by Mark Smiley | May 27, 2016 | Feature Story Middle Left
On June 28 there is a critical Democratic primary for residents of the Cherry Creek Valley. As a practical matter Republicans are irrelevant in local races in Denver as there is not a single Republican who holds a state Senate or House seat from Denver.
While most municipal offices are filled through non-partisan elections in Denver the office of Denver District Attorney is a partisan election where the Republican Party often does not even run a candidate and they are not this year. While there are various races on the ballot which are of interest the two critical ones for us are the matchup for District Attorney and that for Beth McCann’s State House seat. The mail-in ballots should already be out and an extraordinary few number who bother to vote will determine who is ultimately elected this fall. Our endorsements in this election are as follows:
Michael Carrigan for Denver D.A.
There is no office in Denver, save mayor, that is more powerful than that of district attorney, although not too many in the public or the press appear to recognize that fact. The failure of the present district attorney, the person in charge of the office, can do great good for or great ill to Denver. Mitch Morrissey, by refusing to bring charges against virtually anyone in law enforcement in Denver has caused the bad apples in Denver law enforcement to believe they can get away with almost anything. Thus citizens of Denver are all too frequently brutalized by the Police Department or the Sheriff’s Department and the taxpayers hand out millions in settlement because of Morrissey.
Under the egis (1983-1993) of Dale Tooley the Denver District Attorney’s Office was recognized as being one of the best in the country and capable lawyers flocked to it. However subsequent D.A.s slowly frittered away that reputation with a low point reached under politically ambitious Bill Ritter who would go on to be a one-term governor of Colorado. Under a cloud of controversy Ritter chose not to run for a second term in order to “spend more time with his family.”
There are three candidates in the primary for the position — Michael Carrigan, Beth McCann and Kenneth Boyd. Of the three Boyd is quite simply not qualified for the position. He is the nephew of the tainted former D.A. Bill Ritter and at 37 has no real qualifications other than he is “Mitch Morrissey’s man.” One of the more distressing trends in recent years is term limited district attorneys desperate not to have to leave the government bosom, arrange for an underling to run who promises to hire the old district attorney back. This same pitiful game of musical chairs for lawyers was attempted by former Arapahoe County District Attorney Carol Chambers with her subordinate Leslie Hansen. The Republican primary voters wisely voted instead for George Brauchler who has been an outstanding District Attorney.
Boyd even announced to a flabbergasted audience that there was no excessive force problem in Denver. We cannot fathom why anyone in Denver, other than Mitch Morrissey, would vote for Boyd.
Conversely Beth McCann certainly has the resume and experience to be District Attorney but has spent an entire adult life going from one government job to the next. She is running again for District Attorney having lost to Morrissey 12 years ago because she is term limited as the state representative for District 8. She has not tried a criminal case since 1983 and she would be 80 years old if she served all three terms. Denver can do better.
Luckily the voters in the primary have a wonderful choice in Michael Carrigan, a senior litigation attorney with the much respected Holland and Hart law firm. He served as a Deputy District Attorney in Arapahoe County for over a half decade before going into private practice in Denver. At age 49 he has the energy and experience to be an outstanding District Attorney for Denver. The Denver D.A.’s office badly needs new blood as every District Attorney since Dale Tooley has come from in-house. The office has way too much dead wood that needs to be cleaned out, which is exactly what Boulder D.A. Stan Garnett and Arapahoe County George Brauchler did when they came into office.
Carrigan speaks fluent Spanish and like Garnett and Brauchler he would not be afraid to try some of the most difficult and high visibility cases that may arise in his jurisdiction. He has been candid that he opposes the death penalty and is concerned about the rate of incarceration of African Americans in the Denver judicial system.
The only hesitancy regarding his candidacy for us is the fact that, as The Denver Post was thrilled to point out, his endorsements include a veritable “who’s who of Denver politics” which translated means every crook in town including the infamous Steve Farber of the law firm Brownstein Hyatt Farber Schreck, LLP. But Carrigan also has the endorsement of leading reform Denver City Councilman Rafael Espinoza and he has convinced us that he is beholden to no one and plans to be a reform District Attorney that shakes up a system that badly needs to be shaken up.
