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10th Circuit says Denver officials did not violate rights of wrongly-convicted man

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10th Circuit says Denver officials did not violate rights of wrongly-convicted man


A person who spent almost three many years behind bars earlier than finally being acquitted of the fees might not sue the Denver prosecutors and regulation enforcement officers whose missteps contributed to his wrongful incarceration, the federal appeals courtroom primarily based in Colorado dominated on Tuesday.

Clarence Moses-EL obtained a 48-year jail sentence for the 1987 assault and rape of a girl in 5 Factors. Though the sufferer, recognized by the initials T.S., didn’t initially identify Moses-EL as a suspect, she advised police he was her assailant after reportedly dreaming concerning the assault. 

Moses-EL was incarcerated for 28 years regardless of a number of flaws in his case, together with the Denver Police Division’s destruction of proof earlier than DNA testing may happen. After a jury acquitted Moses-EL at a second trial in 2016, he sued numerous authorities officers, together with the previous district legal professional of Denver, for violating his rights with their faulty prosecution.

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However after a decrease courtroom decide decided not one of the defendants had violated Moses-EL’s constitutional rights and dismissed his case, a three-judge panel for the U.S. Courtroom of Appeals for the tenth Circuit reached the identical conclusion this week.

“Moses-EL has not plausibly alleged any constitutional declare that Denver fabricated, destroyed, or systematically mishandled proof; that he was maliciously prosecuted; or that Denver was ever conscious that its labs and testing procedures have been poor in Moses-EL’s case,” wrote Choose Gregory A. Phillips within the panel’s Could 31 order.

Ian P. Farrell, an affiliate professor of regulation on the College of Denver, criticized the tenth Circuit’s determination for failing to carry authorities officers accountable for his or her resistance to clearing Moses-EL’s identify.

“The opinion reveals simply how a lot the authorized deck is stacked towards people who declare their rights have been violated,” Farrell stated. “Mr. Moses-EL won’t ever have his day in courtroom, won’t ever get the chance to place the proof of his mistreatment earlier than a jury.”

The case started when T.S. got here residence from a celebration at a close-by residence early within the morning in August 1987. Shortly after 2:15 a.m., an assailant entered her residence, beating and raping her. T.S. advised police and her sister the names of assorted males who had been on the social gathering as doable suspects — none of whom was Moses-EL.

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Later, whereas within the hospital and medicated, T.S. “re-lived” the assault in a dream and recognized Moses-EL as the person who assaulted her. Detective James Huff, now deceased, reportedly had doubts about that declare, however regulation enforcement continued with a concentrate on Moses-EL. Kathren Brown-Dressel, a forensic serologist, carried out blood assessments from swabs taken of T.S. She decided that no man, together with Moses-EL, might be excluded as a suspect.

A jury convicted Moses-EL in 1988. 4 years later, Moses-EL asserted his trial lawyer had been ineffective for failing to conduct DNA testing. After a positive ruling within the Colorado Courtroom of Appeals, Moses-EL raised $1,000 from his fellow inmates to carry out the DNA check. The Denver Police Division sealed the forensic samples in Moses-EL’s case and wrote “DO NOT DESTROY” on the field.

Nevertheless, Huff, who was not advised of the importance of the proof, approved the supplies for destruction earlier than DNA testing may happen.

A break got here in Moses-EL’s case in 2012, when L.C. Jackson, a person convicted of different intercourse crimes whom T.S. initially named as a doable suspect, indicated to Moses-EL’s legal professionals that he had been the one who attacked T.S. The brand new proof triggered additional proceedings in state courtroom, culminating in a brand new trial for Moses-EL and his final acquittal.

Moses-EL introduced a civil lawsuit towards Huff, Brown-Dressel and others alleging malicious prosecution, failure to stop the destruction of proof, and a conspiracy to deprive him of his rights. He additionally alleged the Metropolis and County of Denver had a sample of mishandling proof and failing to coach forensic laboratory personnel.

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In March 2019, U.S. District Courtroom Senior Choose Marcia S. Krieger dismissed the whole lot of Moses-EL’s claims. She defined that the U.S. Structure supplies protections towards purposely dangerous conduct by authorities officers, however not towards police negligence or incompetence.

