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Private prosecution funds face hard road

Council skeptical of mayor's idea for gang cases

Published March 22, 2007 at midnight

Denver Mayor John Hickenlooper's plan to use private funds to support gang prosecution ran into a wall of skepticism at the City Council's finance committee Wednesday.

Councilwoman Carol Boigon said she would oppose any such plan, however constructed, a position that appeared to resonate among other council members.

Committee chairwoman Jeanne Faatz said she is dubious of both the mayor's proposal and of the secrecy with which it's been handled.

Public funds, not private, best support prosecutions, she said.

Faatz asked what would happen if the funds came from a businessman who wanted his property protected at the expense of a neighborhood.

To avoid that, any donor would have to undergo intense scrutiny, and even then Faatz said she was not certain she would go along.

City Council President Michael Hancock agreed, saying that plan gave him grave concern.

"This could cross a very serious line that we don't want to breach," he said.

He said if Faatz, the resident fiscal conservative on the council, favored adding more public funds for prosecutions, her reasoning likely had merit.

Hickenlooper has proposed taking $150,000 from an undisclosed source to support District Attorney Mitch Morrissey's plan to beef up his gang unit by two prosecutors, an investigator and a legal secretary.

After making the announcement last month that a private individual would be behind the contributions, Hickenlooper's office declined to say who that was.

Staffers, however, have said it is a foundation, not an individual, making the proposal - and that the identity of the group would eventually be disclosed.

Faatz said that even if the money were to come from a foundation, it wouldn't solve the problem. In fact, she said, it could make it worse by diminishing the transparency of who's giving the gift.

She said she would want to know the origin of every cent raised by the mayor.

Morrissey has asked for an added $426,000 for the first 18 months of the program.

He says the gang problem in the city is so severe that he is adding the necessary staff even before officially asking the council for the funds.

Council members have indicated that they will welcome his request for added funds.

District attorneys sometimes receive private funds for projects not directly related to prosecutions, such as funds for witnesses and victims. The plan to raise money for gang prosecutions, however, appears novel.

Council members said that private funds for direct prosecutions could involve the city in possible appearances of conflicts of interest.

Boigon said her opposition was so fundamental that she could not support the proposal no matter how transparent the mayor's office made the donations.

Hickenlooper, who was not at the meeting, gave some ground in an interview late Wednesday, saying that if the city "would prefer to use general fund money" for the DA's program, "we support that."

But on the issue of anonymity, he held firm. He said the "whole point of taking the money from a foundation without disclosing the names of who gave the money was so that they could never get any special favors."

This is not the first time Faatz and other council members have opposed Hickenlooper on an issue of public safety.

In 2005, the council added 19 more positions to the police force than the mayor asked for, saying crime was the No. 1 issue in their districts.

Denver police recently reported that crime was down last year.

But council members say the issue of gangs still rages among their constituents.

Hancock said he does not know of a single council member who would oppose Morrissey's request for added funds.

More cops on force

19 more positions were added to the police force in 2005 than the mayor asked for because the City Council said crime was the top issue in their districts.

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