Denver is lucky to have such a highly qualified attorney willing to run for District Attorney making the choice an easy one for us and we think for the voters.
Goldhamer for House District 8
House District 8 which is located in north central Denver has been ably served by Beth McCann for the last eight years and being term limited she is running for Denver District Attorney (see above). Squaring off in the Democratic primary are two good candidates Aaron Goldhamer and Leslie Herod.
Herod worked as an administrative assistant down at the Capitol and was a Senior Policy Advisor to then Governor Bill Ritter. She has served as Program Officer with the Gill Foundation and more recently started up her own consulting business.
Aaron Goldhamer is a litigator with the substantial law firm of Jones & Keller with a bachelor’s degree cum laude from Yale University, and J.D. from Georgetown University Law School. He has a strong pro bono component to his law practice.
Both candidates are strong progressives as befits House District 8 and they do not appear to substantially disagree on the relevant issues.
What we find particularly appealing about Goldhamer is that he is willing to take his own time and money to fight some of the important fights in Denver today. He is representing former Colorado Attorney J.D. McFarland in battling against the disreputable “Platte to Park Hill” flood control project that will raise every Denver resident’s drainage fees for costs which should be borne by CDOT as they directly relate to CDOT’s I-70 expansion. The drainage project also effectively destroys a significant portion of one more Denver gem, Park Hill Golf Course.
You make no friends with the Denver political establishment by opposing this project which has the endorsement of Mayor Michael Hancock and all of his friends and controllers. Anybody who has the smarts and the toughness to take on the most powerful and corrupt elements in Denver we believe will make a great State Representative for the City and County of Denver and we strongly endorse his candidacy.
— Editorial Board
by Mark Smiley | May 27, 2016 | Feature Story Bottom Left
Guest Editorial
Truth, Lies And Coverups
by Nasrin Kholghy
There’s been a lot of talk about our family in the Chronicle and on radio recently — most of it false and ignoring the facts. So here’s the truth.
Glendale is our home. Twenty-seven years ago, we moved our business from the old Cherry Creek Mall to Colorado Boulevard. Our kids played basketball on Birch Street. We enjoy Glendale’s spectacular annual fireworks from the rooftop of our rug store. You’ve driven by our rug store’s distinctive blue awnings many times.
Since our kids had their first birthday parties at Celebrity Fun Center, we’ve been deeply invested in Glendale and its surroundings. Over the decades, we have become good friends with many people in the community; our clients know us on a first-name basis. They’re part of our family. It was no surprise that so many people came to our support when we were threatened with eminent domain abuse and possible condemnation last year. For that, we wholeheartedly thank the people of Glendale and Denver, and everyone that stood up to defend our rights as landowners guaranteed under the Constitution.
We opened our rug store out of necessity then expanded it by choice. Although my husband and I hold UCD electrical engineering degrees, the political environment in 1979 made it impossible to find jobs. Authentic Persian & Oriental Rugs was born out of our need to sell the only thing our father could send from Iran and support family still attending the University of Colorado,
This is a true family business. We all work six or seven days a week. Even friends pitch in. My brother travels abroad frequently to find the best quality rugs and latest designs. My sister and I make certain that every rug sold is the perfect fit for each home — even if we have to drive hundreds of miles to do so.
We would never propose a project that would be an eyesore or detrimental to our community in any way because we live and work here.
In 2007, we first drafted plans for a mixed-use development on our land. That proposal includ-ed cascading terraces overlooking the creek, retail, restaurants and eleven high-end residential units. We understood the plans complied with all Glendale zoning laws, yet we received discouraging feedback. At that time, the Master Plan (page 35) said of our property: “This is the preeminent development site in the City. It contains 6.5 acres. It has frontage along Colorado Boulevard and the Cherry Creek channel and possesses spectacular mountain views. The concept of mixed use along with community amenities can be captured on this site. Ground floor uses would include eating, entertainment and specialty retail. Upper floor use could include office or residential.”
