Logo       Don Smith
THIS WEEK IN REVIEW ....January 25, 2007
This weeks Reporter-Sterlin Cain

       Doug Harder

Guests: Carl Duncan brought Brian Hart. Rick Campbell brought Brian Moffet.

Fines:   Automatic fine to Joe Dowdy for not having his pin on his suit.
Fining table "one" for two bits from Bezjak to remind them that he is going out of town. Passed.
Carl Duncan: 25 cents to Tommy Fry for getting in line in front of the guest and squeezing him out of
      the jambalaya. Amendment to $1.00. Passed.

Announcements:  Glad to have Rick Jacobus back with us. ( he looked great)

Smith: Please check the roster so we can get it fixed (who kept it?)

Tim Pollack: Ticket for the Raffle on April 28 th are available.

Enslow: C team: Doug was bonding with Betty until she hit a $500 and went home. 90 people deposits 6400 dollars. 8884 in progressive. Deposit was $493. D team is next week.

Bill Parchen is weak but there and says hello.

Talked to Wanda, Rick Carlson's wife, and the doctor is saying he may make a full recovery but some information is conflicting.

Today is the last week to sign up for the Freedom Week. Luncheon is on Tuesday, the 20 th of February. We will not have a meeting that week. This will take the place of the meeting.

Miley: 8 AM on the Saturday before the Superbowl, at Orchard and University for a Bart Starr award breakfast. Dave is buying.

Stump: Sign up for the rush party. We need better response.

Norm: Little boy went to school. Teach said “Hi Johnny having a good day?” “Yah, I saw a dead cat on the way to school and I pissed in his ear.” “What! How did you know he was dead?” “I got down on my knees and went psssst in his ear and he didn't get up.”


None, so program could have more time (and it was worth it).

Program: Jim Rees introduced Mark Hurlbert, District Attorney for District 5, from Summit, Eagle, Lake and Clear Creek Counties .

Mark went to Dillon. Undergraduate at Dartmouth and CU Law school. Went to work as a prosecuter up in that area. In 2002 he was appointed as District 5 District Attorney.  He had been a prosecutor for about 10 years before he became the elected DA.

Mark’s office handles about 12,000 cases a year, 1,000 a year are felonies. He has 11 attorneys in the 4 offices. Budget is about $2.7 million dollars a year. To put that in perspective, Kobe Bryant gave his wife a $4 million dollar ring when she found out about his arrest.

The district commissioners helped out with the auxiliary funding during the Bryant case.

Certainly never saw the media converge before like they did on the Bryant case.

The District Attorneys office tried to keep things under wraps as much as possible before the Sheriff arrested Kobe . The moment he was arrested, the onslaught began. The office was flooded with calls from the media. Mark had talked with Bill Ritter and Dave Thomas and thought they had helped him prepare, but it was tougher then he could imagine.

Eagle has about 3,000 residents and about 3,500 media showed up. The DA’s office kept the name of the victim private, but the media simply went around asking almost every single person in town who the victim could be until they found out. It wasn't hard to quiz every 17-22 year old woman in a town that small.

They were getting 1,000 to 1,500 people calling up at their office every single day. This is an office of 11 people and they have no dedicated press officer like the bigger DA offices in the state. His administrative assistant had to field every single one of these calls. The media also camped out at the door of his office every single day to ask him why he hadn't filed charges. Understand, it took him a full two weeks to file the charges.

Mark was meeting with the victim every single day. She even offered to waive her rights to a civil case just to show how serious she was about the case.

The sex assault expert DA's from Jefferson and Denver also came up to look at his evidence and they also assured him that he had an ethical obligation to file the case and that he had a good case.

At that point he decided to file charges and that he needed to hire a press person. He hired Chris ?? because he had worked with her before and because she had good credentials.

He broke the charges in front of about 300 press and onlookers. His mom called afterward and said that he looked great, but boy was his hairline receding.

If you are convicted of a sex case in Colorado , you are either in prison or on probation for the REST OF YOUR LIFE. There was no possibility of pleading on this case.

He spoke with the DA's that handled a lot of the other big sports celebrity cases that have hit recently. They all said the same thing... the press will start out nice and then they will turn on you.

