by Mark Smiley | Jun 20, 2014 | Main Articles
Calls City’s Actions A ‘Sham, Disgraceful’
Will A Federal Investigation Reach Up Into The City Attorney’s Office?
In Courtroom A802 in the Alfred A. Arraj Federal Courthouse an amazing battle is taking place in which longtime federal district court judge John L. Kane is taking on large portions of the government of the City and County of Denver. His actions make it abundantly clear that he believes that the Denver’s Sheriff’s Office is corrupt along with the Internal Affairs Bureau of the Police Department. He also appears to believe little that is told to him by the City Attorney’s Office of Scott Martinez and he clearly plans to do something about it.
The case before Judge Kane was brought by Jamal Hunter, a former inmate in the city jail against the city and two sheriff’s deputies he claims brutalized him and incited other inmates to beat and torture him. Hunter was in the city jail on a misdemeanor domestic violence charge when he was placed in a pod with a group of gang members from the Bloods organization. They decided that he must be a snitch and with the help of a shockingly corrupt sheriff’s deputy, Gaynel Rumer, they decided to viciously retaliate against him by beating and scalding his genitals with hot water. Hunter brought suit against the city and taped interviews by Hunter’s attorneys brought shocking, additional allegations against Sheriff’s Deputy Gaynel Rumer who it was alleged to be drunk on the job and helped gang members run a black market involving drugs and porn at the jail.
In response, the Denver Police internal affairs started an investigation ostensibly about the deputy’s misconduct although it is unclear why the Sheriff’s Department’s own internal investigation unit was not used. The tapes of the interviews of witnesses eventually made public appear to show that the police investigators were attempting to silence and intimidate the witnesses from testifying in the civil case and not to investigate wrongdoing by the deputies.
The City Attorney’s office and private attorneys hired by t
he city fought furiously to keep the jailhouse tapes and the taped interviews by Denver internal affairs officers from going public. Legal experts indicated that Denver’s legal pleadings to the court on the matter verged on the incoherent. The city also sought to go on a public relations gambit relating to the actions of its employees.
Police Chief Robert White told Channel 31 KDVR prior to any tapes being made public that “I feel very comfortable in saying I don’t think that there’s any improprieties on the part of our investigators as it relates to this particular incident.” It was widely assumed that he could only make such a statement from reviewing the tapes which were readily available to him for months. The statement would appear to imply, if not outright declare, that witness intimidation and witness tampering are a regular part of the pattern and practices of the Denver Police Department. His statement may in the end cost Denver large monetary judgments in the Hunter case and cases to come in the future.
Judge Kane swiftly brushed aside the legal arguments by Denver against public disclosure and quickly ordered the release to the public the tapes and other evidence. Judge Kane was evidently shocked by what he heard on the investigators’ tapes. He called the city’s investigation a “sham” and the police officers’ conduct “egregious.” He declared: “The recording and the transcript of it show a deliberate process of intimidation. …”
He strongly requested that U.S. Attorney for Colorado John Walsh start “an investigation of the pattern and practice of the Denver Police Department and the Denver Sheriff’s Office.” He noted that whether Walsh does so is not “entirely within his discretion” and he would require Walsh to appear before him in public on his decision.
He also took the extraordinary step of ordering all of the city’s depositions of inmates and former inmates to be taken in his courtroom which he would attend, to be sure the city did not again attempt to intimidate or tamper with witnesses.
Kane has had run-ins with the Denver City Attorney’s Office before as he noted “the measures I take to put a stop to this are certainly influenced by previous conduct of the City and County in other cases.”
In 2011 the City Attorney’s Office repeatedly claimed it was unable to provide excessive force complaints against the Denver Police Department pursuant to discovery requests. The city settled one case for $225,000 rather than produce all the records after Kane threatened to fine the city $5,000 a day. Another excessive force lawsuit was brought by a different plaintiff and the City Attorney’s office obstruction continued. In this subsequent case Judge Kane threatened to send federal marshals over to the Internal Affairs Bureau to seize all of its files on excessive force complaints. That case was also settled for purportedly a large sum.
Lawyers from the City Attorney’s Office are reportedly fearful of appearing before Judge Kane with arguments that are to many observers at best specious. The City Attorney’s Office now hires outside attorneys in cases before Kane at an enormous cost to the city based on dubious assertions of conflict of interest.
