Denver District Attorney Beth McCann “threw in her support” earlier in the year for Senate Bill 62 and Senate Bill 273, each of which would have set the default bail at $0 for all class 4, 5, 6 and misdemeanor cases in Colorado, allowing for judges a difficult path to invoke an exception in attempting to set bail. In other words, personal recognizance bonds were intended to be the norm by state statute for all defendants charged with a crime in Colorado, save those in the class 1, 2, 3 felony categories.
Sounds like a great idea during a crime wave, right?
To be fair, everyone was doing it. Attorney General Phil Weiser threw in his support, as did reform-minded District Attorney Alexis King from Jefferson County. This despite heavy opposition from law enforcement and community groups already tiring of crime.
Now, with repeat criminals with guns cruising around the streets of Denver and getting out of jail on $0, $1, and $2 bails wreaking havoc on the State’s Capitol City, long-time Denver politician and District Attorney Beth McCann is now changing her tune. Turns out she was for ending cash bail reform—before she was against it. Yes, this is the old volte-face: a classic flip-flop in positions.
DA McCann is now against eliminating cash bail in general even though she testified in support of largely eliminating it this spring during the legislative session. In fact, the legislation passed the State Senate with her support, and was on the brink of becoming law, when it was finally defeated in a House Committee by law enforcement and other groups. This occurred at the 11th hour just short of the calling of adjournment sine die down at the Gold Dome.
What crimes were on that list that DA McCann advocated to let out on presumptive $0 bail? DA McCann told the Colorado House Finance Committee on June 7, 2021 just after 5:00 pm, don’t worry about the felonies: “I know there is some concern about including the felonies in this bill, but the felonies that are included are the lower level felonies that are generally not violent and generally people that are not considered dangerous.”
Well, let’s take a look at these non-violent and low-level felonies that actually are violent and dangerous crimes in many cases. Felony 4 crimes are serious crimes in Colorado: sexual assault on a child, manslaughter, and arson to name a few. In fact, here is a list of all of the felony crimes DA McCann advocated to get presumptive $0 bail: Felony 4, Felony 5, Felony 6.
Not to mention all misdemeanors in Colorado, including DUI, domestic assault, violation of protection orders, etc.
DA McCann however said in a recent hearing in front of Denver City Council on December 6, 2021, according to an article in the Denver Gazette, that she is opposed to “the elimination of cash bail.” She forgot to mention that to the State Legislature a mere 179 days prior when she supported legislation in person on numerous occasions that would have largely eliminated cash bail for all but felony 1, 2 and 3 crimes in Colorado. It turns out DA McCann has one message for 200 East Colfax where she supports her former reform-minded colleagues like Senator Pete Lee, and one message for 1437 Bannock where she has to actually attempt to keep the Denver community safe.
So, what is next on bail reform and issues with bail in Colorado? Other states, like Delaware and Texas, are making lists of crimes they don’t want judges giving free passes on and making those law. Things like numerous prior felony convictions, gun crimes, sex offenses, persons already on release, persons who already failed to appear in a case, domestic violence crimes, and violent crimes. These are common-sense situations where no judge, as the Supreme Court directed, could reasonably say $0 bail is reasonably calculated to guarantee the appearance of the defendant and protect the safety of the community. These jurisdictions are responding to the crime wave, not blame shifting.
As for District Attorney Beth McCann, her message on what she is going to do about it is pretty simple. “I feel like we’re doing the best we can do,” DA McCann told Denver City Council on December 6. For the safety of the citizens of Denver, we’re not sure we’re doing the best we can right now is good enough.