The zoning laws were changed five months later to further restrict residential use. Glendale has steadfastly opposed a residential component despite the fact that it is proven to work.
Homes are essential to building true communities. They help make places safer; people are more concerned about the neighborhood’s appearance and actually take pride in where they live. Residential properties would have the least impact on traffic — we know how bad the traffic can get around Colorado Blvd. and Alameda — easing congestion in general. That was the finding of a 2010 City-financed traffic study and why, in part, we want residential as part of our plan.
Glendale 180 envisions a downtown full of bars with 24-hour alcohol co
nsumption and huge profits. The City also investigated adding gambling to their plans. We suspect they don’t want our rug store here because our kind of business isn’t as profitable. They only desired our land.
City officials now say they don’t need our land. Yet they say we’re holding up Glendale 180 when, in truth, they’re holding up progress! Furthermore, it’s not just our family that’s at odds with the City, although we’re slammed in the media most. Glendale has similar issues with the Staybridge Hotel, the property adjoining ours.
These are just examples of the allegations and defamatory remarks tossed around in this publication, but to their credit, they finally invited us to tell our side. We welcome this opportunity.
We also invite anyone to visit our store and talk about these issues. You’ll be warmly welcomed regardless of your views. We have many docum
ents available that support the facts and we’re open seven days a week to discuss the truth. We want everyone to read and verify the facts themselves.
In March, Glendale’s Chamber of Commerce voted to “repudiate and denounce” us claiming we recruited hate groups to support our plan. That is false. We’ve never hired any groups to support us. We don’t employ private investigators. We’ve never proposed an ugly skyscraper as the Chronicle claims. The mayor and his wife (primary owner of Shotgun Willie’s and The Smoking Gun) along with the Chronicle’s publisher, and its executive editor sit on the Chamber board. At least three of them voted for this resolution that wasn’t based on facts.
Don’t you wonder why the Chronicle and the City are so passionate and persistent in slamming us each month? We suggest following the money. Glendale’s Downtown Development Authority plans to raise $200M in bonds and scrape a popular public park so a private developer can build more bars. Who will pay this $200,000,000 back? How long must we pay? Who reaps the benefits?
by Mark Smiley | May 27, 2016 | Editorials
Four Mile Historic Park Celebration, Glendale Fireworks Top Patriotic Events
Bang, blare, blast, boom, buzz, clap, cackle, crackle, pop, hiss, ka-boom! No wonder kids love the Fourth of July. This year the sizzle, snap and sparkle to Cherry Creek Valley patriotic celebrations begins early as the City of Glendale and Four Mile Historic Park blasts things off on July 1.
Yes, the City of Glendale’s Fireworks Show — symbol of Independence Day and one of the oldest and largest in the Valley — will light up the sky on Friday, July 1. Constantly the biggest, brightest and most extravagant fireworks, the stunning summer holiday show will begin at dusk (generally 9-9:30 p.m.). Families and friends gather at eateries, bars, patios and porches from LoDo to the Dam to view the dazzling display.
Four Mile Historic Park has always featured an Independence Day Celebration. Last year for the first time the park — a serene 12-acre historic oasis on the edge of Glendale — moved its 4th of July celebration to coincide with the Glendale City fireworks. Again this year families can bring the kids to celebrate the holiday here July 1 with old-time games, historic demonstrations, live music and horse-drawn wagon rides from 5-10 p.m. Food trucks and a beer garden will be on site. Furthermore, they can then stay to watch the Glendale fireworks show. Last entry to the park is 9 p.m. Admission is free, but there is a charge for food, refreshments and some activities. Information: 720-865-0800.
Other Fireworks
The annual Independence Eve Celebration in Civic Center Park at Broadway and Colfax is July 3, 8 p.m. It will feature a free patriotic concert, a light show on the Denver City and County Building plus a fireworks finale. Lawn seating will be available on a first-come, first-served basis, so be sure to bring blankets or low-rise concert-beach chairs. Concessions will be present on-site but families are also allowed to bring their own picnic.