What is next? Many feel the city will now attempt to settle the Hunter case at almost any cost. It is said that both the City Attorney’s Office and the District Attorney’s Office fear the United States Attorney will look into their lawyers’ conduct in the Hunter case. Both offices were well aware of the criminal conduct of both the Sheriff’s Deputies and Denver police officers yet did nothing and repeatedly refused to bring charges against anyone or take any action whatsoever. Many believe that the corruption at the law enforcement agencies in Denver will never end until the city attorneys are investigated and brought to justice.
While the nexus of corruption may lie at the City Attorney’s Office most believe a whitewash will occur. They point to the 1960s “Robbers in Blue” scandal where over 50 Denver officers were convicted and incarcerated for robbing stores throughout Denver. Not a single ranking officer was brought to justice nor was the City Attorney’s role ever disclosed or even brought up. Historian David Johnson stated: “All the higher ups were protected which is what will likely occur once again and the corruption will continue on unabated.” Other observers note that the plaintiff’s attorneys firm, Rathod, Mohamedbhai, LLC, must negotiate with the City Attorney’s Office for settlements so they make sure that they treat those lawyers with kid gloves.
Jeri Jones, a local historian, declared that: “This is ‘High Noon’ meets ‘Shawshank Redemption.’ In High Noon, Sheriff Kane had to face the bad guys alone as the mayor and town officials leave town. That brings to mind if anybody has seen Mayor Hancock anywhere or making any input on the corruption of his Police and Sheriff’s Departments. In Shawshank Redemption the corrupt jailers beat and allowed prisoners to be tortured just like the Hunter case. Hopefully Judge Kane will bring to justice the many bad guys in this case including the higher ups.”
Judge Kane finished the June 6 hearing with a stirring declaration:
“All I want from them [the inmates and former inmates] is the truth. And I realize that many of them do not trust this institution any more than they do the others, but the fact of the matter is, is that this Court has done nothing to deserve the trust that they should have in it. So if they’ve got any place at all to be, this is it.”
by Mark Smiley | Jun 20, 2014 | Main Articles
710 KNUS Every Saturday Morning 6-9 a.m.
by Keith Thompson
The highly rated and critically acclaimed Chuck and Julie Radio Show is back on the air and can now be heard on 710 KNUS Saturday mornings. The show dominated the ratings when it was on 850 KOA but was cancelled last December as Clear Channel went into a massive cost cutting effort shelving a great deal of local programming across the country, including Denver. Whether you’re a political junkie, avid talk show listener or a mom driving kids around on a Saturday morning, the Weekend Wakeup Show with Chuck and Julie on Newstalk 710 KNUS radio is intended to reach a broad audience.
The program is hosted by Chuck Bonniwell, owner and publisher of the Glendale Cherry Creek Chronicle and Julie Hayden, an Emmy award-winning television reporter at KDVR Fox 31 News. The couple is married with a three-year-old son.
KNUS, which is part of Salem Communications, has decided to make a major in
vestment into local programming in Denver hiring some of the best talent available in the Rocky Mountain region. Kelly Michaels, Operations Director for Salem Communications in Colorado, stated, “We are thrilled to have been able to land Weekend Wakeup with Chuck and Julie. While our main competitors are cutting back in Denver were are expanding and we intend to make KNUS the top newstalk station in the entire area.”
Bonniwell notes, “While other radio stations are doing less local programming and relying more and more on canned, nationally syndicated shows, KNUS is dedicated to doing what radio does best and that is focus on what’s going on locally, in our own communities.”
Hayden says, “We like to keep things upbeat. We tackle serious topics but we also like to give listeners something to smile about.”
Weekend Wakeup is already breaking ground in talk radio circles. It was the only local Denver radio program to feature Dave Brat a couple of weeks before his incredible upset victory over House Majority Leader Eric Cantor in Virginia’s GOP 7th District primary. Bonniwell predicted not only Brat’s victory but also the political tsunami that followed.
