by Charles Bonniwell | Dec 17, 2024 | Main Articles
by Charles C. Bonniwell
Former IEC Commissioner Bill Leone
Denver District Court issued a devastating decision to the Colorado Independent Ethics Commission (IEC) in its almost 10-year multimillion dollar legal battle against the City of Glendale and by implication all home rule cities and counties in the State of Colorado. The court ruled in a decision written by District Court Judge Jill D. Dorancy that the IEC has no jurisdiction over Glendale or its elected officials and employees on ethics complaints.
The IEC was established by a statewide vote on an amendment to the state constitution ostensibly to adjudicate disputes over gift limitations to elected officials and others. But under Chairman Bill Leone (who has since left the IEC) it attempted to break free from virtually all constraints to become a super agency.
Assistant Attorney General Gina Cannan
The IEC had gotten the courts to rule that it was not subject to any ethics rules itself including those pertaining to open meetings and open records. It did so on the theory that since the IEC was adopted as a constitutional amendment it supersedes any prior constitutional provisions as well as any state laws adopted by the legislature. The IEC asserted that Its powers provided in its constitutional amendment could only be constrained by a future constitutional amendment adopted by a vote of the citizens.
To become a true superagency, the IEC had to expand its powers to hear disputes far broader than simply claims concerning gifts to politicians. Leone thought he had found a way to do that by use of subsection seven of the state ethics law, which provides that the IEC can hear claims on public employees of violations of any code of conduct, not just gift bans.
But the same does not apply “to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by this article.” This exception was a major problem for the power-seeking Leone as the vast majority of Colorado citizens live in home rule cities and counties. Leone and legal counsel for the IEC, Assistant Attorney General Gina Cannan, needed a small home rule city to concede in a case that the IEC alone could decide whether a home rule city’s ethics code was adequate. If not adequate the IEC would have jurisdiction over it. The City of Glendale refused to fold, notwithstanding the fact that legal fees fighting the IEC are exorbitant.
In the end, the District Court ruled that the IEC did not have jurisdiction over the City of Glendale. It is assumed the IEC will waste even more money and time and appeal the decision to the Colorado Court of Appeals. Glendale indicates it hopes that the Colorado Court of Appeals will finally end the IEC’s costly power grab once and for all.
City of Glendale Mayor Mike Dunafon stated with regard to the city’s legal victory: “The IEC exemplifies everything that is wrong and harmful about the administrative state in Colorado. Maybe Colorado can have a Department of Government Efficiency like the one they are doing federally to start to get rid of these state super agencies that are starting to drive people out of Colorado to states with less burdensome governments.”
The IEC has 49 days to file a notice of appeal to the Colorado Court of Appeals.
by Valley Gadfly | Dec 17, 2024 | Main Articles
City Council Approves Part Two Of Legacy Funds; Six New Neighborhood Parks Are Planned In 2025-26
by Glen Richardson
Ramble & Rove: With two formal flower gardens, tree-lined paths, and endless expanses of grass the 155-acre Wash Park is one of the city’s most popular. People run, bike, paddle boat, walk, and play year around.
The initial voter approved 0.25% Park Legacy Fund sales tax — an extra 2.5 cents on each $10 purchase — expired at the end of 2024. Before year’s end, however, Denver City Council approved a new plan covering 2025 through 2029.
As was the case during the initial five years, acquisition of acreage to enlarge city’s parks remains a priority. Park maintenance and climate resiliency are also focuses. Restoring sporting fields and courts are a particular focus in the coming year. DPR added 13 indoor pickleball courts at seven rec centers in 2024, bringing the total to 66. Plans call for adding 50 outdoor courts by the end of 2025. Staff at Parks & Rec have also announced plans to establish a permanent graffiti-response and trash-collection team this year.
