Protect Ethical Prosecutors Sues Denver Police for Improperly Concealing Public Records on Prosecutor Misconduct

PRESS RELEASE
Feb. 4, 2026

The Denver DA’s Office failed to share evidence with defense attorneys in over 750 cases, and now the Denver Police Department is refusing to release related public records 

DENVER – Protect Ethical Prosecutors filed suit against the Denver Police Department (DPD) for its refusal to share public documents in an apparent effort to conceal communications about systemic prosecutorial misconduct. 

The records that are being improperly concealed are related to the recent admission by the Denver D.A.’s Office that it had failed to share police records and evidence with defense attorneys in as many as 756 criminal cases dating back to 2022. That failure by the Denver D.A.’s Office represents a stunning and unconscionable violation of court discovery rules that denied defendants due process and the opportunity for a fair trial. 

The DPD has denied PEP’s repeated Colorado Open Records Act (CORA) requests for public documents, only be told that they exist but are being withheld for “deliberative process privilege.” The DPD has refused to provide a sworn statement describing the withheld documents and the justification for why each should be subject to privilege, despite PEP’s demands.

Instead, the DPD asserts that the public will only see what it deems the public should see—a position that could allow its office to withhold documents that reflect poorly on employees in the DPD and the Denver D.A.’s Office. 

“This decision by the Denver Police Department to conceal the colossal failure by DPD and the Denver District Attorney’s Office—failures that affected more than 750 defendants—suggests they are prioritizing political convenience over legal obligations and public accountability,” said Iris Eytan, founder of PEP.  

PEP’s lawsuit asks a court to require DPD to justify its decision to withhold the public documents, and to release any documents that aren’t legitimately protected.