Other programs have featured Colorado GOP gubernatorial candidate Mike Kopp. While Kopp was on air, the show broke the news that a controversial negative ad run against Tancredo in favor of Kopp was in fact funded by former U.S. Senator and Kopp supporter Bill Armstrong to the apparent shock to the candidate. That show also featured the lawyers in the center of a federal judge’s battle for justice with Denver’s Police Department (see lead story on page one).
Bonniwell says, “We’re fair, but we hold politicians’ and newsmakers’ feet to the fire and ask the tough questions. We hope our listeners come away from the program having learned something. And we encourage people who don’t agree with us to call in. A good debate gets everyone thinking.”
And they also have fun. Hayden says, “We enjoy doing the show, and are always impressed by how intelligent the listeners are.” She adds, “We’re working parents with a toddler, I have a grown daughter and parents who are on the other end of the spectrum. We have something in common with just about everyone and feel like we really relate to the topics that matter to our listeners, whether it’s figuring out the best school for your kids, what’s going on with the economy, as well as national and international concerns.”
Bonniwell says, “I am passionate about politics and enjoy discussing the latest issues, everything from local city councils, state and national elected officials or Iraq.”
Because of their newspaper and television careers, Bonniwell and Hayden are plugged into the latest hot topics in the news.
Admitting it’s not always easy to get up at 4 a.m. on a Saturday to prepare for the show, Bonniwell says nonetheless that it is something they are happy to do. “Weekend Wakeup is a labor of love for us. We’re grateful for the opportunity. And if you’ve been craving great, local talk radio on the weekend or just want to have something fun and interesting to listen to as you start your Saturday, we hope you tune in to 710 AM KNUS, every Saturday morning.”
by Mark Smiley | Jun 20, 2014 | Travel
Denver Botanic Gardens has presented the Rocky Mountain Region’s first major outdoor exhibition of artwork by celebrated American artist Dale Chihuly. The exhibition is on view at the York Street (1007 York Street in Denver) location until November 30, 2014. Informed by nature, each installation responds to surrounding plants, flowers and architecture.
The exhibit has gotten a mixed reception to date. The Denver Post managed to both condemn and praise the display in separate parts of the paper. In its “Ärts and Culture” section it blasted the exhibit as “invasive” and “fake” while over on its editorial page the paper hailed it as a “visual tour de force.”
Chihuly’s sculptures — ranging in size and style from small water floats to a 30-foot tower — have added bold colors to the Gardens’ 24-acre urban oasis. Site-specific sculpture installations are presented in 12 locations throughout the Gardens. A looping video features a comprehensive survey of his work and process. “I would say his work is pretty organic in nature and that would be the way he approaches things,” said Britt Cornett, the head of the exhibition.
Shop at the Gardens offers a retail gallery of original Chihuly works. No artwork will be on view at Mordecai Children’s Garden or the Chatfield site. “We are thrilled to welcome Chihuly to Denver Botanic Gardens,” says Brian Vogt, CEO of the Gardens. “This special opportunity brings an internationally recognized artist to the Denver metro area and the Rocky Mountain West. The iconic artwork enhances the Gardens’ living collection in a powerful, yet graceful way that is at once familiar and other-worldly.”
Born in 1941 in Tacoma, Washington, Dale Chihuly was introduced to glass while studying interior design at the University of Washington. After graduating in 1965, Chihuly enrolled in the first glass program in the country, at the University of Wisconsin. He continued studies at the Rhode Island School of Design (RISD), where he later established the glass program and taught for more than a decade.
In 1968, after receiving a Fulbright Fellowship, he went to work at the Venini glass factory in Venice, Italy. There he observed the team approach to blowing glass, which is critical to the way he works today. In 1971, Chihuly cofounded Pilchuck Glass School in Washington. With this international glass center, Chihuly has led the avant-garde in the development of glass as a fine art. He lost an eye in an automobile accident in 1976 in England, and he now sports a rakish looking eye patch.
His work is included in more than 200 museum collections worldwide and Chihuly is one of three living American artists to have a solo exhibition at the Louvre in Paris. Chihuly does have his critics some of whom claim his artistic repertoire tends to be rather limited in nature
The Denver Post Fine Arts Critic Ray Mark Rinaldi stated, “It’s hard to say why the garden would let an invasive species like Chihuly take over so completely. Why put fake flowers next to real ones? It’s tempting to connect it to the number of tickets it will sell, offering quick thrills over that thoughtful throughline that can make art and nature copacetic.” He was not through, “It’s all competition for the plants and flowers and disruptive to the paradise so many of us run to when we need to escape the urban clutter.” He went on to trash the new construction projects at the Gardens indicating that “greenery might be a better option.”
