Chad Abraham:
"Nichols also sanctioned Mordkin in August over pretrial evidence, ruling that certain evidence could not be used in an aggravated motor-vehicle theft case. For that ruling, Nichols cited discovery infractions in five felony cases dating back to 2009.
District Attorney Martin Beeson appealed those sanctions to the Colorado Court of Appeals, which has yet to rule. The prosecutors are asking the appellate court to consolidate the appeals they made in the motor-vehicle theft case and in Robinson’s case.
In the former, Beeson wrote that Nichols’ examples of pretrial missteps involved only a tiny fraction of the caseload that the Aspen district attorney’s office handled correctly. The appeal of the Robinson sanctions are “substantially similar,” the filing says, and the appellate court’s ruling “in either case will in all likelihood dispose of the issues in the other.”...." (Read more? Click title)
Showing posts with label Martin Beeson races for 3rd term. Show all posts
Showing posts with label Martin Beeson races for 3rd term. Show all posts
June 12, 2012
April 27, 2012
SandBoxBlogs: Glenwood Springs Post Independent/Your Letters "DA's term count is all in the math"
David Mead:
"...Mr. Beeson's first term wasn't by appointment, it was by a recall election. Either way, Mr. Beeson entered into the recall election willingly. He was aware of the reduced term when he entered that election, and served based on the term of that cycle. The world of elections don't adjust, based on ignorance to the law. Beeson won that election, and served his first term accordingly.
The next election cycle had the voters choosing him for election term No. 2. If we add 1 + 1, we get 2. I'm fairly confident the voters, regardless of party affiliation, can add. It's certainly a leap of faith for a seated DA to come forward to defend 1+1+1 equaling 2.
In the bigger picture, Mr. Beeson's DA record isn't much better than his fuzzy math. Based on Beeson's mistrials, and the cost to taxpayers, we can't afford Beeson's fuzzy math, or fuzzy logic interpreting the law.
We have a choice in November. Let's choose competence..." (Read more? Click title)
Note: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. ) "
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"...Mr. Beeson's first term wasn't by appointment, it was by a recall election. Either way, Mr. Beeson entered into the recall election willingly. He was aware of the reduced term when he entered that election, and served based on the term of that cycle. The world of elections don't adjust, based on ignorance to the law. Beeson won that election, and served his first term accordingly.
The next election cycle had the voters choosing him for election term No. 2. If we add 1 + 1, we get 2. I'm fairly confident the voters, regardless of party affiliation, can add. It's certainly a leap of faith for a seated DA to come forward to defend 1+1+1 equaling 2.
In the bigger picture, Mr. Beeson's DA record isn't much better than his fuzzy math. Based on Beeson's mistrials, and the cost to taxpayers, we can't afford Beeson's fuzzy math, or fuzzy logic interpreting the law.
We have a choice in November. Let's choose competence..." (Read more? Click title)
Note: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. ) "
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
SandBoxBlogs: Glenwood Springs Post Independent/Your Letters "Partial terms couldn't be filled if they count against a term limit"
Robert Jenkins:
John Colson's April 23 article, “Defense attorney questions DA's eligibility for re-election,” questions whether current District Attorney Martin Beeson, who stepped up and filled the remaining partial term of a recalled DA.......
........states that term limits “have no application to partial terms of office, but rather apply only to full terms.”
Salazar's ruling states term limits don't apply to partial terms?............
......Also, how about asking the current attorney general's office for its opinion on Salazar's previous ruling on this matter and reporting that?.......
.........AG Salazar's ruling makes practical sense and is not a partisan issue, as it applies equally to both parties' candidates serving any partial term of any office.........
.......How would we get anyone to fill a partial term vacancy in any office if filling a short-term vacancy for a few months would prevent that same person from legally running for that office for the full term — in this case, four years.
........states that term limits “have no application to partial terms of office, but rather apply only to full terms.”
Salazar's ruling states term limits don't apply to partial terms?............
......Also, how about asking the current attorney general's office for its opinion on Salazar's previous ruling on this matter and reporting that?.......
.........AG Salazar's ruling makes practical sense and is not a partisan issue, as it applies equally to both parties' candidates serving any partial term of any office.........
