In a 21-page response filed this week with the Colorado Supreme Court, the chief prosecutor for a three-county district in Southwest Colorado denied committing professional misconduct while handling a murder case.

District Attorney Todd Risberg provided about a dozen snippets from court transcripts that offer context for statements he made in court that have been called into question by the Attorney Regulation Counsel.

Risberg, who is DA for Archuleta, San Juan and La Plata counties, could not be reached Friday for comment.

His lawyer, Gordon Vaughan of Colorado Springs, declined to discuss specifics about the case but said Risberg hasn’t done anything wrong.

“We don’t believe there’s any breach of the code of professional conduct, and we intend to vigorously defend Mr. Risberg through the administrative process,” Vaughan said.

He declined to say if taxpayers or Risberg are paying Risberg’s legal fees.

The complaint centers around a 2012 murder case involving six defendants who were charged with various crimes related to the death of Joey Benavidez of Ignacio.

The complaint, filed Aug. 5, accuses Risberg of knowingly making false statements about the Colorado Bureau of Investigation’s policy of testing evidence.

It also accuses Risberg of failing to notify defense lawyers that plea agreements offered to co-defendants had been made more favorable. The Attorney Regulation Counsel said prosecutors are required to do so, in part, so defense lawyers can consider whether those agreements may influence co-defendants’ testimony.

In his response, Risberg denies wrongdoing and challenges the Attorney Regulation Counsel’s interpretation of the law as it relates to his obligation.

Finally, the complaint accuses Risberg of communicating with a defendant without first obtaining permission from her attorney and doing so outside the presence of her attorney.

In his response, Risberg said he did not believe the defendant was represented by a particular attorney.

The case will proceed much like a civil trial. Lawyers can submit discovery and motions, during which time the case can be dismissed, settled or eventually go to trial before a three-person panel.

The Attorney Regulation Counsel must present “clear and convincing evidence” that a violation occurred. If it does so, sanctions can range from a private admonition to disbarment.

shane@durangoherald.com

Complaint against Risberg (PDF)

Risberg's answer to complaint (PDF)