Aaron's Real Opinions (Yikes!)

Four-Lawyer Debate -- New Denver D.A. Holds His Ground
06-30-05

On "The Aaron Harber Show" tonight (KBDI-TV Channel 12 at 9:00 pm, Friday, July 1st) and this Sunday (2:00 pm, Sunday, July 3rd), Mitch Morrissey, the new Denver District Attorney, is the featured guest. Joining Morrissey are former Denver D.A. and current national legal commentator Norm Early and two famed defense attorneys, each of whom has served as President of the Colorado Criminal Defense Bar -- Larry Pozner and Phil Cherner.

The program is the first in a two-part series on the Criminal Justice System and how in works in Denver. When asked what the biggest challenge facing the D.A.'s office was, there was some consensus that sex offenses were the Number One issue. The difficulty of responding to "hot button" issues in a political, rather than a reasoned, judicious manner also was discussed. Concern was expressed that the pressure of public opinion could lead to bad decisions on the part of the D.A.'s office.

The defense attorneys argued that the D.A.'s office had lost some of the cooperative spirit which was more common in previous years and that the process had become more of a "war" -- with deputy and assistant D.A.'s prosecuting cases being less willing to negotiate reasonable plea bargain deals and, instead, an emphasis on getting as many convictions as possible.

The program also explores "charging standards" -- i.e., what a prosecutor has to have before filing a case -- and how those standards have evolved from charging a person with a crime if there is "reasonable cause" to the higher and tougher standard used today -- i.e., not charging a person unless there was a reasonable likelihood of actually winning the case.

One of the last issues discussed was the punitive use of arrests. The defense attorneys' complaints were based on the fact there were defendants who cooperated fully with the authorities and made arrangements to be arrested and, instead, the D.A.'s office had them arrested at places which were embarrassing (such as the workplace). They argued this was unnecessary for those who were cooperating fully and that this practice should be changed.

Part II of the series will air next week.

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Aaron Harber hosts "The Aaron Harber Show," seen Fridays at 9:00 pm and Sundays at 2:00 pm on PBS Station KBDI-TV Channel 12. Please go to www.HarberTV.com for more information. Send your comments and topic suggestions for both columns and TV shows to Aaron@HarberTV.com. You also may view programs on a 24/7 basis via the "Broadcast Videos" section of the Website. Many of Aaron's columns also are available on the Website on the page entitled "Aaron's Opinions." You often can find them in The Colorado Statesman (www.ColoradoStatesman.com) as well as in The Denver Daily News (www.DenverDailyNews.com).

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