The Colorado Independent nonprofit newsroom won a partial victory in its effort to gain access to court files that show why a judge said prosecutors in a death penalty case didn't always conduct themselves properly. The quick background: A judge in the case against Sir Mario Owens found instances where "prosecutors withheld some evidence that could have been favorable to Owens' side." But documents in the case are under seal. The Colorado Independent thinks the public should know what led a judge to rule prosecutors improperly withheld evidence in the case. The prosecutors, led by 18th Judicial District Attorney George Brauchler, who is running for attorney general as a Republican, don't think the public should know. And, apparently, neither does retired Senior District Court Judge Christopher Munch who "gave no legal reasoning for his decision to keep sealing those documents." So, The Colorado Independent filed an emergency petition to the State Supreme Court to lift the seal or compel a judge to do so.

Ballard Spahr attorneys Steven D. Zansberg and Gregory Szewczyk represented The Colorado Independent.

Read the full article here. Subscription may be required.

Related Practice