Posts tagged city
Feed bears and they will eat
Sep 23rd
The City of Boulder reminds residents that this is the time of year when bears are foraging for food, in preparation for their winter hibernation. It is important that residents take measures to deter bears by securing any potential food sources on their properties.
Bear-proofing food items and trash is the best way for residents to minimize the chances that bears will show interest in their property. Common bear attractants include garbage, compost, bird feeders, food from outdoor grills, pet food left outside and fruit from trees. The city recommends that residents store garbage and compost bins in a garage or shed until the morning of collection, or keep their waste in a bear-resistant trash container. Residents within the city limits of Boulder can contact Western Disposal at 303-444-2037 to purchase bear-resistant trash containers.
Bears that learn that people are a source of food are sometimes killed to keep the public safe. Over the past six years, five bears have been killed in the city because of nuisance behavior or a threat to public safety. Please do your part to ensure that bears are not unnecessarily attracted to your property.
If there is a bear in your backyard, the following tips are recommended:
Keep your distance. Back away slowly from the bear, ensuring it has a clear escape path;
Never run. Running may cause a bear to chase you;
Never approach a bear, or get in between a cub and its mother;
Never provide food to a bear. This teaches it to approach people for food;
Do not let the bear become comfortable around your home; and
Once you are safely inside, do your best to scare the bear away. Yell, clap your hands and make other loud noises to encourgage the bear to leave.
If the bear is threatening human safety, pets or destroying property, call the police at 911. Report past bear sightings and encounters at 303-441-3004.
The city is in the final stages of developing the Black Bear and Mountain Lion component of the Urban Wildlife Management Plan (UWMP) and has prepared a draft version for public input. To view the draft plan and submit feedback, visit www.boulderwildlifeplan.net. Feedback provided prior to Sept. 28 will be incorporated into the Oct. 18 memo for City Council’s consideration.
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
Commissioners to jiggle district boundaries?
Sep 12th
Boulder County, Colo. – The Board of County Commissioners is now considering a fifth proposed district boundary alignment for Boulder County.
Based on public feedback to the original four options, the commissioners directed staff to draw up an additional option for them to review before making a decision prior to the redistricting deadline of Sept. 30.
Option E is the latest option available for comment and was created according to the following guidelines:
• Keep communities of interest intact (for example, commissioners heard that Niwot and Gunbarrel prefer to be aligned together with east county communities).
• Use clear boundary lines.
• Allow for growth.
o Option E places more population (approx. 100,000) in District 1, which includes the city of Boulder, because it is expected to grow the least. Districts 2 and 3, which are expected to grow more, have populations of roughly 96,000 and 98,000, respectively.
The commissioners will consider all district options and make a final decision at a business meeting scheduled for 10:30 a.m. on Tuesday, Sep. 27, in the Commissioners’ Hearing Room.
Additional comments may be submitted to commissioners@bouldercounty.org.
Per state statue, County Commissioners’ districts must be revised after each federal census to assure roughly equal population per district. Boulder County is divided into three districts and one commissioner is elected from each district by the voters of the whole county.