu, 206 UCB, UMC 311 Boulder, CO 80309-0206 Attorney Reg. #: 10412 Attorney Phone: 303.492.6813 Attorney Fax: 303.735.5398 Attorney Email: bienvenu@colorado.edu |
Case Number: CR-2011-0009268-GE Division Courtroom |
MOTION FOR DISCOVERY |
Defendant in this case agreed to a Deferred Prosecution on 8-17-11. The following week, Defense Counsel informed the City Prosecutor that we wished to move forward with further discovery, in particular any contents of the case file maintained at the Boulder Police Department, whether or not those materials had yet been turned over to the City Prosecutor’s Office for its file. We are aware that such a separate file is routinely maintained in Municipal Court Criminal cases and the materials sometimes not turned over until the eve of trial. We were informed by the Prosecutor Ms. Michels that she considered the case files and materials no longer discoverable because the Deferred Prosecution is in effect. Defendant’s position is that the case has not been dismissed and is in fact subject to reopen on the Prosecution’s judgment call. There is nothing precluding continuing investigation and preparation for possible trial by either party to the case. We therefore maintain that discovery rights have not been waived or abandoned by the Defendant and should be honored as with any pending case not yet dismissed. The only way the Prosecution could cut off further discovery rights under the case would be full dismissal, which has not happened. Delaying discovery burdens and prejudices Defendant’s right to prepare for possible trial and to be ready should that eventuality become necessary. There can be no claim of prejudice or unfair burden on the Prosecution if this request is granted, because these are just rights the Defendant has in any pending criminal case, and concomitant duties of the Prosecution in any pending criminal case.
We therefore ask the Court to Order continuing discovery of all relevant materials in the case, including all material in the Police Department’s case file, including photos, interview tapes and/or notes, and all materials.
Respectfully,
_______________________________
Philip Bienvenu #10412
Attorney for Defendant
Boulder Police investigating attempted robbery at Ace Cash Express
Sep 6th
Police artist sketch of robbery suspect
Still on the Loose!
Police are searching for a male suspect who tried to rob a clerk at the Ace Cash Express at 3350 Arapahoe Ave. a little after 10:00 a.m. today.
The suspect approached the clerk and began a transaction. The female clerk was working behind protective glass and as she reached for his money through the small opening in the glass, the suspect grabbed her fingers and held on to her, demanding the cash she had been counting for him.
The suspect was bending the victim’s fingers back toward the glass during this conversation. She could not free herself from his grip, but he let go suddenly when he saw an unidentified male walk past the windows outside of the business. The suspect then ran away on foot, westbound on Arapahoe Ave.
A sketch of the suspect is attached. The suspect is described as:
· White male in his early 40s
· Curly, light-brown hair that was combed back, curly below the jaw line and in back
· 5’5”
· Medium build
· Wearing green shorts; shorts had either paint or drywall mud or bleach on them
· Dull white T-shirt
Police conducted a search of nearby businesses and a sweep of the bike path, but were unable to locate the suspect.
Paramedics checked the victim’s hand at the scene and it does not appear that she was seriously injured.
Anyone with information about this attempted robbery or who may recognize the suspect is asked to contact Detective Heather Frey at 303-441-3369. Those who have information but wish to remain anonymous may contact the Northern Colorado Crime Stoppers at 1-800-222-TIPS (8477) or 1-800-444-3776. Tips can also be submitted through the Crime Stoppers website at www.crimeshurt.com. Those submitting tips through Crime Stoppers that lead to the arrest and filing of charges on a suspect(s) may be eligible for a cash reward of up to $1,000 from Crime Stoppers.
— CITY–

Boulder Police chief Mark Beckner asks media vampires to “would you Please!”
Aug 24th
One recommendation we have to Chief Beckner is for the Boulder PD to put up Media information on their website. The following is Mark Beckners’ letter to the media:
Dear members of the media:
As you know, we are a mid-size agency in a college town with lots of activity that tends to draw media attention. Unfortunately, we only have one PIO. While we take our media relationships, opportunities and responsibilities seriously, it is not reasonable to ask or expect one person to be on call 24 hours a day, 7 days a week. We have established some guidelines in the past with previous PIO’s and identified procedures the media should follow in getting updates or information after hours. Over time, and as turnover has occurred, these procedures have not been utilized. Although not new, I’d like to remind everyone of what these procedures are.
- · Our PIO is generally available (303-441-3370) and happy to help you with all your inquiries during normal working hours (M-F, 8:00 am – 5:00 pm, with the exception of holidays and vacation). If you would like an update on a major case, we request that you call toward the end of the normal work day (M-F, 8:00 am – 5:00 pm) to obtain the latest information, rather than waiting until the evening hours to call. If not immediately available during business hours, our PIO will get back to you as soon as possible.
- · If you have routine questions or want some information on something that has happened or is happening after hours, the proper procedure is to call our dispatch center at 303-441-3333. Dispatch will field your request and forward it to an on-duty supervisor who will get back to you as soon as he/she can. Calling our PIO after hours is not helpful, as she is unlikely to have immediate access to the information.
- · We recommend that weekend reporters look ahead for stories they may wish to cover on the weekends and conduct any necessary interviews in advance. Unless something new develops or assistance is requested by an incident commander, our PIO will not be available for standup interviews to help media organizations catch up on stories that occurred during the work week.
- · Should we have a major event or major crime develop after hours that we know will attract a lot of immediate media attention, or there is a public safety need to get the information out quickly, the incident commander will contact our PIO to assist with providing you with information in a timely manner. This may occur in the form of a press release and phone interviews or the PIO responding to the scene. If the PIO is not available, someone will be assigned to act as a PIO for the particular incident, usually a Sergeant or Commander
- · If you need a copy of a closed or cleared report, you may contact our Records and Information Services unit (RIS) at 303-441-3300. This number may be called at any time of day as RIS is typically available 24 hours a day (except some holidays). RIS is the only unit that can release reports. Calling the PIO for a copy of a report can actually take more time, as she has to relay the request to RIS for processing. The RIS staff will be able to tell you if the report is available to the public. Reports on open investigations are generally not available to the public. Our PIO can answer questions about individual cases or provide general information, but is not expected to read case reports to
reporters over the phone.
Please know that it is unlikely that an after-hours on-duty supervisor will be able to give you updates on cases being investigated by detectives or those that occurred on a previous shift. For these situations, it is best to check in with the PIO during regular hours. If something new should happen in one of these types of cases after hours and immediate release of this information is necessary, the detective commander will contact the PIO and ask her to alert you
We are committed to be as informative as possible and we greatly appreciate the opportunity to work with you on communicating important public safety information. These procedures are intended to help meet your needs while recognizing the staffing limitations of our department.
Please let me know if you have any questions about these procedures. Thank you for your understanding and cooperation.
Mark R. Beckner
Chief of Police
Boulder, Colorado