The Denver parks system — ranked 13th best in the U.S. by the Trust for Public Land — is one of the largest and most unique in the country. The trust gave the city its highest score (89 out of 100) for park Access. The Mile High City scored 75 for Investment, 69 on Equity, and 62 on Amenities. Its lowest score (51) is for Acreage, something neither the city or the Parks & Rec staff can do much about. With a total of more than 280 parks and 30 recreation centers, residents and families enjoy outdoor and indoor opportunities city wide, including hiking, fishing, golf, and picnicking. Today an enormous 93% of the public live within a 10-minute walk to a park. Denver spends $197 per resident each year on parks, far higher than the national average.
Legacy Fund Budget
People Popular: Located in the Capitol Hill neighborhood, Cheesman Park draws large crowds to its 80-acre oasis with mountain vistas, green lawns, and stately trees. It’s also ideal for active recreation or quiet reflection.
Growing Green Space: This University Hills site at East Iliff Ave. and S. Bellaire is one of six new parks being built this year with Legacy Funds. The two-acre park will have a demonstration garden and event space.
About a quarter of the annual Parks & Rec budget — or in the neighborhood of $45 million yearly — comes from the Legacy Fund, according to Director Jolon Clark.
During the five-year period ending in December, the tax generated more than $267 million. Of that amount, $96 million has already been spent. Projects currently in the works have another $113 million tied up.
The daily operating cost for Denver’s City Parks — wages, supplies, and equipment — amounts to about $23.5 million a year. Another $15 is allocated to land acquisition each year. Parks & Rec also keeps an interest earning reserve fund for emergencies.
People In Parks
Under the 2018 voter approved Legacy Fund, almost 10,000 trees have been planted, plus 375 acres of turf grass converted to native landscape. Gordon Robertson, Planning, Design & Construction Director, estimates the conversion saved more than 225 million gallons of water. Moreover, he reveals, it has allowed the city to acquire more land. “With just legacy funds, we’ve obtained 25 acres of new park land.” As a result, 5,500 additional residents are within 10 minutes of a park, he adds.
City wide, DPR guesstimates that during Legacy Fund’s first five years 8,000 or more new people are now enjoying park facilities. During the first five years, Legacy greenbacks built 19 playgrounds, renovated 37 sports courts, and added 25 miles of park trails and walks.
Waterfront Park: Located at the confluence of the South Platte River and Cherry Creek, Confluence Park was developed in the 1980s. The 15.28-acre site has a playground, picnic shelter, benches, plus grassy expanses.
Peace In Parks: Parks provide peace and can have a positive effect on mental and physical health. Reconnect with nature to reduce stress, and anxiety at retreats such as Cheesman Park to get away from the urban hustle.
With the Legacy Fund restart, staff at city Park & Rec plan to expand the tree canopy in parks. Goals also include buying forestry equipment to speed up tree planting and maintenance work. Purchasing electric maintenance equipment and switching to LED lights are also on their latest list. Park access is open to the public year around. Furthermore, parks are open no matter the time of day, nor what week or month of the year. The Sonny Lawson and Al Alma-Lincoln Park spaces were closed for a month in 2024, however, due to drug sales and violent incidents. Portions of the parks were fenced off to curb the problem.
Six New Parks
As the new year gets underway, Denver Parks & Recreation is getting set to welcome six new parks in neighborhoods across the city. With Legacy Funds recently increasing about $5 million a year to $50 million annually, the city has earmarked funds to acquire the land and build parks.
In addition to developing new parks, Denver is also reinvesting in its existing parks. This includes renovating playgrounds and benches, plus upgrading irrigation systems to conserve water and improve park sustainability.
Spanning neighborhoods from Westwood to Green Valley Ranch, these new parks symbolize a commitment to ensuring every citizen has access to quality green spaces. Each park will be uniquely designed to cater to the needs and preferences of its local community, creating a diverse range of recreational environments across the Mile High City.
Plans For Parks
Water Basin Park: With Denver’s biggest lake, Sloan’s Lake Park’s 177 acres make it the city’s second-largest. It has playgrounds, tennis courts, athletic fields, boating, basketball, multi-use trails, and picnic areas.