The City of Aurora’s 4th of July Spectacular is July 4th starting at 4 p.m. and includes a car show and hot dog eating contest. Held at the Aurora Municipal Center on E. Alameda Pkwy., there’s also a Backyard BBQ cook-off and concert by country-pop singer Emily West. Fireworks will start at 9:30 p.m.
Professional lacrosse team the Denver Outlaws will battle it out with the Florida Launch at Mile High Stadium on July 4. Following the game there will be fireworks within the bowl — pyrotechnics paired with visuals on a 220-foot-wide, high-definition screen. Another July 4 option is Elitch Gardens where families can spend the day riding the roller coasters and water slides, followed by watching fireworks at night, startin
g at dusk.
Musical Pops, Parades
If you prefer a musical holiday, what better way to celebrate Independence Day than with a free concert in City Park July 3. Enjoy the sounds of Ritmo Jazz Latino, one of Denver’s finest jazz ensembles at the City Park Bandstand, 6 p.m. Then celebrate the stars and stripes of the good ol’ U.S. of A with the Colorado Symphony July 4th at Fiddler’s Green, 7:30 p.m. The family-friendly program will celebrate America with the Armed Forces Salute, Stars and Stripes Forever, the Overture of 1812, God Bless America and a slew of other favorite hits from stage and screen. Fireworks will follow.
If you love a parade you’ll be glad to know that Park Hill 4th of July Parade is back. It will again be marching along 23rd Ave. from Dexter St. to Krameria beginning at 1:30 p.m. on July 4. It promises to be bigger than ever before, with marching bands, acrobats and festive floats, including a Boy Scout color guard, classic cars and the Montbello Drum Line. The parade ends at the Kearney Street Fair on the 2200 block of Kearney with sweet treats from Cake Crumbs Bakery, savory snacks, live music plus kids’ activitie
s.
Finally consider starting July 4 with four miles of fun at the Liberty Run in Wash Park, 8:30 a.m. The 4 Mile Run-Walk is a competitive USATF judged race walk. A kids-only Firecracker Fun Run follows the adult run. Proceeds go to Make-A-Wish Foundation Colorado. Participants are encouraged to dress in their best Red, White and Blue get ups.
by Mark Smiley | May 27, 2016 | Main Articles
All Charges Dismissed
Is Agent Ravenelle Another Schlaff Or Even Connolly?
by Charles C. Bonniwell
Just when people thought the Authentic Persian & Oriental Rug development controversy could not get any stranger, it has. The Federal Bureau of Investigation (FBI) demanded that the Office of Arapahoe County District Attorney George Brauchler dismiss all charges and quash all warrants against the phony private investigator from Tennessee, Charles Johnson “for reasons that cannot be disclosed.” (See FBI letter on page 4.)
FBI Viewing Average Citizens As Criminals
Johnson allegedly stalked, harassed and intimidated the City of Glendale City Clerk and anyone who had made comments or sent a letter to the Glendale Cherry Creek Chronicle critical of Mohammad Ali Kheirkhahi or his M.A.K. Investment Group, LLC’s redevelopment of 3.8 acres of land along Colorado Boulevard. Johnson had never registered as a private investigator in Colorado nor in his home state of Tennessee. Failure to obtain a private investigator license in Colorado is a Class 2 misdemeanor. Police found on Johnson current driver’s licenses from three different states — Florida, Hawaii and Tennessee — which is a crime in many jurisdictions.
Bizarrely, after being arrested Johnson called back the arresting officers and taunted them and asserted that he was going to file a civil rights complaint with the FBI. Days later the Glendale Police Department received a call from the FBI saying that a complaint had been filed and they were immediately going to begin an investigation and not even wait to see if Johnson was, in fact, found guilty. The FBI did not say what the complaint was based on and never disputed that Johnson appeared to have engaged in criminal conduct.