Of all the interviews, the one by Charlie Gibson was the best. You could tell that he was a nice guy. He would ask a question, listen to the answer, and then ask a follow up question that was relevant to the answer. Charlie asked one question about the facts, Mark told him that he couldn't talk about the facts, and then Charlie didn't ask any more questions about the facts. Matt Lauer was the worst interviewer. You could tell he was asking pre-printed questions, he kept asking about the facts repeatedly and was not responsive to the interview. One question that particularly stuck out was that Matt said that he wasn't going to ask about the facts and then pointedly asked if they had done a rape kit, which was pointedly about the facts.

The press turned eventually when they found that they were not going to get any leaks from his office.

The team was assembled from several DA offices that had loaned their top investigators to his office for the case. He sent them out to look at Kobe . They talked to his teammates, to the teachers at the NBA school, and to every single police department and rape unit in every single NBA city.

In the meanwhile the victim was being attacked by people who she thought were her friends, her every move had been scrutinized, even her tryout for American Idol was turned into a bad thing. This is a girl who had sung for her high school choir and just wanted to see how far she could go.

At this point is when the tabloids came in. They, unlike the regular press, pay people for information, lots of money. The DA’s office had to get help from the FBI to tap their phones to follow up on death threats (80-85 of them) and to check for leaks. They had to regularly change their cleaning crews and everything was kept under lock and key.

They also had two “white powder” scares. Prior to this case they had no protocol for dealing with the mail. The first one was opened by his assistant and the powder just spilled right there on the file. They had to evacuate the office and call in the fire department to clean it up. The second one was handled better because they had the mail procedures in place by that point.

For every meeting they had, tabloid reporters staked out on the street corners with ultra sensitive microphones trying to pick up the vibrations from the windows. They were also concerned about bugs, so they had to get the CBI to come in a sweep for them.

Also during this case you saw the rise of the “legal expert”. Legal experts are basically attorneys without jobs. One of them noticed that three of the officers on the complaint were part of the drug task force. So Mark had to tell the press that there were no drugs involved and that revealing that they were part of the task force could endanger their lives.

The DA's office never heard from the NBA. The league had no involvement in the case whatsoever.

After 14 months of being followed around, the victim said enough and they had to dismiss the case. The tabloids paid $10,000 to one of the people in her group therapy session. That is the straw that broke her back.

There were some questions asked about the Duke Lacrosse rape case. The problem there is that the DA made some very inflammatory statements early on in the case. Big mistake and now his license is in trouble.

What about the victim having sex with three men in three days? To answer that, she had told Mark from the start that she had had sex with a friend two days before the rape. Her friend had used a condom so there would have been no evidence, except that the victim told this fact to the prosecution just to make sure that there would be no confusion. As for the “other persons” DNA, one was from a fiend she had had sex with two weeks before. There was also DNA from contamination in the lab. By the way, sperm is viable for about 72 hours, but remnants of the DNA can remain detectable for up to three weeks.

It has gotten so sophisticated that in the Jon Bonet case, they purchased a clean pair of underwear from Macy's and detected DNA from the worker in China who had packaged the underwear.

If Mark has taken anything from this, it is the experience of doing litigation at a very high level. It is good for his district now that his office has this experience.

It is always the case that media will turn against the prosecutor. First, in the high profile cases they don't like to see their heroes attacked and in smaller cases they like to point out every mistake and portray the DA as someone just looking to move up to the next higher office.

  Buckland or Stein?      ?


       On the calendar ..




Jan 29 - D Team
Feb 5 - E Team
Feb 12 - A Team
Feb 19 - B Team
Feb 26 - C Team
Mar 5 - D Team
Mar 12 - E Team




       Feb 1 - Regular Meeting - SOD Buckland
       Feb 2 - Growth Party - Bring Guest
       Feb 8 - Regular Meeting - SOD Cain
       Feb 15 - Regular Meeting - SOD Cambell
       Feb 17-18 Soap Box Derby
       Feb 19 - International President's reception
       Feb 20 - Freedom Week at the Sheraton (No regular meeting this week)
       Mar 1 - Regular Meeting - SOD Combellick
       Mar 8 - Regular Meeting - SOD Dowdey
       Mar 9 - Spring awards banquet
       Mar 15 - Regular Meeting - SOD
       Mar 24 - Texas Hold'em
       May 3 - 5 Regional in Colorado Springs.

   Click the printer (or here) for a printable version

   Editors notes:    
If you want an electronic copy of the Roster,    send me an e-mail.     donny46@comcast.net

Movie review:

The Guardian