.......How would we get anyone to fill a partial term vacancy in any office if filling a short-term vacancy for a few months would prevent that same person from legally running for that office for the full term — in this case, four years.
.......The person stepping up to fill the vacancy did not create the vacancy in the first place. We need people to fill partial term vacancies. Partial terms should not count against that person's ability to serve his own full elected terms..." (Read more? Click title)
NOTE: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )"
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
April 25, 2012
SandBoxBlogs: Aspen Daily News "Caloia to challenge Beeson in DA race"
(See recent related stories and recent public commentary here, here and here)
Chad Abraham:
"Saying she disagrees with the philosophy of the 9th Judicial District prosecutor’s office, a longtime Glenwood Springs lawyer is challenging the re-election bid of District Attorney Martin Beeson.
Sherry Caloia, who has practiced law for 30 years and been a Glenwood resident since 1988, said Tuesday that it was a difficult decision to enter the race.
But Beeson’s statements about the role of defense attorneys, his appeal of a judge’s sanctioning of the Aspen DA’s office and certain prosecutions she finds questionable all led to her decision to enter the race, she said.
The 9th Judicial District encompasses Pitkin, Garfield and Rio Blanco counties.
Ironically, the man she is challenging might not be the top prosecutor had it not been for efforts by Caloia and others to recall the previous district attorney, Colleen Truden, in 2005.
Caloia, 56, organized the petition drive that led to the first recall in Colorado history of a district attorney. Several deputy district attorneys, including Beeson, resigned rather than continue working with Truden. Among the criticisms of Truden were allegations of financial and ethical improprieties.
But Caloia, a defense attorney who also serves as municipal prosecutor for the towns of Basalt and Carbondale, said her efforts then were strictly on the petition effort.
“I didn’t help him get elected,” she said of Beeson, a Republican. “I think he’s a good man, and I respect him ... but I didn’t work on Martin’s campaign.”
Caloia, a longtime Democrat, said the political party in Garfield County lobbied her “very heavily” to throw her hat in the ring. But the issues are not strictly political, she said..." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
Disclaimer:
Chad Abraham:
"Saying she disagrees with the philosophy of the 9th Judicial District prosecutor’s office, a longtime Glenwood Springs lawyer is challenging the re-election bid of District Attorney Martin Beeson.
Sherry Caloia, who has practiced law for 30 years and been a Glenwood resident since 1988, said Tuesday that it was a difficult decision to enter the race.
But Beeson’s statements about the role of defense attorneys, his appeal of a judge’s sanctioning of the Aspen DA’s office and certain prosecutions she finds questionable all led to her decision to enter the race, she said.
The 9th Judicial District encompasses Pitkin, Garfield and Rio Blanco counties.
Ironically, the man she is challenging might not be the top prosecutor had it not been for efforts by Caloia and others to recall the previous district attorney, Colleen Truden, in 2005.
Caloia, 56, organized the petition drive that led to the first recall in Colorado history of a district attorney. Several deputy district attorneys, including Beeson, resigned rather than continue working with Truden. Among the criticisms of Truden were allegations of financial and ethical improprieties.
But Caloia, a defense attorney who also serves as municipal prosecutor for the towns of Basalt and Carbondale, said her efforts then were strictly on the petition effort.
“I didn’t help him get elected,” she said of Beeson, a Republican. “I think he’s a good man, and I respect him ... but I didn’t work on Martin’s campaign.”
Caloia, a longtime Democrat, said the political party in Garfield County lobbied her “very heavily” to throw her hat in the ring. But the issues are not strictly political, she said..." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
Disclaimer:
"Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. ) "
April 24, 2012
SandBoxBlogs: Aspen Daily News "Will district attorney Martin Beeson’s candidacy end up in court?"
Mid-morning update:
A 'sort of' thank you goes out to "Beeson Anonymous #41" for the email tip and personal request to post the following update:
Local attorney Sherry Caloia has entered the race against Martin Beeson for the 9th Judicial District Attorney seat. Caloia was instrumental in getting Beeson petition eligible and elected in his coup over Colleen Truden roughly eight years ago. Information confirmed on Sec of State website.
Good luck to both candidates.
