A legal complaint accusing District Attorney Todd Risberg of professional misconduct has cost taxpayers more than $40,000 to defend, according to numbers released last week by his office.
The complaint was filed more than two years ago by Durango attorney Tom Williamson. It accuses Risberg of knowingly making false statements, failing to notify defense attorneys of deals offered to co-defendants and meeting with a defendant outside the presence of her attorney while overseeing a 2012 murder trial in La Plata County.
After reviewing the complaint, the Attorney Regulation Council filed a formal complaint Feb. 5 against Risberg in the Colorado Supreme Court.
As of Thursday, Risberg’s legal defense had cost $40,381. He has hired Gordon Vaughan of Colorado Springs to represent him.
La Plata County’s liability insurance carrier will cover $7,500 of the cost, he said, but the rest must come out of the District Attorney’s Office budget.
“It’s unfortunate, but you have to defend these claims,” Risberg said. “Other ones have been much cheaper and they’re disposed of quickly, but you have to deal with them.”
The complaint stems from a murder case involving six defendants who were charged with various crimes related to their roles in the death of Joey Benavidez of Ignacio.
In its complaint, the Attorney Regulation Counsel accuses Risberg of knowingly making false statements about the Colorado Bureau of Investigation’s protocol of testing sealed bags containing physical evidence after they have been opened.
In his legal response, Risberg provides about a dozen snippets from court transcripts that offer context for statements he made. The CBI’s position is not entirely clear, and Risberg said he never intentionally misrepresented the agency’s protocol.
He is also accused 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 who have cases pending can consider whether those agreements may influence co-defendants’ testimony.
In his response, Risberg said the reconsideration motions were disclosed prior to the final defendant’s trial, the information was available to his defense team for use in cross-examination of witnesses, and the defendant was not prejudiced by the timing of the disclosures.
Finally, Risberg is accused of communicating with one of the defendants without first obtaining permission from her attorney and doing so outside the presence of her attorney.
In his response, Risberg said he did not realize the defendant was represented by a lawyer at the time.
Disciplinary cases are handled similar to 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.
If the case goes to trial, it will likely add significantly to the total cost to defend Risberg.
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.
No hearings are scheduled in the case.
shane@durangoherald.com
Risberg's answer to complaint (PDF)