For instance, Huff allegedly marked the proof for destruction as a result of he didn’t take a look at the notes accompanying the supplies, and anticipated that somebody would have advised him explicitly that the proof wanted to be preserved, given the age of the case. Krieger acknowledged that Huff was careless, however he didn’t act maliciously.

“To be clear: what occurred to Mr. Moses-El was horrifyingly unjust and represents troubling failures at a number of ranges of the regulation enforcement and legal justice methods. Mr. Moses-El and his supporters have each proper to be upset and offended on the some ways through which metropolis and state establishments failed to guard him,” she wrote. “However not all systemic failures give rise to constitutional claims.”

Moses-EL appealed to the tenth Circuit, claiming the allegations plausibly said police and prosecutors purposefully supposed to acquire and preserve Moses-EL’s conviction regardless of the presence of data casting doubt on his culpability. A bunch of incapacity and civil rights organizations additionally weighed in on Moses-EL’s behalf, arguing that Krieger mistakenly held Moses-EL to a better commonplace of exhibiting that his claims weren’t simply believable, however possible.

Throughout oral arguments earlier than the tenth Circuit panel final 12 months, the appellate judges have been skeptical of Moses-EL’s try to indicate the defendants deliberately disadvantaged him of his rights by means of their misguided efforts to show his guilt.

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“I wish to know what’s the premise of your lawsuit towards Detective Huff, who did what he was advised, he advised what he discovered, and I feel you need him to exit on a charging horse and discover the true reply when he’s simply an officer working for the DA,” stated Senior Choose Paul J. Kelly Jr.

Whereas Phillips briefly acknowledged within the panel’s order that Krieger had mistakenly held Moses-EL’s claims to a better commonplace than the regulation requires, a evaluate of the case by the tenth Circuit confirmed Moses-EL had nonetheless not proven he was subjected to malicious prosecution. His declare failed, Phillips wrote, as a result of Moses-EL didn’t plausibly allege that regulation enforcement lacked possible trigger to cost him, or that they acted maliciously.

“Although investigating Jackson might have confirmed ‘fruitful’ with the ‘advantage of hindsight,’ Detective Huff didn’t ignore a possible alibi or different witnesses,” Phillips wrote. “Moreover, Moses-EL doesn’t allege that Detective Huff coerced others to cease investigating different doable leads, and Moses-EL should acknowledge that T.S. has steadfastly recognized him because the rapist.”

Any declare for destroyed proof, the courtroom famous, required Moses-EL to indicate the police acted in unhealthy religion, in accordance with the U.S. Supreme Courtroom’s determination in Arizona v. Youngblood, a case that additionally established police don’t have any constitutional obligation to carry out explicit assessments on proof. Though Youngblood is over three many years outdated, only just lately has the Colorado Courtroom of Appeals indicated that it might consider going ahead whether or not patterns of proof destruction inside regulation enforcement businesses quantity to constitutional violations.

Along with discovering no unhealthy religion by the Denver Police Division, Phillips additionally prompt Moses-EL was partly answerable for the destruction by failing to shortly retrieve the proof earlier than it disappeared.

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As for Brown-Dressel, the panel believed she had not acted maliciously in reaching her conclusions after a blood evaluation, even when different consultants would disagree concerning the findings. Nor may Mitch Morrissey, the elected district legal professional of Denver on the time of Moses-EL’s second trial, be held answerable for allegedly taking part in a conspiracy or spreading lies concerning the case.

Taken collectively, the panel didn’t discover the defendants’ conduct was “conscience-shocking.”

Farrell, the regulation professor, stated it’s conscience-shocking to him that Denver authorities would have prosecuted Moses-EL twice given the data that they had. He’s upset the Denver District Legal professional’s Workplace pursued a second legal trial and fought “tooth and nail” within the civil lawsuit, he added.

Give it some thought – if one other particular person or an organization causes you hurt, you’re allowed to sue them for compensation. But when the federal government wrongfully and thru its egregious negligence takes away a number of many years of your life, the regulation says you’ll be able to’t get compensation — as a result of they did not really violate your rights within the first place,” Farrell stated.