____________________________________________________
(See related story here and disclaimer below)
This...is the reason we wait for the higher standard in investigative reporting that comes off the Aspen Daily News. We do it for the subject content and people. For the communities that are affected by the report. We do it so that there is less spin and greater trust.
Comment ability is now open on the news of DA Beeson's candidacy being highly likely challenged and placed before state courts to decide legitimacy.
Thank you to Carolyn Sackariason. Up on the Aspen Daily News.
"Ninth Judicial District Attorney Martin Beeson appears to be eligible to run for re-election, based on an opinion from the Colorado Attorney General’s office, but his candidacy could end up in the courts.......
.........Once he is certified, opponents have five days to challenge his place on the ballot in Denver district court.
Tom Silverman, a defense attorney in Glenwood Springs who is a former deputy DA, municipal judge and prosecutor, has considered challenging Beeson’s eligibility but has made no decisions. He added that he expects it will be challenged in court by someone.
Silverman argues that there is no legal precedent regarding the attorney general’s opinion.
“The attorney general opinion is not binding on any court,” Silverman wrote in an email. “It also was not written for this situation, it dealt with appointed DAs and has never been accepted by any court.”
Silverman added that as a conservative, Beeson would typically take a position that courts should strictly construe the law. The state constitution in this case says the top prosecutor is not eligible to hold the office, he said.
“Strict construction is not convenient so Beeson is going with ‘judicial legislation,’ or ‘legislating from the bench,’ hoping the court will say that the two-term limitation strictly stated is not what the constitutional amendment means. ... His first elected term of three years should not count because it wasn’t four years,” Silverman wrote. “That construction is nowhere in the amendment.”...." (Read more? Click title)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
Disclaimer:
A 'sort of' thank you goes out to "Beeson Anonymous #41" for the email tip and personal request to post the following update:
Local attorney Sherry Caloia has entered the race against Martin Beeson for the 9th Judicial District Attorney seat. Caloia was instrumental in getting Beeson petition eligible and elected in his coup over Colleen Truden roughly eight years ago. Information confirmed on Sec of State website.
Good luck to both candidates.
____________________________________________________
(See related story here and disclaimer below)
This...is the reason we wait for the higher standard in investigative reporting that comes off the Aspen Daily News. We do it for the subject content and people. For the communities that are affected by the report. We do it so that there is less spin and greater trust.
Comment ability is now open on the news of DA Beeson's candidacy being highly likely challenged and placed before state courts to decide legitimacy.
Thank you to Carolyn Sackariason. Up on the Aspen Daily News.
"Ninth Judicial District Attorney Martin Beeson appears to be eligible to run for re-election, based on an opinion from the Colorado Attorney General’s office, but his candidacy could end up in the courts.......
.........Once he is certified, opponents have five days to challenge his place on the ballot in Denver district court.
Tom Silverman, a defense attorney in Glenwood Springs who is a former deputy DA, municipal judge and prosecutor, has considered challenging Beeson’s eligibility but has made no decisions. He added that he expects it will be challenged in court by someone.
Silverman argues that there is no legal precedent regarding the attorney general’s opinion.
“The attorney general opinion is not binding on any court,” Silverman wrote in an email. “It also was not written for this situation, it dealt with appointed DAs and has never been accepted by any court.”
Silverman added that as a conservative, Beeson would typically take a position that courts should strictly construe the law. The state constitution in this case says the top prosecutor is not eligible to hold the office, he said.
“Strict construction is not convenient so Beeson is going with ‘judicial legislation,’ or ‘legislating from the bench,’ hoping the court will say that the two-term limitation strictly stated is not what the constitutional amendment means. ... His first elected term of three years should not count because it wasn’t four years,” Silverman wrote. “That construction is nowhere in the amendment.”...." (Read more? Click title)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
Disclaimer:
"Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )"
April 23, 2012
SandBoxBlogs: Glenwood Springs Post Independent "Defense attorney questioning DA's eligibility for re-election"
(sighs...rolls eyes)
Note: SandBox disclaimer below.