Apparently in fear of what city officials, Botanic Gardens administrators and Chihuly fans might say, The Post prepared a somewhat unique editorial underneath another editorial call for more gun control. In it the Editorial Board opined, “And take it from us.” [And apparently not from The Post’s Fine Arts critic.].”Far from being a distraction from the main core attractions . . . the Chihuly sculptures fit niftily into the landscape, often with stunning results.” The Editorial Board went on to fulsomely praise all the new construction projects on the premises.
The controversy should draw great crowds to the Botanical Gardens this summer and fall with folks wanting to see what the hubbub is all about and determining which side of the dispute they fall on.
The Denver Botanic Gardens’ summer hours are 9 a.m. to 9 p.m. Weekdays and 8 a.m. to 9 p.m. Saturday and Sunday. For more information, visit their website at www.botanicgardens.org.
by Mark Smiley | Jun 20, 2014 | Editorials
The Chronicle has received scores of emails and telephone calls relating to our June editorial “Task Force’s Solution For Cherry Creek’s Parking: Of Course Provide Even Less Parking.” Most of the communications from residents and businesses praising us for bringing forth the apparent absurdity of solving Cherry Creek North’s parking and traffic problems by approving massive height and density while at the same time providing a fraction of the needed parking, a point every other news outlet ignored or failed to mention.
However, we also received communications from various members of the Cherry Creek Zoning Technical Task Force and its supporters informing why we were wrong. We reproduce in full, three of the more articulate critiques of our editorial from two members of the task force (Brooks Waldman and Wayne New) as well as a leading candidate to replace Jeanne Robb as the councilmember for District 10 which includes Cherry Creek (Roger Sherman).
Each of the individuals is an articulate spokesman for the work of the Task Force. In addition members of the Editorial Board have met in person with each of them and each evidenced a real concern for the well-being of the Cherry Creek neighborhood and the people who live and work in the area. Nevertheless, it is not easy to defend the indefensible as they valiantly try to do.
Various members of the Editorial Board have been part of developer teams and/or have represented developers before city boards and city councils. We know that most developers almost always underestimate the amount of parking that their projects need and demand that the public fix the problem on the public’s dime after the project is completed. Case in point is the highly successful City Set project in Glendale recently completed at the corner of Colorado Boulevard and Cherry Creek Drive South.
The developer Stonebridge Companies based in Englewood demanded that the city approve the development plan with 20% less parking than required under the city’s regulations and ordinances based on a misleading parking study. Now that the project is a success the entire development is constrained by the lack of parking Stonebridge refused to provide. As is standard operating procedure Stonebridge wants the city to solve Stonebridge’s self-induced parking problems by giving the development 70 dedicated parking spots along Ash and Exposition streets. In the end, Glendale will undoubtedly be helpful and give Stonebridge what it wants with some modest modifications.
The problem with the recommendations by the Task Force is that they are so extreme in favor of developers that any future attempts to remedy them will be impossible or so expensive that they will bankrupt the area, its residents and small businesses. With that caveat in mind, here are the responses to our editorial without edits or deletions:
The opening statement in the Glendale Cherry Creek Chronicle’s editorial of June 2014 is: “Notwithstanding the general popularity of the Cherry Creek area, the reasons some people give for not wanting to visit Cherry Creek North include the lack of off-street parking and, more recently, traffic jams.” This is probably accurate, as far as it goes, but just one piece of a much larger story behind the BID/rezoning Task Force’s work.
The Cherry Creek Business Improvement District (BID) and the Cherry Creek area in general is experiencing a surge of residential growth, predominantly multi-story rental housing, which reinforces the “regional center “ designation identified in the 2012 update of the Cherry Creek Area Plan. Traffic and parking were a big part of the 2 year community discussions leading up to the approval of the plan. Currently the surge in building and infrastructure construction (University out-fall storm sewer) has contributed to the validity of the opening statement in the editorial. However, the much larger and overlooked story that should have been told is about the start of implementation of a vision for Cherry Creek as a multi-modal and transit connected town center with much more reliance on biking, walking and transit connectivity. Indeed, Transportation Solutions, the area transportation management association, has worked with Glendale, Cherry Creek, and RTD leadership toward that goal.
