Denver police union asks for special prosecutor in open-records case involving top officials

The Denver Post: The Denver police union is asking a judge to force the prosecution of police Chief Robert White and Deputy Chief Matt Murray and to appoint a special attorney to present a criminal case involving open-records laws.

The petition was filed in Denver District Court on behalf of the Denver Police Protective Association, which represents rank-and-file officers in collective bargaining. The union has been vocal in its criticism of White and Murray, and now it is raising questions about newly elected District Attorney Beth McCann’s decision not to prosecute the chiefs for alleged violations of state open-records laws.

Under state law, a judge could hold a hearing where McCann would have to explain her decision not to prosecute the two chiefs. If the judge decided McCann’s decision was arbitrary, capricious or unreasonable, the judge could order prosecution and appoint a special attorney.

McCann’s office had investigated White and Murray’s handling of an open-records request from the police union, which was seeking a copy of a letter from a former district attorney that was critical of Murray’s handling of an internal investigation.

In announcing her decision, McCann said the two police chiefs had been careless but she had determined their actions did not rise to a criminal violation. She also recommended the city’s Department of Safety review its procedures for responding to open-records requests.

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