Note: Because both men in this article are showing absolutely zero regard to the general population they serve, by placing themselves and their flaming controversy(s), (that just so happen to deeply affect the lives of folks in three counties) into the hands of the least trustworthy print news and reporter around (which renders the data they're football tossing around as suspect) 'SandBox Nanny' calls 'Time Out' on both men, blocks comment ability on this post (it would be like sending lambs to the slaughter to let the 'kids' at them in comments) and sits back to wait patiently on the balanced, firm hand of the Aspen Daily News. "If" the Daily doesn't report on this new direction for DA Beeson's political race to run, 'SandBox Nanny' will open comment ability and bless each man as they head into the ring they keep insisting on shoving in the folks faces. Take note of disclaimer below again, please.
John Colson:
"........At issue is whether the three years Beeson served as district attorney when he finished the term of a recalled DA, from 2006 through 2008, counts as his first term in office, or if his first term started when he was elected in 2008. Under state law, district attorneys are limited to two terms in office..........
........Local defense attorney Tom Silverman of Glenwood Springs, a Democrat, contends that the coming four-year term for which Beeson is running would be his third term.
Silverman cited the Colorado Constitution, which states that district attorneys are restricted to two, four-year terms in office.
Beeson, however, maintains that he has yet to serve two full terms in office.
“He is simply wrong,” Beeson said of Silverman's position.
According to his reading of state law, Beeson said, “a term for a district attorney is a full term, and a full term is four years.”
He cited a 2000 legal opinion issued by then-Colorado Attorney General Ken Salazar, which concluded that DAs can serve no more than two full terms.
The opinion did not specifically address the issue of how partial terms count toward the term limits allotment. The opinion states that term limits “have no application to partial terms of office, but rather apply only to full terms.”.....
......Silverman, however, cited a section of the state Constitution, which states that anyone elected “to fill a vacancy ... and who serves at least one half of a term of office shall be considered to have served a term.”
Although that section specifically addresses term limits on U.S. senators and members of Congress, Silverman maintained that the same limitation applies to district attorneys.
“He was elected to a three-year term,” Silverman said, referring to Beeson's initial time in office. “It was more than half a term, so it does count.”.........
.........Silverman questioned why Beeson did not, as state law allows, ask the voters to allow him to serve more than the two-term limit.
In 2009, for example, Mesa County voters decided that those holding the offices of sheriff, DA and coroner could each serve three, four-year terms, rather than the two-term limit imposed by the state..........
.........“Saying I should go to the voters to get permission to run for a second term is like saying I should go to the voters to get permission to drive the speed limit while I'm already driving the speed limit,” Beeson said in an email to the Post Independent. “I am going to the voters. This November.”........
.........Beeson contends that Silverman's questioning of his eligibility to run again stems from courtroom conflicts.
“Let's be clear. Mr. Silverman's issue is not with the law or with the fact that I am in full compliance with the law. His issue is with me,” Beeson wrote in an email. “He is a criminal defense attorney who simply does not like the fact that my office does not coddle his clients, does not accede to his wishes in cases, and does not treat his clients with kid gloves.”
Beeson questioned why Silverman didn't seek another candidate to run, or run for the office himself.
“His failure in this regard speaks volumes,” Beeson wrote. “The adage ‘put up or shut up' is an apt one here.”........"
(Read the rest of this? Click title)
Disclaimer:
Note: SandBox disclaimer below.
Note: Because both men in this article are showing absolutely zero regard to the general population they serve, by placing themselves and their flaming controversy(s), (that just so happen to deeply affect the lives of folks in three counties) into the hands of the least trustworthy print news and reporter around (which renders the data they're football tossing around as suspect) 'SandBox Nanny' calls 'Time Out' on both men, blocks comment ability on this post (it would be like sending lambs to the slaughter to let the 'kids' at them in comments) and sits back to wait patiently on the balanced, firm hand of the Aspen Daily News. "If" the Daily doesn't report on this new direction for DA Beeson's political race to run, 'SandBox Nanny' will open comment ability and bless each man as they head into the ring they keep insisting on shoving in the folks faces. Take note of disclaimer below again, please.
John Colson:
"........At issue is whether the three years Beeson served as district attorney when he finished the term of a recalled DA, from 2006 through 2008, counts as his first term in office, or if his first term started when he was elected in 2008. Under state law, district attorneys are limited to two terms in office..........
........Local defense attorney Tom Silverman of Glenwood Springs, a Democrat, contends that the coming four-year term for which Beeson is running would be his third term.
