No charges in Denver city attorney open-records case

CBS4 (Denver): Denver District Attorney Mitch Morrissey said Friday his office will not be filing criminal charges against former Denver City Attorney Scott Martinez or any other members of the city attorney’s office in connection with the curious handling of a Colorado Open Records Act request from 2015.

“I don’t think the left hand knew what the right hand was doing,” Morrissey told CBS4. “They should have turned this over to you (CBS4). I believe it was wrong.”

But Morrissey said his office could not prove anyone willfully violated the open records statute, leading to the no charge decision.

The decision follows a seven month investigation by the Denver DA’s office, a move that was triggered by a CBS4 investigation. The television investigation revolved around the case of former assistant city Attorney Stuart Shapiro.

In 2015, the city attorneys office notified Shaprio he was being fired. But within two weeks, the city attorney sent a letter to Shapiro rescinding that termination. CBS4 filed a legal Colorado Open Records Act request asking for the letter rescinding the Shapiro firing. But the Denver City Attorney’s office responded, “There was no ‘letter or memo or documentation provided to Stuart Shapiro in August 2015 rescinding his termination’ and thus there are not documents responsive to your request.”

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