Post by WaTcHeR on Sept 11, 2006 9:43:05 GMT -5
09.11.2006 - For more than a decade, Denver has ignored a state law requiring that all drunken driving suspects be fingerprinted and photographed.
Instead, officers allow most DUI suspects to be driven home by a sober acquaintance without being formally booked. And county court judges - who are supposed to order the prints and photos when police or sheriff's officers haven't - have not done so.
The consequences of this catch-and-release policy can be serious, say those involved in the criminal justice process.
Serious criminals and those using false IDs can avoid detection, for instance, said Jefferson County district attorney spokeswoman Pam Russell.
Denver County Court Judge Larry Bohning - a strong advocate of having drunken drivers booked immediately by police or sheriff's deputies - painted an even more dire picture.
"Look at Colorado Springs, where alleged serial killer Charles Robert Browne was first ID'd by one single fingerprint," he said.
Denver appears to be the only metro-area jurisdiction ignoring the law, but other law enforcement agencies have varying policies and procedures for following it.
Last year, Jefferson County sent out a memo to police agencies, reminding them of the law and suggesting, "It would be most helpful if defendants could be fingerprinted and photographed at the time the summons is issued."
But the Jefferson County Sheriff's Office still does not do that. Instead, deputies typically wait for a judge to order the procedure after a suspect's first court appearance.
"A DUI is a traffic offense," said sheriff's spokesman Jim Shires. "Understand that? Why should we make DUIs any different than a speeder?"
Like Denver, Jefferson County releases DUI suspects on a court summons. But unlike Denver, county court judges do send offenders to be printed and photographed if it hasn't been done already.
Judge forced to free suspect
Failing to get a mug shot and fingerprints at the time of arrest, however, gives the suspect an opening to claim that he's a victim of mistaken identity.
Denver County Court Judge James Breese said that is exactly what happened in a recent case in which a man named Jose Castro-Cano, or Castrocan, Castro Can or simply Can showed up and said he wasn't the same person wanted for a 2001 DUI.
Breese said he had to set him free.
Because there were no prints or photos, there was no way to prove whether he was the original defendant.
Various reasons are given for why Denver stopped routinely taking prints and photographs after DUI arrests.
Judge Bohning blamed it on a turf battle between the police and sheriff's departments over who should foot the bill.
Not so, said Denver's new director of corrections, Bill Lovingier, whose department is responsible for fingerprinting and photographing those arrested in Denver.
Since at least the early 1990s, Lovingier said, the practice simply stopped. No one knows exactly when or why.
Denver police Lt. Ron Saunier said drunk drivers were routinely arrested, fingerprinted, photographed and booked in the 1980s.
It is now spelled out in the police manual that "the policy of the Denver Police Department is to limit the incarceration of individuals for traffic offenses," and so "no individual will be jailed on misdemeanor traffic charges, including DUI."
Instead of locking up drunken drivers, Denver police try to find a sober party to pick up the driver. Failing that, it's off to jail.
There are exceptions for cases where a driver's identification cannot be established, the suspect has outstanding arrest warrants or becomes so combative that he or she faces additional charges.
In some cases, a fingerprint is taken where the driver's identity is unclear, but it isn't entered into computer databases, according to the manual.
Judge Breese has led a battle to get Denver to change its policies. He said that at first there was reluctance, and then a proposal was made that fingerprinting be ordered by the court at the suspect's first appearance, as is often done in Jefferson, Arapahoe and Douglas counties.
Finally, though, the Denver Sheriff's Office said its personnel would photograph and fingerprint suspected drunken drivers, a move that will cost $53,000 this year, said Capt. Mike Horner. The start date is Oct. 1.
But Denver police still do not plan to jail suspects. Sheriff's officials say there's no space.
Offender tracking system
The law requiring the fingerprinting and photographing of DUI suspects was passed in 1987. Called the offender-based tracking system, the law was part of an effort to ensure that serious criminals do not fall through the cracks because different jurisdictions use different computers and record-keeping systems.
The law called for records of offenders charged with felonies, Class 1 misdemeanors or drunken driving to be entered in a Colorado Bureau of Investigation database.