The University Hills site at East Iliff Ave. and S. Bellaire was purchased back in 2019 for $5.1 million. Proposed to be named “Bethesda Park,” the former Greenhouse & Garden Center is roughly two-acres in size. Parks & Rec plans to spend $6.5 million in legacy funds to convert the property into a park. The long, skinny property will be transformed into a park with a demonstration garden and event space.
Anticipated to be named “Avion Park,” a nine-acre park prospect is located at Kittridge St. and E. Bolling Drive. It will include a playground, basketball courts, fields, plus a walking loop. Denver Urban Gardens is expected to manage a food forest on the site. Parks people say they are hopeful it will open this year.
Scheduled to open next year (2026), the large site at 10th Ave. & Alcott St. along the South Platte River will offer a community gathering space and gardens. Construction is expected to start this year. A new park at 47th Ave. & Telluride St. in Green Valley Ranch is also expected to open in 2026. It will have a playground, trails, a basketball court, plus a community garden with interactive water feature. Already open to the public, the Westwood Skate Park at W. Kentucky Ave. & S. Irving St. will incorporate new features. Over time the site will incorporate riverfront landscaping, and improved access to the South Platte River Trail. Denver Botanic Gardens will sponsor an off-leash dog park and gardens at the site.
by Mark Smiley | Dec 17, 2024 | Main Articles
by Julie Hayden
Exploration With A Mission: Summit and Shore Alliance co-founders Alex Drawbaugh and Jennifer Jordon are proud to offer free outdoor excursions to veterans as a way of giving back.
Millions of people have been drawn to Colorado to enjoy the spectacular Rockies in wintertime through the sport of skiing. But not everyone these days wants to ski or only ski. This can be due to preference or advancing age, or injuries or many other reasons but does not mean they want to stay indoors and miss all that the mountains have to offer. This has resulted in the booming sport of snowmobiling, and now snowcatting.
A snowcat is an enclosed-cab, truck-sized, fully tracked vehicle designed to travel over snow. They originated in the Antarctic Terra Nova Expedition in 1910 and evolved for many industrial uses but more recently have become extraordinary recreational excursion vehicles for groups up to a dozen or so persons per vehicle. Think of them as RVs on snow track skis.
“I call snowcats ‘yachts of the snow’ because they combine comfort and adventure,” says Alex Drawbaugh. He’s the cofounder of one of the newest and most prominent outfitters to enter the scene, Summit and Shore Alliance (summitandshore.org; 970-716-7470). In the summer months they focus on water trips and are now firing up their fleet of snowcats to take folks on backcountry excursions.
No Experience Necessary
There’s a certain amount of training, experience, and physical ability that go into a typical ski trip. But no experience is necessary for guided snowcat excursions. Anyone can enjoy a trip into the most scenic and remote backcountry. Summit’s co-founder Jennifer Jordon says their motto is “always peak.” “We’re all about finding untracked powder and providing epic rides on snowcats and sleds.” They offer curated packages designed to take you off the beaten path: everything from morning backcountry trips with bottomless mimosas, to a midday trip into the heart of the Bear Mountain Outfitters wilderness, to a sunset snowcat ride and mountaintop bonfire. And, if you’re really into a luxury experience, “We’ll take you to a mountain lodge dining hall where your private chef will prepare a custom, gourmet meal just for you,” Jordon says.
Yacht of the Snow: Summit’s Alex Drawbaugh calls snowcats “yachts of the snow” because they combine comfort and adventure in Colorado’s scenic backcountry.
Wintry Party Bus
Snowcats have come a long way since the original models. With customizable interiors and excursions, some describe them as “party buses” for winter fun. Industry analysts say the market is experiencing steady growth due to an increasing demand for winter sports. Drawbaugh points to their partnership with Bear Mountain Outfitters as an example. It’s home to 18,000 acres of pristine backcountry. You can enjoy epic views, spot a moose or wolf track, all from the comfort and safety of the snowcat. Lodging options range from luxury mountain homes, to “glamping,” to rustic off grid retreats near Steamboat Springs.