Strange FBI Interviews
FBI Special Agent Kimberly Milka then starting contacting persons who filed complaints against Johnson including Glendale City Clerk Sherry Frame and Richard Witholder who wrote a letter modestly critical of Kheirkhahi’s proposed development to the Chronicle. Milka insisted that they provide an interview with the FBI. Apparently the interviews were strange affairs having nothing to do with Johnson but instead the interviewee’s opinion on whether Johnson’s arrest should have been on the front page of the Chronicle and whether the articles concerning the proposed development were fair and balanced.
Milka apparently asked Witholder, did he know who the “secret buyer” Glendale had for the M.A.K. property was, which confused Witholder since his only connection with Glendale was he wrote a letter to the Glendale Cherry Creek Chronicle in opposition to the proposed development.
Deputy City Manager Chuck Line was shocked to learn from the Chronicle that the FBI was spreading a false claim from the wealthy rug merchants that there was a “secret buyer” associated with Glendale for their land. “There is no secret buyer and never has been,” stated Line, and “we are no longer interested in buying their land and have told them so.”
City Clerk Sherry Frame stated in a telephone interview with Fox31 News that Special Agent Milka said that the FBI was regularly monitoring The Peter Boyles Show on 710 KNUS Radio. The Special Agent wanted to know why the show falsely claimed that Johnson had broken into Frame’s residence. Frame corrected the government agent saying she had recently listened to a podcast of the show and what was said was correct, i.e. that Johnson had repeatedly attempted to gain entry into the apartment complex where she lived by incessantly ringing her apartment complex number that transferred to her cell phone.
Legal experts indicate that both Frame and Witholder were both potential key witnesses in the Arapahoe County case, and if anyone else had engaged in the conduct of Special Agent Milka, that such person would likely be charged with obstruction of justice and witness tampering by the D.A.
District Attorney Brauchler Praised
Civil libertarians have praised Brauchler for demanding that the FBI produce a letter from the Denver Special Agent in Charge, Thomas P. Ravenelle, and attach the letter to the Motion to Dismiss to the court which made it public record. A district attorney has almost total discretion in such matters and could have hidden the FBI’s invo
lvement in the matter.
More concerning to some is the fact that apparent FBI informant Charles Johnson and FBI Special Agent Milka were clearly violating the 1st Amendment rights of the citizens like Witholder who simply wrote letters to a newspaper on a matter of public concern. Some of the victims of the FBI’s actions have wondered when it is the FBI violating your rights, who do you get to complain to?
Free To Kill
For experienced Cherry Creek Valley hands the case seemed to have echoes of the Scott Lee Kimball debacle of seven years ago involving the Denver FBI which effectively destroyed its reputation locally. While the Chronicle wrote extensively on the case, perhaps the best full summarization of the case is located on the Boulder Daily Camera website under the title “Scott Lee Kimball — Free to Kill.”
In December 2002 Kimball was released from jail for various crimes, including forgery, to be an active informant on a drug bust. Instead he went on a four year killing spree murdering at least four women and his uncle with the active assistance or criminal negligence of FBI Special Agent Carle Schlaff.
Kimball was only caught due to the incredible persistence of family members of the women probably tortured and murdered by Kimball and the work of Lafayette Police Officer Gary Thatcher.
“The Cleaner”
Schlaff was replaced on the case by Jonathan Grusing when it became clear that local law enforcement was on to the fact that Kimball was murdering people with the aid and assistance of the FBI. Most of the victims’ families viewed Grusing
Jonathan Grusing, a special agent with the FBI, poses at the Safe Streets Task Force office in Denver.
Photo by Marty Caivano/Camera/Feb. 19, 2010
as a hero, at least as compared to Schlaff, but others dubbed him “The Cleaner” after the Harvey Keitel character in the movie Pulp Fiction. The Cleaner in the movie was sent in to erase all indicia of the crimes and any connection to the Mob. Some viewed Grusing in a similar manner, erasing all evidence of FBI crimes as related to the murders by Scott Lee Kimball.
If that was the role of Grusing, he was very successful as no actions were brought against any person in the Denver FBI office for the murders, unlike the case in Boston where the Whitey Bulger murders resulted in FBI agent John Connolly being sent to prison for 40 years.