Silverman cited the Colorado Constitution, which states that district attorneys are restricted to two, four-year terms in office.
Beeson, however, maintains that he has yet to serve two full terms in office.
“He is simply wrong,” Beeson said of Silverman's position.
According to his reading of state law, Beeson said, “a term for a district attorney is a full term, and a full term is four years.”
He cited a 2000 legal opinion issued by then-Colorado Attorney General Ken Salazar, which concluded that DAs can serve no more than two full terms.
The opinion did not specifically address the issue of how partial terms count toward the term limits allotment. The opinion states that term limits “have no application to partial terms of office, but rather apply only to full terms.”.....
......Silverman, however, cited a section of the state Constitution, which states that anyone elected “to fill a vacancy ... and who serves at least one half of a term of office shall be considered to have served a term.”
Although that section specifically addresses term limits on U.S. senators and members of Congress, Silverman maintained that the same limitation applies to district attorneys.
“He was elected to a three-year term,” Silverman said, referring to Beeson's initial time in office. “It was more than half a term, so it does count.”.........
.........Silverman questioned why Beeson did not, as state law allows, ask the voters to allow him to serve more than the two-term limit.
In 2009, for example, Mesa County voters decided that those holding the offices of sheriff, DA and coroner could each serve three, four-year terms, rather than the two-term limit imposed by the state..........
.........“Saying I should go to the voters to get permission to run for a second term is like saying I should go to the voters to get permission to drive the speed limit while I'm already driving the speed limit,” Beeson said in an email to the Post Independent. “I am going to the voters. This November.”........
.........Beeson contends that Silverman's questioning of his eligibility to run again stems from courtroom conflicts.
“Let's be clear. Mr. Silverman's issue is not with the law or with the fact that I am in full compliance with the law. His issue is with me,” Beeson wrote in an email. “He is a criminal defense attorney who simply does not like the fact that my office does not coddle his clients, does not accede to his wishes in cases, and does not treat his clients with kid gloves.”
Beeson questioned why Silverman didn't seek another candidate to run, or run for the office himself.
“His failure in this regard speaks volumes,” Beeson wrote. “The adage ‘put up or shut up' is an apt one here.”........"
(Read the rest of this? Click title)
Disclaimer:
"Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )"
February 15, 2012
SandBox Comments: Aspen Daily News "Beeson: The unflappable jungle colonel"
January 26, 2012, Note from 'SandBox Nanny':
(Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesty of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )
Jerry Bovino, Aspen:
"Do you remember in the Schwarzenegger and Stallone and Bruce Willis movies where it turns out that corruption in government and the military and the CIA is rampant and it goes all the way up to the White House? The protagonist, in grave danger, usually calls The Pentagon or the Capitol from Vietnam or Afghanistan or Beirut and insists on talking to only one person. In the movies, it’s usually the colonel who trained him in the jungles of Southeast Asia. He is the one man that they can trust with their lives. They know he can’t be bought or sold. Metaphorically speaking, Mr. Silverman, we have someone we can trust with our lives — just like the colonel in the movies — right here in Pitkin County. His name is Martin Beeson and we are fortunate he serves us every day as our district attorney. The citizens of Colorado are quite pleased with Mr. Beeson’s integrity and performance. The reason that qualified candidates have not surfaced to run against Mr. Beeson is because they are smart enough to know they would lose...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
(Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesty of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )
Jerry Bovino, Aspen:
"Do you remember in the Schwarzenegger and Stallone and Bruce Willis movies where it turns out that corruption in government and the military and the CIA is rampant and it goes all the way up to the White House? The protagonist, in grave danger, usually calls The Pentagon or the Capitol from Vietnam or Afghanistan or Beirut and insists on talking to only one person. In the movies, it’s usually the colonel who trained him in the jungles of Southeast Asia. He is the one man that they can trust with their lives. They know he can’t be bought or sold. Metaphorically speaking, Mr. Silverman, we have someone we can trust with our lives — just like the colonel in the movies — right here in Pitkin County. His name is Martin Beeson and we are fortunate he serves us every day as our district attorney. The citizens of Colorado are quite pleased with Mr. Beeson’s integrity and performance. The reason that qualified candidates have not surfaced to run against Mr. Beeson is because they are smart enough to know they would lose...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
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