The law specifically singled out DUI as a major reportable offense.
More......
www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4983837,00.html
Instead, officers allow most DUI suspects to be driven home by a sober acquaintance without being formally booked. And county court judges - who are supposed to order the prints and photos when police or sheriff's officers haven't - have not done so.
The consequences of this catch-and-release policy can be serious, say those involved in the criminal justice process.
Serious criminals and those using false IDs can avoid detection, for instance, said Jefferson County district attorney spokeswoman Pam Russell.
Denver County Court Judge Larry Bohning - a strong advocate of having drunken drivers booked immediately by police or sheriff's deputies - painted an even more dire picture.
"Look at Colorado Springs, where alleged serial killer Charles Robert Browne was first ID'd by one single fingerprint," he said.
Denver appears to be the only metro-area jurisdiction ignoring the law, but other law enforcement agencies have varying policies and procedures for following it.
Last year, Jefferson County sent out a memo to police agencies, reminding them of the law and suggesting, "It would be most helpful if defendants could be fingerprinted and photographed at the time the summons is issued."
But the Jefferson County Sheriff's Office still does not do that. Instead, deputies typically wait for a judge to order the procedure after a suspect's first court appearance.
"A DUI is a traffic offense," said sheriff's spokesman Jim Shires. "Understand that? Why should we make DUIs any different than a speeder?"
Like Denver, Jefferson County releases DUI suspects on a court summons. But unlike Denver, county court judges do send offenders to be printed and photographed if it hasn't been done already.
Judge forced to free suspect
Failing to get a mug shot and fingerprints at the time of arrest, however, gives the suspect an opening to claim that he's a victim of mistaken identity.
Denver County Court Judge James Breese said that is exactly what happened in a recent case in which a man named Jose Castro-Cano, or Castrocan, Castro Can or simply Can showed up and said he wasn't the same person wanted for a 2001 DUI.
Breese said he had to set him free.
Because there were no prints or photos, there was no way to prove whether he was the original defendant.
Various reasons are given for why Denver stopped routinely taking prints and photographs after DUI arrests.
Judge Bohning blamed it on a turf battle between the police and sheriff's departments over who should foot the bill.
Not so, said Denver's new director of corrections, Bill Lovingier, whose department is responsible for fingerprinting and photographing those arrested in Denver.
Since at least the early 1990s, Lovingier said, the practice simply stopped. No one knows exactly when or why.
Denver police Lt. Ron Saunier said drunk drivers were routinely arrested, fingerprinted, photographed and booked in the 1980s.
It is now spelled out in the police manual that "the policy of the Denver Police Department is to limit the incarceration of individuals for traffic offenses," and so "no individual will be jailed on misdemeanor traffic charges, including DUI."
Instead of locking up drunken drivers, Denver police try to find a sober party to pick up the driver. Failing that, it's off to jail.
There are exceptions for cases where a driver's identification cannot be established, the suspect has outstanding arrest warrants or becomes so combative that he or she faces additional charges.
In some cases, a fingerprint is taken where the driver's identity is unclear, but it isn't entered into computer databases, according to the manual.
Judge Breese has led a battle to get Denver to change its policies. He said that at first there was reluctance, and then a proposal was made that fingerprinting be ordered by the court at the suspect's first appearance, as is often done in Jefferson, Arapahoe and Douglas counties.
Finally, though, the Denver Sheriff's Office said its personnel would photograph and fingerprint suspected drunken drivers, a move that will cost $53,000 this year, said Capt. Mike Horner. The start date is Oct. 1.
But Denver police still do not plan to jail suspects. Sheriff's officials say there's no space.
Offender tracking system
The law requiring the fingerprinting and photographing of DUI suspects was passed in 1987. Called the offender-based tracking system, the law was part of an effort to ensure that serious criminals do not fall through the cracks because different jurisdictions use different computers and record-keeping systems.
The law called for records of offenders charged with felonies, Class 1 misdemeanors or drunken driving to be entered in a Colorado Bureau of Investigation database.
The law specifically singled out DUI as a major reportable offense.
More......
www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4983837,00.html