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June 20, 2007 06:40 AM UTC

Inside the Jeffco "Kingdom of Corruption"

  • 11 Comments
  • by: Colorado Pols

Byz·an·tine (adjective) — characterized by elaborate scheming and intrigue; deviousness

For example, the Canyon Courier reports:

For the second time in as many weeks, the Courier has obtained copies of a document that Jefferson County officials have otherwise refused to make public — one that alleges a culture of mismanagement exists within the county attorney’s office.

The 12-page document, a “report concerning employment with the Jefferson County attorney’s office,” is essentially a summation of one former assistant county attorney’s observations during the nearly two years that he worked for the department.

The report was written in November 2006 by former county attorney Duncan Bradley, and was purportedly distributed to the three county commissioners (Kevin McCasky said he didn’t recall receiving it) shortly after Bradley was forced to resign for reasons the county has yet to formally disclose…

Commissioner Jim Congrove, however, recalled receiving the document and offered it to the Courier last week, saying he believes the public has “the right to know what goes on” in county government.

Congrove candidly admitted that he recommended Bradley for the job as assistant county attorney about two years ago, and that he asked the new hire to help him keep tabs on the office. Congrove has previously acknowledged using “confidential informants” within government offices to obtain information about the inner workings of different divisions…

In addition, Bradley acknowledges in the report that he aided Congrove in conducting “extensive investigative research” on county critic Mike Zinna, who has unsuccessfully sued the county several times over various matters. He also noted that he was called to assist former county treasurer Mark Paschall when he was called to testify before a grand jury that was investigating whether Congrove forged Zinna’s name on the bill of sale for a truck.

Paschall allegedly had possession of an audio recording of a conversation between the former treasurer and Zinna. Zinna told the Courier last week he was concerned that Paschall had obtained a copy of the recording he surreptitiously made of the pair’s conversation. Zinna said Paschall “knew a lot about what was going on” in that grand jury investigation and that the tape had been handed over to investigators as “evidence.”

To make a very long story short, Commissioner Jim Congrove’s hand-picked operative wrote a report just before being shown the door that tried to throw some of Congrove’s many enemies under the bus, but in the process made more startling revelations about his tenure of backroom plots and legally dubious targeting of county residents. Remember, Congrove has tried to deflect responsibility for his private-investigator fetish at every step. Good job handing still more confirmation of what everyone already knows over to the press.

The article goes on to cite fellow Commissioners Kevin McCasky and Kathy Hartman largely disavowing the conclusions of this report, and arguing against Congrove’s wacky plan to axe the county administrator and “take over” day-to-day operations in Jefferson County (show us a single person who knows Congrove and really wants that). In McCasky’s case, it’s too little too late. McCasky is elbow deep in the Congrove web of intrigue, explicitly approved of at least part of what he was doing up until it became a scandal, and isn’t likely to escape the consequences.

Comments

11 thoughts on “Inside the Jeffco “Kingdom of Corruption”

  1. I’ve got right here in front of me a memo from Ass’t County Atty D.A. John Thirkell to the admissions office of a Colorado state mental hospital:

    I am sending the attached information regarding Mr. [Doe]. He is to be delivered to Ft. Logan today for a court-ordered 72-hr evaluation.  Jefferson Center for Mental Health should be sending you the referral, shortly.”

    What the facsimile doesn’t mention is that the Petition for the 72-hour hold, was prepared by John Thirkell with the help of a divorcing woman’s “Christian” divorce attorney, Madeline Wilson.  What the facsimile doesn’t mention is that the divorcing woman was an employee of the Jefferson Center for Mental Health (JCMH).  What the facsimile doesn’t mention is that the information about to be faxed over to the Ft. Logan state mental hospital was sent by the divorcing woman’s direct supervisor, Tom Olbrich, LCSW, clinical director of JCMH.  What the facsimile doesn’t mention is that the medical information (“referral”) provided by Tom Olbrich actually was the diagnostic allegations provided by his employee (the divorcing woman), the same information contained in her affidavit attached to the Petition for 72-hr hold prepared  by John Thirkell  — in other words, Tom Olbrich and the Jefferson Center for Mental Health never treated or had any access to medical records for Mr. “Doe”  –only the hearsay statements of their employee (the divorcing woman), who was not even only nursing student at the time.

    What the facsimile doesn’t mention is that the subject of this petition –the “patient”– is the man that the woman-petitioner was divorcing. 

    This is how things are done in the JeffCo D.A.’s office.  You can believe that!

