Posts tagged City Attorney
Boulders’ Capt. Underpants ( Seth Brigham) rides again
Oct 15th
Why did the Boulder Police Department stop at two witnesses being interviewed when I gave them three additional witnesses that also had a recollection of events similar to mine?
Chief Beckner? is it because you might be getting too close to the truth, that your officer actions were uncalled for and she lied about the incident after the fact to cover her own wrongdoing.
Seth Brigham
720-298-6711
On Oct 15, 2011, at 10:01 AM, SETH BRIGHAM wrote:
It seems my written request to The Boulder Police Department changed their mind, when I received a call to pick up some materials, no thanks to Tom Carr, who denied my request.
Still, they claimed to have no documents in the property/evidence department. There are no documents, notes, e-mails, communications other than the Police Report 11-6851?
I would expect there must still be a file of documents, something, that pertains to the case, like detective notes, e-mails, for example, between myself and Chief Beckner and Yamaguchi?
I have those e-mails.*
But, there is no record of that?
As well, I made an official complaint of the actions of the arresting officer to Sgt. Kerry Yamaguchi who was supposed to investigate such complaints. I never got a response from Yamaguchi.
So, no investigation was pursued or Beckner took it upon himself to have two witnesses I identified to be contacted and interviewed? He e-mailed a response to me but that’s not part of the record?
Isn’t any action by The Police department or public officials in regard to my charges, arrest, saved as evidence? And, I expect, suspect, that there was some communication between public officials about my arrest.
Surely, there is more that the Boulder police department has than this “evidence” on CD of two interviews* of two witnesses and photographs* of the “scene” that came about due to my advocacy, my complaint.
So, my request is down to any documents or e-mails, communications between the parties; The City of Boulder, any public officials, City Manager, even Carr… The Boulder Police department? in regard to my arrest on June 3rd, 2011.
Strange, I thought they saved any and all, as required in case there is a defense ? I suspect some “meddling” by Boulder Public officials ( that includes member or members of City Council, City Manager and/or City Attorney as evidenced by the reckless and defamatory Press release ), so I ask, request, that you fish for all “documents” other than that I have described as getting *.
Seth Brigham
3383 Madison Avenue #W225
Boulder, Colorado
80303
720-298-6711
On Oct 14, 2011, at 12:07 PM, North, Sandy wrote:
C I T Y O F B O U L D E R, C O L O R A D O
Office of the City Manager
Municipal Building
1777 Broadway
Post Office Box 791
Boulder, Colorado 80306
Telephone (303) 441-3059
Facsimile (303) 441-4925
Date: 10/14/2011
Recipient: Seth Brigham
Address:
E-mail reply only: Sethbrigham@gmail.com
Re: Open Records Request: duplication of all the documents, photographs, interview of witnesses, everything and anything related to my arrest on June 3rd, 2011, case/ report 11-6851
Dear Mr. Brigham,
The City of Boulder has received your open records request, pursuant to C.R.S. 24-72-201. This request was received in the office of Central Records on October 13, 2011 at 12:14 PM.
The City’s policy on open records requests is to assess a reasonable charge for research, retrieval and copying of records to allow recovery of the value of a portion of staff time required to respond to open records requests. An estimate of the cost of this request will follow and compiling of the requested information will begin as soon as we receive payment. Because this request is considered voluminous in the amount of time required, you have the opportunity to review your request and determine if you would like to revise, redefine, and narrow the scope of your request.
The city can provide only public records that are not privileged and documents that already exist. The city does not have the resources to compile information in all forms requested, but will provide the records only in the form maintained by the city. Common privileges for documents include and are not limited to attorney/client work-product. Work product and drafts which are advisory or deliberative in nature and which are created for the benefit of elected officials are not public records. Furthermore, documents where release is contrary to the public interest may be withheld in accordance with the Colorado Open Records Act, C.R.S. 24-72-201, et seq.
An additional per page fee for copying may be assessed at .25 for a letter size black and white copy, and payment for the copies is required prior to pick up.
