ACLU: City of Pueblo "Didn't comply with the Constitution"
Nov 11, 2024
(PUEBLO, Colo.)-- Three people have been released from the Pueblo County Jail after a judge ruled they were being held unconstitutionally.
The American Civil Liberties Union (ACLU) claims when a person misses a court date in Pueblo, non-jail charges could turn into sentences for months or even years, and they said that's exactly what happened to the three people they are representing.
On Friday, Nov. 1, a Pueblo District Court determined that the City of Pueblo had violated a basic constitutional requirement and had failed to issue charging documents that would have allowed the petitioners to prepare a defense, and would have protected the three against future charges for the same offenses.
"They [the City of Pueblo] didn't comply with the Constitution; they flagrantly violated the Constitution. So, we represented three individuals," said Tim McDonald, Director of the ACLU in Colorado.
PREVIOUS COVERAGE: Court rules against Pueblo for illegally imprisoning three
The ACLU said Dean Lopez, Lyrcis Martinez, and Michael Tafoya were all unlawfully put in the Pueblo County Jail for missing court dates under an ordinance that allows the City to place people in jail for up to 364 days even when their alleged offense carries no jail time.
"They had been charged largely with petty offenses like loitering, standing in the median, or a trespass under state law," said McDonald.
The ACLU claims that Martinez and Lopez's contempt charges resulted in them spending hundreds of days in jail.
"The Constitution requires to tell someone what the charges are against them. The City of Pueblo dispensed with that entirely as a matter of its own policy, and that's what the judge in our case said was a violation, a flagrant violation of the constitutional rights of our clients," said McDonald.
The judge determined the City of Pueblo neglected to provide charging documents that would have allowed time to prepare a defense and protect all three against future charges.
"They were systematically and intentionally violating their own citizens' constitutional rights," said McDonald.
Mayor Heather Graham disagrees. In a statement on Facebook she said in part; "These individuals skipped court and failed to appear for years at a time, wasting city time, taxes, and resources, when they finally did appear in court after being arrested again, they were given a verbal advisement, copies of their warrants and were represented by counsel."
McDonald responded saying; "What the mayor calls a technicality, we say is the root of our liberty. It's called the Constitution that the constitution is not a technicality. It is what prevents cities, other governments from running roughshod over the civil rights and civil liberties of our citizens."
The mayor's full statement can be found below:
I am saddened that in my city, a criminal who has broken the law more than 20 times receives more empathy than every day law abiding citizens of Pueblo who are plagued day in and day out by criminal acts all over our community. These criminal acts include trespassing, theft, loitering, unwanted party and more yet the criminals receive more favor and outreach from anti-jail advocates rather than acknowledging the reckless behavior affecting every area of Pueblo. Every day, citizens call the Mayor’s Office and ask what is being done to address crime or if we have a plan to assist with recidivism. Then when Municipal Court, the Pueblo Police Department or another arm of the City works within its powers to address these issues, we are met with criticism.
Today Judge Chostner ruled in the ACLU cases v. the City of Pueblo, that these criminals should be released on a technicality because they presumably did not receive a proper citation or notice for their contempt charges on a piece of paper. Yet, these individuals skipped court and failed to appear for years at a time, wasting City time, taxes and resources. When they finally did appear after being arrested again, they were given a verbal advisement, copies of their warrants and were represented by counsel. Then they waived their rights to trial and voluntarily plead to charges. None of that matter[s] though because they did not receive a piece of paper.
Now the ACLU has come to advocate for criminals who plague this City and expects to receive support for their advocacy. Instead, Puebloans should be asking why the ACLU would be complicit with criminal behavior? Why should criminals not be held accountable and be able to continue to reoffend in our city? Does the ACLU not realize that homelessness does not equate to helplessness. Now the greater Pueblo community is left helpless with opinions and rulings like what was given [Friday].
Mayor of Pueblo Heather Graham