  2. Jeffco corrupt? No way!

    Government’s aren’t corrupt! That’s just ‘conspiracy threories’.

    The public’s right to know? Let them eat s#!t!

    Like the signs at Macintyre Gultch on Kipling Street say… F. you Jeffico voters!

  3. It’s obvious that Pols has a serious vendetta against Kevin McCasky.  When I compared Denver District Attorney Mitch Morrissey to Mike Nifong, the seemingly innocuous title of “Mitch Morrissey: Our Own Nifong” was edited from the blog.  But if anything at all that is even vaguely untoward happens in Jeffco, Kevin McCasky’s name comes up like clockwork — even when, as in this case, he appears to be doing the right thing.

    1. Obviously you know little about J. Kevin McCasky – other than reading his campaign literature and listening to him sing and dance at Republobot cotillions. The fact of the matter is that McCasky has only one escape route from this mess. He can either cooperate with investigators, or share a cell with Congrove and his team of assassins.

      I find it supremely humorous that according to the Canyon Courier Story, Attorney Duncan Bradley maligns the fact that the County Auditor was a snitch for the Board of County Commissioners, while Bradley himself is an admitted snitch for Congrove. I guess snitches are just fine so long as they’re “your” snitches.

      Congrove has waxed proudly about using confidential informants, private investigators, and now apparently, a County Attorney to do “extensive investigative research” on Mike Zinna the radio host and Jeffco whistleblower. Meanwhile, other Jeffco Officials have voiced outrage over Congrove’s investigations into political rivals, other Commissioners, and high-level Jeffco Employees. And Congrove now has the audacity to publicly state that he should directly run the county, not the County Administrator? The guy is a certifiable maniac.

      Let’s not forget that Duncan Bradley and Jim Congrove are the prime suspects in the Great Document Heist that took place a couple of years ago at the Taj Mahal. When Sheriff’s Investigators tried to pin down who had the motive, means, and opportunity to steal boxes of files from the County Attorney’s office, the trail always led back to Congrove and Bradley – two ex-cops, who along with their other partner in crime, former disgraced Denver Cop Daril Cinquanta, apparently know a little bit about tampering with evidence.

      In case anyone slept through the 80’s, Cinquanta, before he was Congrove’s Personal Private Dick, was indicted (as a cop) for perjury and other felonies associated with evidence and witness tampering (log on to the Westword and run a search on Cinquanta).

      McCasky’s only shot at freedom is to cooperate with investigators. Which, given the fact that Congrove is publicly attacking McCasky and his friend County Administrator Jim Moore, is likely what McCasky and Moore are doing.

      If you live in Jeffco like I do, and know one or two people in the right places, the public machinations are all pointing in the same direction – major corruption indictment on the way. Congrove knows it and is desperate trying to deflect attention from the inevitable. 

      Remember this, smear jobs always precede a public hanging. And Congrove will destroy anyone who is in a position to help fashion the noose.

      Just ask Mark Paschall.

      1. I’ve been following Zinna’s work for years, have lived in Jeffco for a long time, and have exactly no illusions about the corruption here.  All I maintain is that there is more than enough of it to go around, and especially in the Romer/Pena/Webb machine that has run Denver and our courts.  My beef is that, while there are good reasons to run over McCasky, this article didn’t seem to be among them, as on the face of it, the CC articles seemed to suggest that he was doing the right thing (weird, but it sometimes happens). 

  4. The last time I looked, the Colorado A.G. site says that a county attorney that doesn’t answer a freedom of information act/open records request within the 72 hours can get jail time. 

    The law doesn’t require them to answer direct questions unless they are in a lawsuit and its relevant to that but under the open records act they are supposed to turn over records that relate to what you request. If you request too broadly, you can pay a lot of photocopying.  You can file a document, go to a public hearing and make a complaint, etc. then file for the response to your complaint. If there is no record, they are supposed to send a letter stating “the record you requested, (insert description), was not available” or something similar to that.

    Zinna can apply in his own name for police and sheriff records and then it is his decision whether to use them in another way.

    Do you know what the requirements are and procedure is for getting a special prosecutor?

    I think there are practical problems with trying to make an illegal conspiracy work and that people underestimate these. One is that there are all sorts of forms at every level of government and if you try to misuse the process you can’t fill out the forms or otherwise answer consistently.  Another is that inexperienced criminals have an underlying wish to get caught, I think, because they feel guilty. 