Drawbaugh says guiding tours into the backcountry is a passion for him. “Disconnected from the phone and hustle and bustle of the city, you remember what’s important. It’s not your connection to the internet, it’s connecting to the world around you and the people you are with.”
One of Summit’s snowcats was owned by Colorado singer and songwriter John Denver. “When we saw this come on the market we couldn’t resist,” says Chris Hawk, one of the board members. They’re pulling out all the stops as they renovate it, describing it as an “RV snowcat party bus.”
Day Tripping
There is also growing interest in snowcat trips from skiers who want to take a break from the busy slopes. Many outfitters offer back country ski trips as well as shorter morning, afternoon, or sunset rides. Drawbaugh says their private tours can be completely customized. “We’ll tailor it to your group, whatever size. The vision is all yours.” Your entire family or group can participate in the adventure together, regardless of age or ability.
Adventure With A Cause
The veterans community is one group that can appreciate the opportunities a snowcat provides to explore remote backcountry areas of the Rockies, regardless of mobility issues resulting from injury. Summit’s Jennifer Jordon says they recognize this and, as a nonprofit, are proud to support the veterans community by offering free outdoor excursions and host various veteran initiatives. “What could be more rewarding than using some of our proceeds to give back to those who have served to protect these spaces,” she explains.
For more information on packages or free veteran excursions visit summitandshore.org, or call 970-716-7470.
by Valley Gadfly | Nov 15, 2024 | Main Articles
New Audit Reveals 22% Of City’s Aging, Oversize, Underused Fleet Is Driven Less Than 100 Miles A Month
by Glen Richardson
Key Party: Facilities Management stockrooms — a division of General Services — has an unknown number of keys in circulation, meaning parts can be accessed by unauthorized parties.
Watchdog O’Brien: City Auditor Timothy M. O’Brien, CPA
Riddled with oversized, underused, and aging vehicles, Denver’s Fleet Management Department is wasting limited resources, according to a new audit from City Auditor Timothy M. O’Brien, CPA. As a result, the city is increasingly at risk for fuel and parts theft.
“Too many older vehicles sitting idle costs taxpayers’ money,” O’Brien says. Moreover, he follows up, “Underused vehicles still require regular maintenance and storage.”
“But Fleet Management doesn’t have the authority to right-size the fleet because the vehicles are owned by other agencies,” Auditor O’Brien explains. “These issues stem from the way Fleet Management is funded, but it doesn’t help that the areas they do control are not being adequately safeguarded.”
Fueling Flaws
Transportation & Infrastructure’s Fleet Management Division maintains and provides fuel for over 2,500 vehicles and pieces of equipment belonging to 43 city agencies — not including Denver Police, Fire, and Denver International Airport.
More: It operates six fueling stations across the city and processes about 7,000 fuel transactions a month. For 2022 and 2023, that totaled about 169,000 fuel transactions worth $9 million.
The fueling stations allow authorized employees to refuel city-owned vehicles, but audit found significant flaws in how the division tracks fuel usage. Issues include abnormal transactions, access to former employees, code sharing, access to override codes, and the same person adding and authorizing fuel users.
Fleet Of Hitches: Fleet Management maintains-fuels vehicles and equipment belonging to 43 city agencies it doesn’t control, creating risk of fuel and parts theft, new city audit reveals.
Ex-Staff Tank Up
These inconsistencies could be leaving the city at risk for fuel theft, O’Brien warns. When auditors compared the city’s list of 7,180 authorized drivers with city employees, they found 1,782 — 25% of them — no longer worked for the city.
When looking closer, they found 104 fuel transactions worth about $3,500 linked to nine drivers who were former city employees. The division’s current processes may fail to detect ongoing suspicious activity, the auditors suggest.
Fleet Management does not track override transactions and does not have official procedures to identify, resolve, and document all fuel transactions. Consequently, the audit could not identify the volume, associated costs, and reasons for the city’s override transactions.
Key Keepers?
When the audit looked at how parts are managed, they found Transportation & Infrastructure faces several obstacles.
