Over decision to not prosecute McElhany

Denver District Attorney Mitch Morrissey is being called to testify in court on why he didn’t investigate possible criminal behavior by Colorado State Senator Andy McElhany in 2007.

Colorado Ethics Watch, a nonprofit legal watchdog group, wants Morrissey to explain why he didn’t prosecute McElhany for allegedly using private funds for public functions, failing to report a gift, illegally using the state seal and using the state resources for partisan activities.

“Ethics Watch filed this petition because the public deserves to know why District Attorney Morrissey took over a year to decide to do absolutely nothing about potentially criminal violations committed by a public official,” said Chantell Taylor, director of Colorado Ethics Watch, in a written statement. “If the DA won’t prosecute an elected official who has admitted to breaking the law, then how can Coloradoans trust him to enforce criminal standards in his district?”

Colorado Ethics Watch can get the district attorney to appear in court and explain his reasoning for not prosecuting McElhany under a section of Colorado state law. If the judge decides that Morrissey’s reasoning for not prosecuting was “arbitrary or capricious,” the judge can order Morrissey to move forward with the prosecution against McElhany.

Not enough evidence

Dick Reeve, the attorney at the DA’s office in charge of the McElhany case, said the Denver District Attorney’s office looked into the allegations against McElhany but didn’t find enough evidence to proceed. 

“It’s ultimately a grayness when it comes to the evidence,” said Reeve. ”When you say there’s real gray, how will you prove this beyond reasonable doubt?” 

It will be up to the judge after they receive the petition to decide if Morrissey should testify in person or in writing. Either way, the Denver District Attorney is likely finding himself on a different side of the bench.