The attorneys for Moses-EL and the defendants didn’t reply to a request for remark.

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The case is Moses-EL v. Metropolis and County of Denver et al.



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For teens, Denver Health’s STEP provides mental health and substance treatment — and hope

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For teens, Denver Health’s STEP provides mental health and substance treatment — and hope


Santiago Bayley remembers a time when he wasn’t sure if he would make it to adulthood — a time when he wasn’t sure if he wanted to live that long.
The Denver Post Season To Share is the annual holiday fundraising campaign for The Denver Post and The Denver Post Community Foundation, a 501(c)(3) nonprofit organization. Grants are awarded to local nonprofit agencies that provide life-changing programs to help low-income children, families and individuals move out of poverty toward stabilization and self-sufficiency. Visit seasontoshare.com to learn more or to donate now.

Now 19 years old, Bayley is one of hundreds of metro Denver teenagers who benefit every year from Denver Health’s Substance Abuse Treatment, Education and Prevention program, known as STEP.

STEP therapists and psychiatrists work with young people at the uniquely challenging intersection of mental health and substance use struggles, medical director Mario Lintz said.

Teens often come to STEP through school referrals or their parents seeking help, or because they were seen in the emergency room or referred through a diversion program for juveniles in the court system.

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Like many program graduates, Bayley found it during one of the lowest points of his life. He attempted suicide by overdose when he was a sophomore in high school and was treated at Denver Health, where he connected with a doctor who told him about STEP.

The swirl of developmental changes that happen in adolescence already makes it a prime time for teens to develop anxiety and negative thinking, Lintz said. Those changes, added to teens’ inclination to take risks while they’re trying to figure out who they are, can be a volatile combination.

“With kids who have a traumatic past, substance use becomes something they use regularly to deal with those things,” Lintz said.

And it might make them feel better at first, until they start experiencing withdrawal symptoms and worsening side effects, and are now struggling with a substance use disorder along with an untreated mental health disorder.

To make it even more challenging, it’s hard to find a provider who will treat both, whether in Colorado or across the country, Lintz added.

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“As much overlap as there is between substance use and mental health disorders, they’re often viewed separately, and there’s not a lot of providers who feel comfortable treating both. It can make the picture unclear, from a mental health standpoint, of what’s going on,” he said.

STEP fills that need with ongoing therapy, medication management and an intensive, eight-week outpatient program for teens and their families.

The program also goes the extra mile to remove barriers that often prevent people from accessing care.

Alaina Walker, 18, during a session with a STEP clinician at Denver Health on Friday, Oct. 10, 2025. Denver Health's STEP program provides young people with free mental health and substance use treatment. (Photo courtesy of Jeff Mosier/Denver Health)
Alaina Walker, 18, during a session with a STEP clinician at Denver Health on Friday, Oct. 10, 2025. Denver Health’s STEP program provides young people with free mental health and substance use treatment. (Photo courtesy of Jeff Mosier/Denver Health)

STEP isn’t just in one location — providers meet with their patients at the Bannock Street offices as well as at 11 Denver-area high schools. The program pays for transportation for about 40 young people to get to appointments every week. And there are always plenty of snacks and beverages on hand for those who need them.

Five years after he first started STEP, Bayley is now working toward an associate’s degree in business with the goal of completing a bachelor’s in marketing and becoming a marketing or brand director. He plans to move to New York City this summer to further his career goals.

It’s a dramatic difference from where he was, Bayley said — from wanting to give up to loving himself and feeling comfortable in his skin.

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“I was a 13-year-old who smoked weed all day and thought college was stupid,” Bayley said. “Now I’m going to college. I care more about my life. Before I was fine dying before 18, and now I’m 19 and I want to live.”

Denver Health STEP program

Address: 660 Bannock St., Denver, CO 80204

In operation since: 2003

Number of employees: 10

Number of volunteers: 0

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Annual budget: $1,178,147

Number of clients served: 5,310 total visits in 2024

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Resignations and rainbow removals: What DU’s move to end DEI looks like on campus

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Resignations and rainbow removals: What DU’s move to end DEI looks like on campus


The Pride Lounge at the University of Denver was a colorful conference room adorned with rainbows, LGBTQ-affirming posters and bookshelves crammed with queer literature.