First, the unstaffed stockrooms belong to Facilities Management — a division of General Services. There are an unknown number of stockroom keys in circulation. This means parts storage could be accessed by unauthorized parties.
Second, parts are supposed to be allocated to work orders for tracking purposes, but auditors found 979 parts that were not, totaling $21,292.
Oldy-Moldy Fleet
Fleet Facility: Roslyn Campus is one of two sites where Fleet Management maintains and provides fuel for more than 2,500 city vehicles and other pieces of equipment.
Fleet Management’s biggest issue, however, is the size of the city’s fleet and how it is being used. Fleet Management’s goal is a 95% use rate, but the audit found 22% of the city’s fleet was driven fewer than 100 miles in a month.
When it comes to replacing aging vehicles, the city’s goal is to replace 10% of vehicles annually. That goal isn’t being met the audit reveals: 36% of the city’s vehicles are beyond their useful lives of 10 years. Furthermore, 6% of city vehicles are over 20 years old.
One problem is the size of the city’s fleet is still at pre-pandemic levels. The city’s needs have changed since then. A third-party report, commissioned by Fleet Management, estimated the cost to the city for maintaining, repairing, and housing underused vehicles was about $5.7 million in 2022-2023 combined.
Hamstrung By City
Auditor O’Brien suggests that Fleet Management is hamstrung in rightsizing the fleet it is charged with managing because it does not have the authority to sell or dispose of vehicles. Other city agencies make those decisions. “Fleet Management can only advise those agencies,” he asserts.
City agencies rely on Fleet Management to service vehicles and ensure they are available for operations. But because of a decision in 2015 to change the fleet’s funding structure to use the city’s General Fund — instead of using an internal service fund —city agencies do not directly experience the financial impact of maintaining the vehicles.
The previous funding structure allowed Transportation & Infrastructure to bill agencies for the services they use. But since 2015, Transportation & Infrastructure pays for those agencies’ fuel and maintenance costs, so those agencies have no incentive to monitor their spending habits.
Fix Fee Free: City agencies rely on Fleet Management to service vehicles without directly experiencing the financial impact for maintaining those vehicles.
Funding Flaw
Funding fleets through the General Fund is not a leading industry standard. When auditors looked at how other cities and counties manage their fleets, they found that of 17 similar-sized municipalities, 14 use an internal service fund. Denver ordinance still requires the fleet to be funded by an internal service fund and was never updated after the switch to using the General Fund.
“The funding change was made nearly a decade ago but there’s very little paper trail to explain why this happened,” Auditor O’Brien says. “Departments can’t just pick and choose which ordinances to follow — they’re not optional.
But Fleet Management is really being asked to do the impossible, maintain the city’s fleet without having any authority over it. “This audit will give them the tools they need to pursue solutions to getting that proper authority,” O’Brien hopefully suggests. Transportation & Infrastructure Department officials agreed with all 13 of the audit’s recommendations.
by Valley Gadfly | Nov 15, 2024 | Main Articles
As Beloved Blockhead Charlie Brown Says, ‘Good Grief, The Holiday Season Is Here Already’
by Glen Richardson
Winter Takes All: The 1940s-era White Christmas Ball returns to Wings Over the Rockies Dec. 7. The Metropolitan and Hot Tomatoes Jazz Orchestras play.
Ho Ho Ho, ’Tis the Season: The Nutcracker is at the Ellie, ice skating is downtown, and rooftop at Cherry Creek’s Halcyon Hotel. Plus, there’s a host of Hanukkah events including Latkes & Lights at the JCC. Then New Year’s Eve brings fireworks, light displays, plus the Symphony’s annual A Night in Vienna at Boettcher Concert Hall.
The holidays will rock again in Glendale- Cherry Creek, and downtown. ’Tis time for high-spirited merriment, as we prepare for Christmas, Hanukkah, Kwanzaa, and New Year’s Eve celebrations.