The charge given the Rezoning Task Force, by Councilwoman Robb, was to create a new zoning district that encourages and supports the plan vision. The parking recommendation from the Task Force is equal to or higher than minimum suburban parking ratios in the 2010 Denver zoning code (though slightly less than what the Urban Form Study recommended for retail/ restaurant parking). In discussion, the Task Force realized that with viable and inviting alternative modes of movement people are making transportation choice less dependent on automobile ownership. In fact, the recent growth in Cherry Creek of B-Cycles, Car2go and other alternatives are rapidly changing the equation. An explosion of new residents, living, walking, working, shopping and playing in CC will help support the lower parking ratios. I would bet that nearby Glendale will find themselves moving in the same direction in years to come. Thank you for the parking piece, but more complete coverage of the larger story would be appreciated.
Brooks Waldman
Past President, Cherry East Association
Vice Chair, Cherry Creek Steering Committee
Member, BID/rezoning Task Force
The Cherry Creek Area Plan was adopted two years ago and there has been considerable effort to implement the plan since then. The Cherry Creek Steering Committee and the Zoning Technical Task Force are to be commended for accomplishing one of the plan’s most important recommendations — recalibrating the C-CCN zoning.
Contrary to your editorial position, the Task Force’s recommendation strikes the right balance on parking requirements. The task force evaluated parking conditions in Cherry Creek North and reached consensus on the appropriate parking requirements for an area that prizes its walkability. Too much required parking can prove to be just as challenging to the prosperity and quality of a district such as Cherry Creek as too little.
Now, it is time to implement the plan’s multimodal transportation recommendations. Enhancing the quality of place throughout Cherry Creek should be our focus — along with making walking, biking, transit and, yes, driving viable options for all our trips in and around Cherry Creek. If you design communities for automobiles, you get more automobiles. If you design them for people, you get walkable, livable communities.
As a candidate for City Council, I know people are rightfully looking to me for ideas on these critical issues, so let me suggest we start with four priorities:
- Improve transit service between Cherry Creek and downtown and along Colorado Blvd. The private-sector and city are rightly looking at alternate funding scenarios as RTD can’t do it alone.
- Designate the Cherry Creek area as a “Pedestrian Priority Zone” and fund additional pedestrian improvements such as raised crosswalks, median crossing islands and sidewalk bulb-outs, which are especially needed along Steele as well as Alameda Parkway and First Ave.
- Install protected or dedicated bicycle lanes and improve connections between Cherry Creek and surrounding neighborhoods as well as the Cherry Creek Bike Path.
- Identify traffic calming measures to lower speeds along Speer Blvd. and 6th Ave. which might include wider sidewalks and narrower travel lanes. Perhaps if we actually reduce speeds, safety would be improved and the photo-radar debate would become moot?
I appreciate your interest in Cherry Creek and enhancing the area’s best qualities. I look forward to continuing a spirited dialogue about this community that we all care about so much.
Sincerely,
Roger Sherman
Candidate, Denver City Council District 10
I would like to state right off the top that I appreciate the Chronicle’s questioning the decisions of both elected officials and community leaders, especially including those of us who are running for office. Transparency and accountability are of paramount importance, and I hold myself to these ideals. I also appreciate your inviolate commitment to these ideals.
In your June 2014 Editorial, you quoted me correctly. I did say that the proposed Technical Task Force zoning parking ratio recommendations fit “very well” (with proposed CCN BID development). The mistake I made was that I did not take the time to explain that, if the parking ratios are not met, then it will require a decrease in building size and density. My support was due to a thorough analysis of the issue and was discussed with CCN residents. It was surely not an overnight decision nor one that was pressed upon me at all by Planning, developers, or any other party.
The parking ratios were thoroughly analyzed and discussed by Task Force members, BID property and business owners, and neighborhood residents who attended our meeting. With professional architect advice I personally analyzed over 40 parking ratio test cases on BID properties to determine parking ratio fitness and building effect. As shown in the parking ratio comparison chart*, there is no doubt it was a zoning compromise but one that should benefit all residential and business parties.