    1. . . . the last time I looked, statute §§ 13-5-135 & 136 said that a judge, who doesn’t rule on a motion, issue or proceeding properly before him within ninety days can have his salary withheld for that quarter but, it has never been enforced. See my diary, Rick Wehmhoefer says, “Statute, schmatute!”  Don’t like it? oo bad; you can’t sue for enforcement of it. See Higgins v. Wehmhoefer, 13 P.3d 837, 838 (Colo. App. 2000) (“district courts do not have subject matter jurisdiction to compel the Commission or its Executive Director to investigate a complaint alleging judicial misconduct”).

      The last time I looked, when a person files a request for a reasonable accommodation under Title II of the ADA, the state entity must acknowledge and respond to the request or is liable for damages to the requestor. See 28 C.F.R. В§ 35.160(b)(2); Duvall v. Kitsap County, 260 F.3d 1124, 1136, 1139 (9th Cir. 2001); Colorado’s publication, Colorado Judicial Department – Access to the Courts: A Resource Guide to Providing Reasonable Accommodations for People with Disabilities – for Judicial Officers, Probation and Court Staff; Colorado Chief Justice Directive 04-07; and cf. Albert v. Smith’s Food & Drug Centers, Inc., 356 F.3d 1242, 1252 (10th Cir. 2004).  Yet, as the Tenth Circuit recently held (in a non-precedential unpublished opinion in Harrington v. Wilson, et al., Jefferson County does not have respond to such a request and the Colorado Civil Rights Division does not need to enforce the state equivalent of the ADA in court buildings or judicial processes (such as the U.S. Supreme Court held in Tennessee v. Lane, 541 U.S. 509 (2004)).

      The last time I looked, C.R.S. В§ 16-5-209 provided that you could hale a D.A. into court to explain his refusal to prosecute a crime but, I’m unaware of anytime that it has ever been allowed to fruition. See, e.g., Schupper v. Smith, 128 P.3d 323 (Colo. App. 2005); Burneson v. Arapahoe County Distr. Atty., Colo.App. Case No. 02CA2170 (decided March 18, 2004)

      My point is, how probable does anybody here think it is that an Open Records Act will be enforcable (by an ordinary citizen) through either jailtime, contempt or lawsuit for declartory or injunctive relief?

      1. You do it thru a writ of mandamus.  You have a statutory right to FIA.  Chris Beall and Thomas Kelley, the lawyers who convinced Judge Nottingham to put me in jail for making non fraudulent filings in court that their employer Mutual Insurance of Bermuda, won some FIA mandamus rights fairly recently.  Look it up, you’ll find them.

        Anyway.  It is a motion for mandamus and it starts with a listing of facts, then argument.  Since you are talking about getting state records, it should be easy to argue.

        The state departments have Freedom of Information Act officers.  I really think they will let you pay to photocopy various records.

        The information that isn’t in there is another question, but why don’t you start with the existing public records.  Don’t forget the tape recordings, which are often much more detailed than the “minutes”.

        1. [T]he delusions of the litigious paranoiac make him believe he has grievances, which he feels can be corrected only through the courts. His career as a litigant is frequently touched off by a lawsuit or legal controversy whose outcome left him dissatisfied. Often he will insist on conducting his own case, quoting voluminously from the cases and statutes. Because he is likely to be of better-than-average intelligence, he may mislead a jury that is uninformed about his paranoiac career and actually convince them that his cause is just.

          Trivial incidents and casual remarks may be interpreted in a markedly biased way, as eloquent proof of conspiracy or injustice. In his telling them, these trivial incidents may be retrospective falsification to be given a grossly distorted and sinister significance. Even incidents of a decade or more ago may now suddenly be remembered as supporting his suspicions, and narrated in minute detail.

          On the other hand, so far as the power of observation is concerned, the paranoid witness may be quite as competent as anyone, and perhaps more than most; his suspiciousness may make him more alert and keen-eyed in watching what goes on.

          Delusions of persecution may evoke intense hatred. This may lead to counter-accusations resting on false memory, which may be very real to the accuser and be narrated by him with strong and convincing feeling. And indeed they may have a kernel of truth; because of his personality and his behavior, many people probably do dislike him. As Freud said, a paranoid does not project into a vacuum. Such a person not infrequently feels the need for vengeance.

          Weihofen, Testimonial Competence and Credibility, 34 Geo.Wash.L.Rev. 53, 82 (1965).

  5. Congrove really wants to supervise the County Attorneys, who are regretably required by state law to defend him against at least two lawsuits right now.  Now that would be an interesting situation.

    Good catch, Colorado Pols, to notice this latest bit of Congrove slime.

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