Here are the Chronicle’s annual picks to fill your December with fun, food, and good fortune to carry you into a bright new year:
Balls
White Christmas Ball, Wings Over the Rockies, Dec. 7, 5:30-11:59 p.m. An evening of 1940s era dancing to the Metropolitan and Hot Tomatoes Jazz Orchestras. Information: 720-924-1945.
Winter Solstice Ball, El Jabel, Dec. 7, 6-11:30 p.m. Live music, DJ play hits, and local cosplayers. Information: elevateimmer sivecolorado.com.
Concerts
Santa Drone Tracker: Denver’s drone-in-the-sky with Santa will light up the sky downtown for 15 minutes from Nov. 22-Dec. 31 beginning at 7 p.m.
White Christmas Symphony, Dec. 5 —Celebrate the season as the multi-platinum Irish sensation Celtic Women entertain with the Symphony at Boettcher, 7:30 p.m. Information: 303-623-7876.
Take 6 Christmas, Dec. 11-12 — The vocal cats perform an acapella Christmas- jazz, R&B, and pop at Lone Tree Arts Center, 7:30 p.m. Information: 720-509-1000.
Holly Jolly Holiday Concert, Newman Center, Dec. 14, hour performances at 2 p.m. & 4 p.m. Seasonal music and singalongs. Information: 303-871-7720.
Chris Daniels & The Kings, Dec. 20 —Daniels entertains with horn-drenched rock and soul in Swallow Hill’s Daniels Hall, 8 p.m. Information: 303-777-1725.
Home for Christmas, Dec. 21-22 — Holiday music that will fill you with joy, nostalgia, and warmth at Auraria’s King Center, 2:30 p.m. Information: 303-556-2296.
Dance
Nutcracker Dolls: Colorado Ballet’s 58th season has 26 performances at the Ellie Caulkins Opera House, Nov. 30 through Dec. 29.
Granny Dances to a Holiday Drum, a festive dance performance at Cleo Parker Robinson Dance, Dec. 7 through 21. Information: 303-295-1759.
The Nutcracker, Colorado Ballet’s 58th season has 26 performances at the Ellie Caulkins Opera House, Nov. 30 through Dec. 29. Information: 720-865-4220.
Dining
Lunch With Santa, a kids’ matinee at Dazzle, with piano styling by Ralph the Elf doing holiday songs-stories Nov. 30, noon. Information: 303-839-5100.
Handy to Home choices for the holidays, restaurants listed within the Glendale- Cherry Creek neighborhood by Open Table:
Del Frisco’s Grille, chophouse at 100 St. Paul St. open Dec. 24, noon-9 p.m.; 25th until 8 p.m.; Dec. 31 11 a.m.-11 p.m. Information: 303-320-8529.
Fontana Sushi, Japanese eatery specializing in sushi and sashimi in Wash Park at 534 E. Alameda Ave. Information: 303-778-8818.
Gyu-Kaku Japanese BBQ, Japanese yakiniku (grilled barbecue) dining experience at 100 Steele St. Information: 720-826-3214.
Hana Matsuri Sushi in Glendale’s City Set on the corner of Colorado Blvd. and Cherry Creek South Dr. Information: 303-600-8477.
Electrifying Neighborhoods: Neighborhoods get into the holiday season action with decked-out homes, many with LED color-changing lights set to music.
Mehak India’s Aroma, an Indian eatery in the lower level of the Promenade at 250 S. Steele St., Suite 100. Information: 720-638-9350.
Trio Of Hotel Restaurants: Hotel Restaurants open for the holidays include Local Jones in the Halcyon Hotel on Columbine St.; Narrative in The Jacquard on Milwaukee St.; plus Toro Latin Kitchen, in Hotel Clio on Clayton Lane.
Kona Grill adjacent to the front entrance of the Cherry Creek Shopping Center on East 1st Ave. Information: 720-974-1300.
SOL Mexican Cocina at 200 Columbine St. Unit 110 in Cherry Creek North serves coastal Baja cuisine. Information: 303-953-2208.