Students of all backgrounds and beliefs could gather there to chat, study and build community, but the space was particularly affirming and welcoming for the campus’s LGBTQ students — a place they could be their authentic selves.

Eric Duran, former director of the Gender and Sexuality Student Success wing of the private university’s Cultural Center, said he broke down when DU leadership issued a directive last month to scrub the university of resources for LGBTQ people.

Duran and his co-director at the since-renamed Cultural Center resigned this month. Duran said he couldn’t bring himself to dismantle the Pride Lounge, so a colleague removed all LGBTQ-related items from the room — one of the most plainly visible examples of DU’s move this fall to end diversity, equity and inclusion initiatives on campus, drawing anger from some faculty, employees and students.

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“It felt like I was being told to put students back in the closet or to not be visible at the university anymore,” Duran said. “I really did break down. It was a very hard day.”

The resignations occurred weeks after Chancellor Jeremy Haefner announced DU was doing away with many of the services and programs that support students of color and other marginalized scholars out of fear the school would lose federal funding from the Trump administration, which has labeled diversity initiatives as unlawfully discriminatory.

Since returning to office in January, President Donald Trump and his administration have railed against DEI efforts and pulled federal funding from institutions with programs supporting people of color, LGBTQ students and low-income residents who often face extra barriers to college.

Haefner declined an interview for this story, but provided an emailed statement saying DU remained “steadfastly committed” to inclusiveness. He noted that this year’s class of first-year students had the highest percentage of students of color in DU history at 34%.

“I understand change can be hard, especially when individuals feel as though the representation of particular identities may be at stake, and even more so when someone does not agree with why the change is occurring and has invested so much time in advocating for something so critical,” Haefner wrote. “But I continue to be inspired by our staff and faculty who lean into this effort and are focused on making sure that we continue to provide support and resources for all faculty, staff, and students at DU.”

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People who work and learn at the Denver liberal arts college describe “a culture of fear” created by a “university bending to an authoritarian government,” Duran wrote in an email to colleagues upon his resignation.

Haefner told The Denver Post last month that DU was not “kowtowing” to the federal administration and that inclusivity would remain an institutional core value. But as programs and spaces benefitting the university’s most vulnerable students are moved, renamed or dissolved, DU’s marginalized community members say they wonder whether their diversity — once touted by the university as a positive — will be drowned out entirely.

Anxious students

Dheepa Sundaram, DU associate professor of Hindu studies and digital culture, called the current higher education landscape a “crisis situation.” She said she understands there is no easy solution and that the risk of seeing funding cut off is real.

Academic institutions across the country have lost hundreds of millions of dollars in federal funds this year as the Trump administration pulls grants deemed DEI-related.

“But I also think we should fight,” Sundaram said. “We have a risk-averse administration that is also not great at communicating, and that’s made this situation difficult. There’s a lot of confusion around why we won’t fight back. The administration is telling us, ‘Don’t worry. We’re erasing you, but we’re still here.’ That feels really tone deaf.”

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Haefner noted in his statement that since 2023, all universities have been impacted by the Supreme Court ruling on the consideration of race in admissions, including through the “changes in interpretation of the law” that Trump’s Justice Department issued equating DEI with discrimination.

“We remain steadfastly committed to our values, including our commitment to inclusiveness and our collective work to make sure all students can feel welcomed and supported,” Haefner wrote. “We also are committed to comply with the law, and we are confident that we can achieve both goals.”

Sundaram recently met with her students of color to hear their thoughts on the changes at their school this year.

The image on the left shows the website of the University of Denver’s former Cultural Center, which has been rebranded as Community Connections, shown on the right. (Screen captures via web.archive.org and du.edu)

Not only was the Pride Lounge dismantled, but a lounge for students of color was dissolved, too, Sundaram said. The Cultural Center — formerly a space inside the Community Commons building — was relocated to a smaller space on a different floor and renamed Community Connections.

DEI training for faculty and staff was also eliminated.

