Why Are Hundreds Of Coloradans Wrongly Arrested?

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http://www.thedenverchannel.com/news/7263019/detail.html?rss=den&psp=news 20Feb06

DENVER -- A 7NEWS investigation revealed there are hundreds of Coloradans whose records erroneously reflect that they are criminals. Valerie Rodriguez is one of those who was arrested and thrown in jail for a crime she didn't commit.

Rodriguez works for a national financial firm and has no criminal record outside some traffic citations. Yet when she applied for part-time holiday work at the post office, she was turned down because she was told there was a warrant out for her arrest. That began a professional and personal nightmare that has not yet ended for her. "I started crying when I first turned myself in because I was scared," said Rodriguez. "I remember just sitting in jail thinking, 'Oh my God! I can't believe this is happening to me. I've never been arrested before, I've never been in trouble.'"

Rodriguez is working hard to become a licensed securities broker, sometimes even working two jobs. But when she applied for a holiday job, she was stunned with the result of the background check. "I had a warrant issued for my arrest for disturbing the peace and assault," Rodriguez said.

The police report charges that Rodriguez beat another woman outside a Conoco gas station at 35th and Downing Street and then ran away. The victim gave police Rodriguez's name. A 16-year-old student witnessed the attack. "I didn't know what happened. I don't know how my name got involved in this. I was basically looking for answers," Rodriguez said. But when she went to Denver police to ask, she was arrested. "After they put me in handcuffs, they walked me down for booking. From there they fingerprinted me, they took my photo and they placed me in the cell," Rodriguez said.

After posting bond, she spent the next few weeks trying to prepare for a court date when she would face her accuser and the Denver police officer who swore out the general warrant against her. But when she got to court, "There was nobody involved in this case against me there," Rodriguez said.

The police officer in the case, the person she allegedly assaulted and the witness never showed up. "They just dismissed the case," Rodriguez said. But that left her with an arrest on her record and few answers.

According to the Denver police report, Darren Young witnessed the attack for which Rodriguez was arrested. He said the perpetrator was skinny, about 120 pounds and didn't look anything like Rodriguez. Young said he's never even seen Rodriguez before. "Never seen her ... never. Positive, she wasn't there," Young said. "The lady I saw she looked like she lived on the streets and everything. She looked like she was just on drugs and everything. That woman looked nothing like this lady right here."

Young was never called by police to identify Rodriguez nor was he ever subpoenaed to court to testify. 7NEWS' investigation has found Rodriguez's false arrest and ongoing effort to clear her name is hardly unique in Colorado. According the records held by the Colorado Bureau of Investigation, more than 750 people have been cleared as "misidentified victims" through a fingerprint check in the past four years. They had been arrested, or the subject of bad warrants, or their record simply reflected a crime they didn't commit. And those are just the people who knew to protest and clear their record.

Last year 7NEWS did a story on a similar victim, Jerome Powell. He was the subject of sloppy police work in Aurora. Despite his spotless record, he was falsely arrested after a traffic stop on a warrant for a felony he didn't commit. "I've lost a couple of thousand of dollars just trying to stay out of jail," Powell said. "I think people should know that people are being falsely arrested. I think the public should know because then they know that there are bad cops out there or they're bad jurisdictions."

7NEWS also did a story on Mercedes Archuleta, whose nursing baby was taken from her as she was arrested and put in jail after her name was mistakenly entered into a felony warrant in Lakewood. Again, it was a result of sloppy police work. The American Civil Liberties Union is representing her in a lawsuit.

"I feel that they're just trying to cover up their mistakes," Archuleta said. "If the police are making these mistakes, then they need to be held accountable for them." "For me, it's just been really hard. Having to deal with this, take time off work from this, having different court dates I had to appear at. It just basically turned my world upside down," Rodriguez said.

Holding them accountable includes finding out which police or sheriff's departments are making the most false arrests in the state or entering the wrong arrest data in the records of innocent people in Colorado.

To find out, 7NEWS asked the CBI for records that would give us that information. So far, the state officials have refused. But the attorney general is now reconsidering 7NEWS' request. As for Rodriguez, Denver police officials admit the case was probably mishandled by the officer. 7NEWS' investigation has caused her case to be turned over to the department's internal affairs for investigation. But that is little consolation to Rodriguez, who has now spent hundreds of dollars trying to clear her name.

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