Another Member of the Colorado Justice System Elite Escapes Punishment

The former Montrose District Attorney Myrl Serra was sentenced last week to four years probation and two months in the county jail for the sexual harassment and assault of multiple victims over a span of three years. Serra also received a one-year prison sentence for violating his bond by attempting to harass one of his victims prior to trial.

The three years of sexual assaults occured in the offices of the Montrose District Attorney where Serra was the department head for 15 years. Serra's victims included employees, clerks, and members of the probation department. Court records show that Serra exposed himself to multiple victims and regularly used his power as the DA to threaten to fire women who would not have sex with him.

Serra told one victim who defied him, "I am the master. You can't mess with me." A victim described Serra as a predator, sexual deviant and tyrant that caused, "pain and sickness that have no words to express."

In a plea deal, Serra was allowed to plead guilty without admitting any wrongdoing and his felony sexual assault charges were reduced to misdemeanors and the judge granted him a special sentencing stipulation so Serra could have contact with his 10-year old adopted son.

Normally people with Serra's crimes are charged with sexual assault by a person in the position of trust with a pattern of abuse. These are considered serious sex offense felonies carrying a sentence range of 18 years to life with absolutely no contact with anyone under the age of 18.

The Colorado Department of Corrections is full of nonviolent victimless inmates that have done far less than Serra, yet are serving life sentences. Normally prosecutors go for the highest felony charge possible in sex cases, it is seen as an easy conviction and career booster. However, in this case special prosecutor Robert Shapiro sought the minimum charges against his fellow District Attorney.

District Judge David Bottger who gave Serra the unusually light sentence said he believed the victims' testimony, but Serra would have a better chance to get treatment for his sex offending behavior outside of prison.   Justice advocacy groups like Advocates for Change (AFC) point to the double standard in the state when it comes to sentencing Colorado's elite. One member of the AFC speaking on the condition of anonymity because they have a family member in the justice system said, ''If you have a badge or are a prosecutor in this state you can do whatever you want - you're part of the power peddlers, the 1 percent, power is not always about money, it's also about being able to take freedom from others and think the rules don't apply to you. Police here beat and kill innocent people in the streets and are allowed back on the force, DAs lie to juries and prosecute the innocent while letting their buddies go free. What kind of liberty and justice is this?"

In the presentencing psychiatric evaluation Serra was found to have a narcissistic disorder. After sentencing Serra told reporters, ''Was I a pig? Yeah," he went on to say when asked about his sentence ''got what I wanted, I win." When asked about the victims of his three years of abuse he said, "they are good actresses.''

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Abusive cops back on the beat

Last week in the Denver Post's letters to the editor section angry citizens wrote about their frustration with the corruption in the Colorado criminal justice system. (See "Denver rife with wrongful arrests and prosecutions" - for back story)

Frank Galmish of Denver wrote the Post saying: It seems like bad-performing cops, even if caught on camera, always have an ace card down for Denver's Civil Service Commission will always excuse anything they do because they really didn't ''intend'' to do whatever wrong they are accused of doing or failing to do.

Wouldn't it be nice to tell a judge or jury that you really didn't intend to run that red light or shoot that person but the gun just went off?"

Jean McBirnie of Denver adds:

These two cops did not "intentionally" lie on their reports? The only intent they had was to get caught in their lies. They obviously didn't realize they were caught on city cameras during the incident.

Further, their own actions, violent and out of control, inflamed the situation: Cops must be calm, cool and level-headed in order to calm a bad situation down.

These cops are the epitome of what is wrong with the Denver Police Department these days. They should not be rehired.

FBI investigating more public corruption in Colorado

The FBI recently told the Denver Post that the Bureau is investigating more complaints of public corruption here than in past years.

According to the FBI, public corruption includes law enforcement and legislative corruption, and the misuse of stimulus money - any abuse of public office for personal gain.

Special Agent Brian Schmitt said, ''We are very busy right now. I don't know if it is a result of the down economy or if there are more avenues to report."

Unfortunately because of ''color of law'' rules, and judicial and prosecutorial immunity laws that allow cops, prosecutors, and judges immunity from prosecution for almost any job related wrongdoing - including murder, hiding evidence, and lying to juries to get a conviction. The FBI admits it is very hard to hold these public officials accountable to the laws the rest of us most follow.

Pentagon says sex crimes up for war weary soldiers

Last week the Pentagon released a report showing that sexual offenses and cases of domestic violence by service members has increased by 30 percent since 2006.

The report was part of an annual mental health assesment of a military that has felt the stress of war for over a decade.

Army Vice Chief of Staff Gen. Peter Chiarelli said in a Pentagon briefing on the study, "After 10 years of war with an all-volunteer force, you re going to have problems that no one could have forecasted before this began.''

Unfortunately for the soldiers, these crimes often land them in civilian courts that prosecute sex offenses to the fullest punishment allowed by law. In Colorado this means life sentences even for nonviolent offenders. With the large number of military personnel in Colorado along with the state's punitive justice system it is easy to see how a significant percentage of those languishing in prison under the Lifetime Supervision Act once volunteered to sacrifice everything for their country'.

The Colorado Department of Corrections currently does not provide any PTSD treatment or counseling for veterans.

The Pentagon report also found:

- 472,000 service members suffer from PTSD

- 24,000 service members were referred to substance abuse treatment.

- The Army had 126,000 cases of traumatic brain injury.
- 278 soldiers committed suicide last year.

* Gen. Peter Chiarelli commanded the 1st Cavalry Division during combat operations in Iraq and is an alumni of the prestigious Seattle University.