Incredibly, Special Agent Grusing is apparently also involved in the Glendale matter with knowledgeable individuals saying that Grusing and Mohammad Ali Kheirkhahi are “thick as thieves” and are in regular contact with each other.
The Ribeau Analysis
Some have surmised that Kheirkhahi may be a federal confidential informant himself against the Islamic Republic of Iran where he often travels and has extensive business contacts. In addition, Mike Ribeau, a former Homeland Security agent who heads up ISL Consultants and was at one time embedded with the FBI, believes that the FBI is engaged in a bigger investigation, and that the Johnson affair is causing problems. He surmises that the FBI is attempting to claim that Glendale officials, by not automatically approving the vague and inchoate development suggestions of Kheirkhahi, are violating the civil rights of the rug merchants.
He points to the Obama Administration’s recent effort to override local zoning laws in suburban communities to provide a massive influx of low income individuals and foreign born immigrants. The mere fact that Glendale residents and neighborhood groups throughout Denver are opposed to the massive condo project on Colorado Boulevard is perhaps, for the FBI, proof positive that Glendale officials are engaging in criminal Islamophobia notwithstanding the fact that oppo
sition has nothing to do with religion.
Other experts consulted by the Chronicle found Ribeau’s analysis “highly plausible.” If the Ribeau analysis is correct, then Glendale and surrounding Denver neighborhoods are in for a long, hot summer with the incredibly wealthy rug merchants with potentially unlimited funds coming in from Iran and their expensive, high-powered law firms teaming up with the power of the U.S. federal government to quash any and all local opposition to anything that Mohammad Ali Kheirkhahi wishes to impose directly or indirectly. For some, it could be a scary time to be a resident of the Cherry Creek Valley where the normal rights of American citizens may potentially no longer be of very much importance to the Federal Bureau of Investigation.
by Mark Smiley | May 27, 2016 | Main Articles
CRL Lobbyist Instructs Her On What To Say
Court Approves Of Rank Public Corruption
by the Staff of the Chronicle
It was the moment that neighborhood groups and families feared might never occur, but it did in open court on April 22, 2016. Greg Kerwin, the attorney for seven everyday citizens opposing the rezoning of the Mt. Gilead Baptist Church property in Crestmoor Park, read out loud secret email after secret email of City Councilwoman Mary Beth Susman proving that the rezoning of the property had been rigged as had always been surmised by the citizens.
Kerwin, as part of the discovery process, had demanded all emails of Susman related to the Mount Gilead rezoning, but the City an
d County of Denver did not provide certain emails that Kerwin knew existed. He then demanded the emails from her secret, off record gmail account be provided. The City Attorney having been accused of engaging in open record fraud in other cases finally complied and voila, there was a treasure trove of evidence of the corruption of the zoning process.
Kerwin pointed Judge Gilman to an amazing email dated March 20, 2015, from Sean 
Maley of the powerful lobbying firm CRL Associates, Inc. (CRL). CRL had made major monetary contributions to Susman’s re-election campaign even though she had no opponent. In the email Maley instructed Councilwoman Susman exactly what to say at an upcoming City Council meeting. Apparently, the developer, Metropolitan Homes, did not have the votes or support necessary to carry the day regarding the Mt. Gilead rezoning and therefore wanted a delay. Maley appeared to be telling the councilwoman to lie to the public, declaring she should say that the hearing “will be continued to a later date . . . [to allow the developer] to sort out the modifications to their plan and to better understand the process and timing.”
Susman meekly replied to the email back eight minutes later, “Okay. You don’t want me to say anything like ‘changes in response to community feedback?”
To the shock and amazement of the crowd of families and supporters of Crestmoor Park in the courtroom, Denver District Court Judge Shelley I. Gilman appeared to luxuriate and wallow with glee in the utter corruption of the rezoning process in Denver, totally dismissing the clear evidence of the rigging.
