A Denver District Court judge on Wednesday declined to dismiss a high-profile murder case over comments District Attorney Beth McCann made to the news media, finding that the prosecutor’s public comments were appropriate and ethical.
Defense attorneys accused McCann of misconduct during the prosecution of Remi Cordova, now 17, in the shooting death of 32-year-old Pamela Cabriales at a red light on West Colfax Avenue on Feb. 20, 2021. Cordova was 14 when he was arrested and charged with first-degree murder.
Prosecutors allege Cordova opened fire with an AR-15 rifle after a fender bender and killed Cabriales in an attempt to earn status within the Eastside Crips gang. He is now charged as an adult with first-degree murder and attempted first-degree murder.
Cordova’s public defenders argued in a motion last week that the charges against Cordova should be dismissed because McCann made comments to the media characterizing the killing as “absolute brutal savagery” and because she said the teenager was capable of “cold-blooded murder” and seemed to show no remorse for the killing.
They said her comments violated both professional ethical rules and the order a juvenile court judge previously put in place that prohibited attorneys from discussing the case outside of court in a way that might sway the proceedings unfairly.
District Judge Darryl Shockley rejected that stance during a hearing Wednesday.
“When the district attorney’s office is seeking to treat a juvenile as an adult, it is incumbent on (McCann) to tell the people why,” Shockley said. “…And that is what she did. Her language may have at times been inelegant, but she was letting the people of the city and county of Denver know exactly why — and it’s appropriate for her to do so.”
He also noted that McCann’s comments do not rise to the same level as comments made by 11th Judicial District Attorney Linda Stanley, who last month went through a public disciplinary hearing over public statements she made during the since-dropped prosecution of Barry Morphew in the murder of his wife.
“This comes nowhere close to the statements that were made by (Stanley),” Shockley said. “It’s not apples-to-apples.”
McCann on Wednesday declined to comment through a spokesman.
Defense attorneys also filed a motion in April calling on Shockley to hold McCann in contempt of court over her comments to media outlets about the case.
“I know the court described Ms. McCann’s wording in certain parts as ‘inelegant’ — to me, we are lawyers, we are supposed to be precise with our language and I think that doubly applies to elected officials who are lawyers who know the rules of professional conduct that apply to them,” public defender James Zorich said in court Wednesday. “…There could be ways of talking to the press about this case that would be less objectionable, less outrageous.”
McCann’s attorney, Andrew Ringel, filed a response to the contempt motion on May 6 and argued that McCann’s statements did not violate any laws or ethical rules. She was not aware of the court order limiting pre-trial publicity, Ringel wrote, but even if she had been aware, her comments were still appropriate.
Shockley has not yet ruled on the contempt motion, and a show-cause hearing hasn’t been scheduled.
Cordova is scheduled for a jury trial in October.
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Originally Published: July 24, 2024 at 4:19 p.m.
