MassGuy
The Monsters Aren’t The Ones Beneath The Bed
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At a motions hearing at the Alfred Araaj U.S. Courthouse in downtown Denver Wednesday, defense attorneys asked U.S. District Judge Daniel Domenico to apply absolute and qualified immunity and toss the case.
Representing Deputy District Attorney Jeff Lindsay, defense attorney William O’Connoll of Wells Anderson, argued, “Mr. Lindsay is alleged to have taken an active hand in drafting the arrest warrant affidavit, which is part and parcel of his role as an advocate the court, it’s part of the judicial process, and it relies on his professionalism judgment for what to include, what not to include.”
Morphew’s attorney, Iris Eytan, urged Domenico look beyond the shield of immunity and hold the actors responsible for supporting a faulty arrest, but the Donald Trump appointee declined.
“You understand I’m just here at the bottom rung and I apply the law set in precedent, so if you are trying to preserve your argument for a higher court, you’ve done it,” Domenico said. “Immunity is something we’re going to have to deal with.”
Analyzing the warrant in question, Domenico said he could see it supporting probable cause for an arrest, but postulated the question should be answered by a judge, not a jury.