Denver DA defends decision to not file charges against police for alleged records law violation

Denver7: Denver District Attorney Beth McCann is defending her decision to decline criminal charges for the city’s police chief and deputy chief in the face of criticism from her predecessor and the police union.

In May, McCann announced she would not bring misdemeanor charges against DPD Chief Robert White or Deputy Chief Matt Murray after an investigation into alleged violations of the Colorado Open Records Act (CORA). After declining multiple requests for interviews about the decision, McCann agreed to sit down with Denver7 Investigates to answer questions.

“The law requires a knowing and willful violation,” McCann said. “I evaluated the evidence that we that we had developed in the investigation, and it was my conclusion that I did not have adequate facts to be able to prove criminal intent in the case.”

The police union asked McCann’s office to investigate after DPD twice failed to produce a requested letter written by the former DA Mitch Morrissey to Chief White last year, criticizing Murray’s handling of a sexual assault investigation. The department only turned over the letter to the union after Denver7 Investigates asked officials about the situation – about a month after the union initially requested it.

McCann said Murray and White handled the records request carelessly but she could not prove it rose to the level of a criminal violation.

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