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The natural conflicts between law enforcement and the watchdog who monitors their investigations bubbled up Tuesday as a Denver City Council committee unanimously approved a proposal to strengthen Denver’s Independent Monitor.
The proposal would require the Denver Police Department, the Denver Sheriff Department and the Denver Fire Department to cooperate with the monitor’s office and to provide requested documents within a reasonable amount of time.
Monitor Nick Mitchell said the changes would eliminate disagreements between his office and law enforcement over access to files, including internal memos.
Mitchell cited a 2013 episode where he tried to get a copy of sheriff’s department memo about how internal affairs investigations should be handled.
The department refused to give a copy to Mitchell, but The Denver Post received it through a Colorado Open Records Act request to the city.
“These disagreements create conflict among our organizations and, frankly, drain resources,” Mitchell said. “The discussion is not being focused where it should be, which is ‘What can we do better?’ “
The proposal to boost the monitor’s authority comes after another officer-involved shooting has riled the city.
Last week, two Denver police officers shot and killed 17-year-old Jessica Hernandez in an alley in the Park Hill neighborhood. Police said Hernandez was driving a stolen car and the officers fired after she drove toward them.
Hernandez’s family and community activists have a called for an independent investigation.
It was the fourth time in seven months that police shot at someone behind the wheel of a moving vehicle. Mitchell has launched a review of the department’s policy, practice and training for those situations.
On Tuesday, Denver District Attorney Mitch Morrissey expressed concern over the proposed ordinance change because it does not define “internal investigation.” Morrissey said he fears the unintended consequence of giving a monitor the power to investigate criminal cases.
Morrissey said he had not had problems with Mitchell pushing the boundaries of investigations. After the meeting, he cited issues with a former monitor who tried to enter crime scenes with officers who had obtained search warrants, even though U.S. Supreme Court rulings say civilians cannot accompany police in those situations.
The proposed changes would not give the monitor access to records and documents that are protected by federal, state or local laws, such as Social Security numbers or access to the National Crime Information Center database.
The police department’s plan to equip its patrol officers with body cameras also came up in the discussion.
Mitchell said he wants full access to the body camera footage, but the police department is making the legal argument that he could not have it.
Instead, he would receive footage only when it is included in an internal investigation case file.
That dispute remains unresolved, Mitchell said.
Mayor Michael Hancock has said he supports the changes to the ordinance.
Noelle Phillips: 303-954-1661, nphillips@denverpost.com or twitter.com/Noelle_Phillips