I am confident you realize that these C-CCN District rezoning recommendations were determined through years of volunteer hard work, time consuming research, expensive analyses, discussions, and negotiations with our residents and community leaders. To explain further I am attaching a more detailed description on how parking has been a major concern over the past several years.
All members of the Technical Task Force have worked diligently and thoughtfully to reach the best possible balanced outcomes on C-CCN Rezoning. My only hope is that zoning agreements will be fully enforced and utilize “smart development” — a balanced approach that enhances the quality of residential life while promoting commercial growth and success.
Thank you for expressing your concerns and allowing me the opportunity to explain and emphasize how the C-CCN rezoning was determined and will benefit Cherry Creek North.
Sincerely,
Wayne New
Past President, Cherry North Neighborhood Assn.
Member, Rezoning Task Force
Candidate, Denver City Council District 10
Supporting Documents Submitted by Wayne New:
Document #1
Document #2
by Mark Smiley | Jun 20, 2014 | Valley Gadfly
Oh, the simple joys of summer: It’s the season when we walk barefoot in the grass; we watch kids run through sprinklers and throw themselves with abandon onto Slip-and-Slides; and we wear straw hats, t-shirts, sundresses and sandals while eating ice cream. Our gloomy weather had us always saying, “Oh, heaven let your sun shine down.”
Something had to give to drive away our climate madness. Valley neighborhoods have been looking to the sky, wishing on a star and waiting for a brand new start.
Here are our choices for shopping, dining and entertainment to swing into summer enjoying an enlivening, relaxing time filled with ways to make days brighter:
3 Swing into summer on a high note as you enjoy live music in the fresh air at the Shady Grove Picnic Series in Four Mile Historic Park. Weekly series is on Wednesday evenings at 6:30 p.m. Information: 303-777-1003.
3 Yo ho, it’s hot! Cherry Creek Shade & Drapery offers shades to cool your home from the heat and cut energy bills. Information: 303-355-4223.
3 Light up your 4th at Four Mile Park’s Old Fashioned July 4th enjoying music, games and festivities, 10 a.m.-4 p.m. Information: 720-865-0800.
3 Unwind listening to Jayme Stone’s music stretched out on the lawn at the Clyfford Still Museum July 11, 5:30 p.m. Information: 303-777-1003.
3 Hit the pavement for sizzling summer deals offered by boutiques and businesses during the Cherry Creek North Sidewalk Sale July 17-20, 10 a.m.-5 p.m. Thurs.-Sat.; Sun., 11 a.m.-5 p.m. Information: 303-394-2904.
3 Striking, bright abstract photos make a splash at Robert Anderson Gallery show opening July 18 with reception 5-8 p.m. Information: 303-388-1332.
3 Sip, swing, dine and dance into summer at Alliance Française’s Bastille Day at Four Mile Park July 19, 5:30 p.m. Information: 720-865-0800.
3 Summer heats up with concerts, rodeos, a demolition derby and carnivals at the Arapahoe County Fair, July 24-27. Information: 303-795-4464.
3 Let the kids shine this summer with fun activities alongside engaging them in reading divided up into three age-appropriate themes. Summer reading programs are at all 25 Denver Public Library sites, July 1-Aug. 9. In addition to reading, workshops, craft making and musical entertainment are offered at various branches. Information: www.summerofreading.org.
Summer frolics like a happy child between innocent spring and melancholy autumn waiting for us to embrace her unbridled delight for life. Even while weeding, watering and harvesting there’s time for theatre, musical performances and outdoor barbeques. Or just closing your eyes and listening to the birds singing in the trees.
The secret is in slowing down long enough to notice the miracles that surround us. Watch and listen for those occasions and activities that encourage us to slow down.
It might be stretching out under a tree and allowing yourself to unwind on a dreamy day. Or taking time in the middle of a workday to sit on a park bench and notice the shapes of the clouds as they billow across the sky. George Gershwin’s musical lullaby said it best: “It’s summertime and the livin’ is easy and the fish are jumpin’.”
— Glen Richardson
The Valley Gadfly can be reached at newspaper@glendalecherrycreek.com.
