Colorado AG wraps ‘unprecedented’ probe of DA’s Victim Rights Act violations

DENVER (CN) — Following an investigation into complaints of systemic Victim Rights Act violations, Colorado Attorney General Phil Weiser announced an agreement Tuesday to bring the 12th Judicial District Attorney’s Office into legal compliance.

“In what is an unprecedented matter for our office, we received complaints of violations of the Victim Rights Act, and we investigated those to see whether victims’ civil rights were violated,” Weiser said at a press conference.

Weiser said this is the first time the state has investigated and enforced a district attorney’s duties under the Victims Rights Act since it was signed into law in 1993.

“When you have a loved one that is harmed or potentially killed, when you suffer as a victim of a crime, the idea of our justice system is to repair a breach in society. If someone has harmed you against the law, your right is to be apprised of the proceedings that are happening,” Weiser explained.

The 12th Judicial District includes Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Sagauche counties in Colorado’s San Luis Valley. District Attorney Alonzo Payne, a progressive Democrat endorsed by Bernie Sanders, won an unchallenged election in 2020 with 2,828 votes.

The state began investigating into Victim Rights Act violations this past February.

“The District Attorney’s Office has not kept victims informed about their cases, and it has repeatedly failed to consult with victims about plea deals or case dismissals,” the 23-page agreement said. “The district attorney’s office has also treated victims disrespectfully, by ignoring, belittling, and even yelling at them.”

Payne entered into a three-year agreement with the state designed to bring the district into legal compliance, providing mandatory notice to victims of crimes about case status and consulting with them throughout the process.

The agreement also places a state monitor in the district attorney’s office.

In June, voters in the district turned in 4,757 petition signatures to the secretary of state’s office initiating a recall election.

The recall petition claimed Payne failed to perform the basic functions of a district attorney, leaving more than 20 arrest warrants for serious felonies unprocessed and a backlog of 116 other serious cases, in addition to eight violations of the Victim Rights Act within in his first year in office.

Per the petition, Payne also "stated [he] doesn't think jail is appropriate," and "reduced an agreed upon plea deal to spite a victim that filed a complaint."

If recall efforts are successful and Payne is removed from office, Weiser said the compliance agreement would remain in effect at least six months following the transition.

“My view is the office has serious work to do, and if that work doesn’t happen, we have mechanisms in place to ensure compliance, including going to court to remove these cases from the district attorney’s office,” Weiser said.

Payne did not immediately respond to a request for comment.  

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