Hanukkah
Latkes & Lights, Jewish Community Center’s family gala has latke competition, games, plus live music Dec. 15, 10 a.m. to 1 p.m. Information: 303-399-2660.
Hanukkah Family Festival at Temple Emanuel on Grape St. with latkes, dreidel playing, plus crafts Dec. 15, 11 a.m. to 2 p.m. Information: 303-388-4013.
Denver’s North Pole: Cherry Creek’s “Winter Wanderland” has free outdoor events including a Holiday Market with dozens of vendors on Fillmore Plaza, Nov. 21-Dec. 24.
Chabad of Cherry Creek Celebration, in Cherry Creek North’s Grant Plaza. Treats, crafts, Menorah lighting Dec. 29, 2:30 to 5 p.m. Information: 303-744-9699.
Holiday Lights
Blossoms of Light, holiday light displays at Denver Botanic Gardens on York Street, Nov. 20 through Jan. 12, 4:30 -9 p.m. Information: 720-865-3500.
Zoo Lights, at the Denver Zoo, Nov. 23-Jan. 5, 5-10 p.m. An 80-acre wonderland with over a million lights. Information: 720-337-1644.
Mile High Drone Show, 40 nights, 400 drones light up the sky downtown for 15 minutes Nov. 22-Dec. 31, beginning at 7 p.m. Information: 303-892-1112.
Ice Skating
Halcyon On Ice, Halcyon Hotel’s rooftop lounge, Nov. 15 to Dec. 31, noon to 9 p.m. Music, drinks, dining, and ice skating. Information: 720-772-5000.
McGregor Skate, an outdoor plaza at McGregor Square adjacent to Coors Field (1901 Wazee), Nov. 29-Jan. 26. Information: 303-313-6090.
Markets
Cherry Creek Holiday Market, dozens of vendors on Fillmore Plaza (2nd Ave. & Fillmore) with drinks, Nov. 21-Dec. 24. Information: 303-394-2904.
Christkindlmarket, German Holiday Market with artisan gifts, treats, plus German biers in Civic Center Park, Nov. 22-Dec. 23. Information: christkindlmarketden ver.com.
Mistletoe Market, Nov. 25-Dec. 17 – New this year in the Dairy Block (1800 Wazee) with vendors, carolers, and holiday music. Information: 303-30
Home Time: Of the holidays and home Charlie Brown says, “Be it ever so humble, there is no place like home.”
9-4847.
New Year’s Eve
Concerts
Greensky Bluegrass, Dec. 30-31 — Bluegrass jam band plays the Mission Ballroom, 8 p.m. on the 30th, 9 p.m. New Year’s Eve. Information: 720-577-6884.
A Night in Vienna, Dec. 31 — Colorado
Symphony plays polkas, waltzes, and marches in Boettcher Concert Hall, 6:30 p.m. to midnight. Information: 720-865-4220.
Dazzle’s New Year’s Eve Gala, Dec. 31 —The Jacob Larson Band — a funk and soul ensemble — rings in 2025 beginning at 10 p.m. Information: 303-839-5100.
Parties
Decadence, Colorado Convention Center, Dec. 30-31 — Electronic music performances on two stages, 6:30 p.m.-2 a.m. Information: 303-228-3000.
Sheraton Cocktails, Dec. 31 — Casino games, DJs, live band, toasts & confetti at the Sheraton Denver, downtown, 8 p.m.-1:30 p.m. Information: 303-893-3333.
Gatsby’s Gala, Dec. 31 — The Ritz-Carlton on Curtis St. hosts Roaring ’20s event with live band, DJs, and dancing, 8 p.m.-midnight. Information: 303-312-3800.
Denver Black Tie Party, Dec. 31 — Park Ave. West’s Asterisk has bands, DJs, plus casino games with midnight balloon drop. Information: 720-808-1114.
by Charles Bonniwell | Nov 15, 2024 | Main Articles
A Recent Case Proves This To Be True
by Charles C. Bonniwell
The Legal Losers: The representation by the law firm of Elkus and Sisson of Randy Roedema (at right), on the same charges as Jason Rosenblatt, resulted in their client being found guilty in the death of Elijah McClain, and then sentenced to four years in jail.