Sincerely,
Sandy North
To: North, Sandy
Cc: Council; Brautigam, Jane; Urie, Heath; Erica Meltzer; Pamela White; Jefferson Dodge; Christopher Dodd; David Lane; juddgolden@hotmail.com golden; Philip M Bienvenu; Smoke, Rob; Jann Scott; OpenForum; Erika Stutzman; Michael Roberts
Subject: Open records request for all documents, duplication of materials related to Police report/ case 11-6851
Dear City of Boulder Records,
I am requesting a duplication of all the documents, photographs,
interview of witnesses, everything and anything related to my arrest
on June 3rd, 2011, case/ report 11-6851 …
I am requesting anything pertaining to the case, other than the police
report itself, from the Boulder Police Department, The City of Boulder
and any public officials who may have become involved in any way,
shape or manner.
I have previously agreed to a deferred prosecution, which means that
the case is not pending, and I am considered innocent until proven
guilty.
There is no trial set. And, if there were, I would have the right to
these materials, evidence. If the charges were dropped, I would still
have that right.
Under law, the person, I, Seth Brigham, to whom the records pertain
has the right to obtain the records.
A criminal justice record means any writing made, any materials,
evidence, maintained, or kept by a criminal justice agency.
I believe this also goes for Boulder City Government.
It is my suspicion that public officials may have intervened in my
case and their may be communications between the parties; Boulder
Police department, City Attorney, City manager, City Council member(s)
that may have “prejudiced” my case,
as a Press release was released by the City attorney with consent from
The City manager and /or other public officials immediately after I
agreed to a deferred prosecution.
I had no idea there was a vendetta against me, retribution for finding
the City of Boulder at fault in another arrest of myself, Seth Brigham.
I believe charges would have been dropped had I not been Seth Brigham.
Review the Police report and you will see what a weak case the
prosecution had.
Records of official actions must be disclosed by the criminal justice
agencies when requested. I believe the same goes for The City of
Boulder and Boulder public officials.
It is a basic right. And, one would wonder why our fair city would
deny me this right except that they are covering up their own
wrongdoing(S).
So, what is the City of Boulder and the Boulder Police department
afraid of. They have already convicted me in the press.
Do I not have the right to the information needed to clear my name and
show that wrongdoing by the Boulder police department; false arrest
and infringement on my right to free speech.
Does the city have a right to cover their “tracks” in fear that they
will be sued??? The City Attorney refused to back off his statement
which was filled with lies and slander and now he is afraid that the
evidence will show otherwise.
Is this open government in action in Boulder? I think not.
Seth Brigham
3383 Madison Avenue #W225
Boulder, Colorado
80303
720-298-6711
Capt. Underpants sues the city Again! Here we go Boulder
Sep 13th
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
Police investigate Seth Brigham for Criminal Charges related to recent attack on Boulder city council
Nov 11th
“You are the subject member in the investigation because it is your behavior that created probable cause to believe you violated several laws, including city ordinance 5-5-1(a) Obstructing Government Operations; C.R.S. 18-9-108, Disrupting Lawful Assembly; and 18-9-110, Public Buildings – trespass, interference. Our investigation will document what occurred, what violations occurred, and what warnings were provided (letter from City Manager). Any future criminal behavior on your part will likely result in more”than just a warning.”
Brigham has also received a letter from the city manager telling him he was being investigated. Mayor Susan Osborne also wrote to Brigham telling him ” there were consequences”
Brigham has created an email thread over the past week where he included amongst others Boulder Channel 1 and Judd Golden from the ACLU. Golden was a willing recipient in the email thread but singled out chief Beckner here showing his biased aganst Police :According to Judd Golden in a letter Today to Chief Beckner: ”
“Please do not continue to copy the Boulder County ACLU on these messages regarding Seth Brigham.
The ACLU has no information about this incident. We do not represent Mr. Brigham or speak for him. The ACLU takes no position on his conduct which is the subject of this email thread or the law enforcement response thereto. However, as we have repeatedly stated: The ACLU urges Council to make needed changes in the rules of decorum for public participation as has been proposed to Council by the City Attorney.”
Brigham has admittedly suffered from mental health problems, but his recent appearances at Council have him drunk and disorderly according to witness’s.
As a point of disclosure Seth Brigham has been a contributor to Boulder Channel 1 news. This story is about him, not by him.