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Students who give campus tours to incoming freshmen told Sundaram they’ve been instructed to remove references to resources for students of color and LGBTQ students, she said. Her students told her they feel like they have to censor themselves on campus. On a positive note for Sundaram, the professor said the curriculum appears to be untouched.

“I don’t think students know where to go for support,” Sundaram said. “Students feel like they have lost all the different things that made the campus feel special and connected. I don’t think the administration recognizes they are destroying that community aspect they keep emphasizing because students just don’t feel like they have their back. I don’t think I’ve ever seen the students so anxious.”

Haefner said the university created a new Division of Community Support and Engagement in the wake of the DEI rollbacks to further “new means of engagement to lead in building connections for an inclusive environment for the entirety of the DU community.”

Ember Zabe, a 33-year-old student working on a master’s of social work degree, was a queer mentor in a program through the Cultural Center in which they supported undergraduate LGBTQ students. The program was disbanded this fall.

DU also eliminated scholarships, internships, mentorships or leadership programs for specific racial groups or that target underserved geographic areas.

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“My heart is very heavy knowing there are young people entering DU in search of connection and opportunity that no longer exists for them,” Zabe said. “It’s not acceptable that the university boasts about their diverse student body, tokenizing students who have marginalized identities while simultaneously stripping the student body of nearly all supports and resources that support LGBTQ, first-generation and BIPOC (Black, Indigenous and people of color) students.”

Evelyn Stovin, 23, used to be a student employee at the Cultural Center and served as the former president of DU’s Queer Student Alliance.

The Cultural Center once housed the Pride Closet, which offered free, gender-affirming products like chest binders or clothing that students experimenting with their gender identity could wear. The Pride Closet was moved and renamed the Care Closet. Its purpose will be broadened, Stovin said.

“I’m frustrated that we are supposed to be a liberal university in Colorado of all places and we are run by the most despicable people imaginable who don’t have the balls to try and stand up for their students,” Stovin said.

‘DEI is not dead’

The final straw for Duran came when senior administrators said his job title and job description must change to remove any association with diverse groups, he said.

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“That was really when I was like, ‘This isn’t my job anymore to serve LGBTQ students the way I did,’” Duran said.

When Duran resigned Oct. 9, he sent a long email to his colleagues, which has since been widely distributed and referenced in public faculty meetings, Sundaram said. The email, Duran said, was a reflection of what it felt like to be marginalized by the institution.



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Denver weather: Mountain snow overnight, cooler overall Friday

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Denver weather: Mountain snow overnight, cooler overall Friday


DENVER (KDVR) — October’s unseasonably mild weather pattern will continue, but the Denver metro area will have some cooler weather mixed in. Overall, the Denver weather forecast continues to look mostly dry. That said, the mountains will see some light snow overnight Thursday.

Accumulations are expected to be minor, generally 1 to 2 inches, with slightly higher amounts possible in the highest elevations.

Weather tonight: Mountain snow, mostly dry metro

Mild in east Colorado overnight Thursday, while the mountains will be near freezing.

While most precipitation will stay in the mountains overnight Thursday, the Interstate 25 corridor may see a brief light shower overnight. Skies will be mostly cloudy with lows around 40 degrees.

Weather tomorrow: Seasonal weather

Slightly cooler Friday, but temperatures still above normal.

Skies will begin mostly cloudy Friday, but the metro will see sunshine heading into the afternoon. Temperatures will be cooler with highs in the low 60s, which is seasonal. If clouds clear sooner the metro would likely be warmer, but if they stick around longer into the afternoon it’ll be cooler.

Looking ahead: A mild weekend, but briefly cooler next week

Saturday brings sunny skies to the region with temperatures around 70 degrees. Winds will be light from the south. Another storm system will swing by to our north, but highs in Denver will stay well above normal. Winds will also pick up making for a breezy Broncos game.

Up and down temperatures through mid next week.

That same storm system may bring snow to the northern mountains overnight Sunday and Monday. Although it may be left dry again in Denver, a slight chance for a light rain shower exists. Either way it will stay windy. Temperatures will briefly dip into the 50s for Tuesday and Wednesday.

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