Randy Roedema (left) and Jason Rosenblatt (right)
The Legal Winners: The law firm of Springer and Steinberg used their legal talents to obtain a not guilty on all charges for client Jason Rosenblatt (at left) relating to the death of Elijah McCain.
The prosecutions of the two Aurora police officers that Colorado Attorney General Phil Weiser say were responsible for the death of 23-year-old Elijah McClain seems to indicate that your chance of going to jail may depend less on the application of justice than the quality of the criminal defense attorneys you hired to defend you.
McClain, a black American, was walking home from a convenience store in Aurora when he was stopped by Aurora police officers following a suspicious person report. McClain was put in a neck hold, pinned to the ground by police officers, and given an overdose of the sedative ketamine by paramedics.
The applicable District Attorney from Adams County refused to charge anyone with the homicide based on the fact that the coroner could not determine what exactly killed McClain, the choke hold or the overdose of ketamine or both. The killing occurred in 2019 shortly after the police murder of George Floyd which set off riots across the country.
The Colorado murder case went into media hyper drive when Aurora police officers made fun of McClain’s death by picturing a reenactment of the chokehold that killed and the picture of it that was leaked to the press.
The lack of charges in the McClain case resulted in the unusual move by Governor Jared Polis who appointed Col-
orado Attorney Phil Weiser as a special prosecutor to bring charges against the three police officers and the two medics.
Victim: Twenty-three-year-old Elijah McClain was killed in an encounter with the Aurora police while just walking home from a convenience store in August of 2019.
The police officer who put a choke hold on McClain, Jason Rosenblatt, and the officer who held him down, Randy Roedema, were tried together under a myriad of homicide charges claiming the two men acted in concert to kill McClain. Under this legal theory the bad acts of each officer could be held against the other. Thus, logically and legally it was assumed by court observers that either or both men would be found either guilty or both found innocent.
Since Rosenblatt had applied the chokehold, he was deemed the most legally vulnerable of the two defendants. He hired one of Colorado’s premiere law firms, Springer and Steinberg with Harvey Steinberg, famous for representing sports figures in criminal cases, being the lead attorney. He was assisted by Stephen Burnstein.
Rosenblatt in turn hired a smaller and less well-known firm of Elkus and Sisson from Greenwood Village, both principals Donald Sisson and Reid Elkus splitting trial duties.
Attorney General Phil Weiser was a strange pick for a special prosecutor as he had never tried a criminal case in his life and apparently did not believe any lawyer in his Attorney General’s office could handle the very high publicity case. As AG he therefore went, for the first time in Colorado history, to a national law firm of Quinn Emanuel. They brought in top attorneys from Chicago and Los Angeles and luckily for Rosenblatt and Roedema neither lawyer had ever tried a criminal case in their entire legal careers.
At the trial neither defendant testified in his own defense, and the defense called no witnesses. Therefore, in the end, all that mattered were the opening and closing statements of Harvey Steinberg for Rosenblatt, and Sisson and Elkus for Roedema. If your attorney was brilliant the police officer could be a free man, and if he or they were unconvincing prison awaited. In a shock decision the jury found Jason Rosenblatt not guilty on all charges while Roedema was found guilty of criminally negligent homicide and third-degree assault for which he would be sentenced to 14 months in jail. It was a laboratory experiment on the efficacy of an attorney.
After the verdict Rosenblatt and his family cried and all hugged Steinberg thanking him profusely. The reaction from Roedema and his family was understandably markedly cooler to Sisson and Elkus. McClain’s mother Sheneen McClain appeared to refuse to interact with her son’s attorneys and left the courtroom with her right hand held high.
If you are unfortunate enough to be criminally charged in Colorado this may appear to demonstrate that whether you leave that courtroom a free man or shackled off to prison may depend on which attorneys you select to represent you.