Next Kerwin brought to the attention of the court the incredible fact that Denver literally refused to consider the parking and traffic/transportation impacts in the rezoning as a matter of city policy and that fact was so stated by one of the council members at the meeting. Deputy City Attorney Lucero conceded that what Kerwin had stated was absolutely true.
Judge Gilman then refused to allow the concession and ordered the Deputy City Attorney to argue that the fact that the citizens voiced disbelief at the city’s refusal to consider these issues somehow constituted the Denver City Council hearing the issues.
One attendee noted, “She literally was acting as the Deputy City Attorney in charge of the case. She should have simply left the bench, gone to the defense table and had a soliloquy with herself.”
Kerwin then pointed out to the Court that Planning Board Member Jim Bershof actually signed the rezoning application himself for the Mt. Gilead property and argued to his fellow Board members that they approve the rezoning. Once again, to the dismay of the courtroom attendees, Judge Gilman had no problem with this clearly unethical conduct, indicating as long as the person doesn’t vote nothing else matters no matter how outrageous.
An observer of the planning process noted that her opinion is great news for 11 members of the Planning Board all of whom were appointed by Mayor Hancock and includes numerous developers. The observer pointed out that if you want to get your project through Denver Planning you hire one or more of the Planning Board members to sign the application and argue in front of staff and the remaining members for its approval. The Planning Board members just need to take turns getting paid from developers and they should all become very rich in a relatively short period. If Judge Gilman’s ruling is upheld in the appellate process developers can simply hire the mayor or council members in a town to argue for approval of their project as long as they do not vote in the end.
Virtually every argument made for the citizens by Kerwin was denigrated by Judge Gilman. Conversely she appeared to smile and nod in approval regarding every argument made by the Deputy City Attorney only interrupting him to provide her own defenses when he did not make a defense.
In theory a judge is supposed to act in a neutral manner in the open courtroom, treating both sides equally so as to at least give the façade of impartiality. In the 2012 report by the Colorado Office of Judicial Performance Evaluation which recommended she be retained, it declared that she had received high marks for “treating all parties equally” and “conducts an efficient and neutral courtroom.” For anyone attending the hearing either the report was simply another judicial whitewash or her judicial demeanor has suffered a precipitous demise over the last four years.
A highly disappointed neighborhood advocate declared “our seven neighborhood plaintiffs might as well have been the Scottsboro Boys in front of the infamous Judge William Washington Callahan down in Alabama in the 1930s. We knew they were dead from the first few minutes of the hearing.”
When the Court’s decision came down on May 17 absolutely no one was surprised by Judge Gilman finding for the city in each and every argument with never a single indication of hesitancy or even legal nuance.
In a telephone interview with Councilwoman Susman following the issuance of Judge Gilman’s ruling, she stated regarding the secret email account, that “she gets emails from all avenues including social media — Facebook and Twitter.” She did not recall the March 20 email from Sean Maley but that she would have been “just receiving information.” Councilwoman Susman indicated she was pleased that “the judge ruled that I was impartial in my dealings with both sides.”
One attendee at the hearing could not understand why Judge Gilman had bothered to have a hearing. “She absolutely knew how she was going to rule before she walked into that courtroom and did not bother to listen to anything the plaintiffs had to say. Perhaps she wanted to embarrass the neighborhood groups by showing them that the courts are also a farce in the City and County of Denver. If that was her goal she succeeded. I will never again believe in our legal system after the display she put on at
that hearing.”
For the neighborhood groups, Judge Gilman’s behavior was all the more dismaying due to the fact they will perhaps never have such clear and convincing proof of corruption and rigging of the process. Attorney Kerwin noted that city councilpersons will never again use secret emails that might be discovered. Instead all the rigging will be done verbally.
The plaintiffs, pursuant to Colorado Appellate Rule 50, will ask the Colorado Supreme Court to hear an expedited appeal on the matter because important, statewide precedents were established. However, for many of the citizens who attended Judge Gilman’s hearing, any faith in the legal system as a fair and impartial arbiter of cases brought before it has effectively been destroyed by her conduct on the 22nd of April 2016.
