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Dear Friend,
Last year, I met Sharon, a local religious leader, when Together Colorado, a coalition of faith-based community groups, joined me to discuss how we can improve our criminal justice system. In particular, they raised the issue of “show-up” eyewitness identifications--which involve bringing an accused person in front of the victim for an immediate determination--and how they can be unduly suggestive and lead to wrongful arrests. Sharon is an example of how we can come together and exemplify the best in Colorado, even though her story started with heartbreak as a mother.

She told me the story of her son, Charles Battle II, who was at the top of his class and was about to graduate from high school. He had worked hard for a bright future. Charles was arrested by police one day when he was walking home from school. As Sharon explained, the police detained Charles even though he did not match the description of the person who they were looking for as the suspect in a recent crime. Nonetheless, as Sharon related, they brought Charles in front of the victim and asked if he was the right suspect. After the witness said yes, Charles was arrested and placed in jail. He missed his high school graduation while wrongfully jailed. And it took six months for the charges to be dropped.

When Sharon met with our team, she and Together Colorado applauded the work of our Criminal Justice Section in developing a model policy (as required by state law). But as evidenced in Charles’ arrest, that policy had not been adopted and implemented effectively. To address that failing, we agreed to develop a training module for how to follow this policy and engage in appropriate witness identifications. And then we agreed to work together on a new law--“Eyewitness Identification Showup Regulations”--that would prevent unduly suggestive eyewitness identification practices. Here’s my testimony ([link removed]) in favor of this new law that passed with bipartisan support, the endorsement of law enforcement organizations, and is now awaiting the Governor’s signature.

Sharon took a traumatic experience and fought for a better future for other Colorado mothers and children. It’s an honor to partner with leaders like her. Thank you so much for supporting me in doing this work.

Phil
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