On Friday Corey Donahue, of Crazy for Justice, filed 30 formal criminal charges against the Medical Marijuana Enforcement Division for violating Colorado Open Records Act. These charges were filed with the Denver District Attorney’s Office. Dan Hartman head of the state's Medical Marijuana Enforcement Division and Julie Postlethwait the MMED’s Public Information Officer along with Mia Tuschimoto and Marco Vasquez, who is known for making a "deceitful promise,” in relation to the murder of Ismael Mena, were all named as suspects in the charges.
“I just want to see what my government is doing,” said Donahue, “but they are denying me and the people of Colorado access to records that rightfully belong to the people.” These charges were filled one week before the MMED rules are set to come in to affect.
“It should have been easy to see the records, but I also suspected that they would be worried about what I would find, as this is an unconstitutional and illegal entity of the Government of Colorado,” according to Donahue.
Donahue’s trouble gaining access to our public records began two weeks ago. On Monday June 13 Crazy for Justice filed 30 open records requests with the Medical Marijuana Enforcement Division. This request was denied by the MMED and as pursuant to state law Donahue filed a written request as to why access was denied for each of the 30 requests. As Colorado sunshine laws require that a response for denial “must be answered within three working days.” On Thursday June 16, the fourth working day after the requests was submitted and stamped received by the MMED, Donahue along with community leader Miguel Lopez returned to the MMED to view the public records or inquire once again as to the denial of access. They were greeted by Dan Hartman who said, “We would have responded but there was no way to reach you.” This was explained in light of the fact that Mr. Hartman was provided with a letter stamped received by the MMED on June 13 which read,
“This is a formal request in to the reason why access was denied to a public document(s) as maintained by Colorado’s Open Record Act? Please notify me in writing as to the reason(s) for this denial of access within three working days. I can be reached at my email mmedcora@hotmail.com.”
As the penalty for violation of the Colorado Open Record Act is a misdemeanor punishable by a fine of $100 and/or 90 days in prison and no reason for denial was ever produced, Donahue then called the Denver Police Department in order to press charges. After many calls to police officials, Officer Padia of the DPD was dispatched to the MMED. “Officer Padia handled the complaint very professionally and is the type of officer Denver can be proud to have” Corey was, “certain that justice would be delivered.”
However this hope was quickly quashed. After Officer Padia took a statement from Corey he went to talk to the MMED and a call was put in to Sergeant Schimidt to oversee criminal complaint. Sergeant Schimidt entered the MMED and quickly ordered Officer Padia to cease investigating and leave. “He was there for less than a minute and told Officer Padia to leave and for me to contact the AG’s office, as this matter would fall under their jurisdiction,” according to Donahue.
Dejected but not finished Donahue then went directly to the AG’s office to file charges. There Terri Connell, the AG’s secretary, refused to file and said it is a civil matter and that refused inform who to file charges with. “I didn’t go down there to have a secretary tell me that they can’t help and she can’t give me legal advice. I went there to see pursue justice, the MMED is denying access to records that rightfully belong to the people of Colorado at the same time when a lawsuit is pending to challenge the constitutionality of HB-1284 and the Medical Marijuana Enforcement Division, but only Officer Padia was willing to uphold the law.”
The filing Friday of the 30 formal charges now brings this matter to the Denver District Attorney’s office and it will be up to the Denver County DA to see that the government divisions and officials are accountable to the people of Colorado.
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