Barry Gutierrez © News Eagle County District Attorney Mark Hurlbert faces a tough battle for re-election against Democrat Bruce Brown of Evergreen. Brown criticized Hurlbert's handling of the Kobe Bryant case. Others, however, said they don't see Hurlbert's prosecution of the case as a strike against him on the campaign trail.

Eagle County DA must now face an uphill run for office

By Charlie Brennan, Rocky Mountain News
September 3, 2004

EAGLE - Mark Hurlbert faces the unenviable task now of campaigning for re-election as Eagle County's district attorney after the collapse of one of the most closely watched criminal cases in Colorado history.

Bruce Brown, 41, is the Democrat who will oppose Hurlbert, and Brown is ready and willing to use the dismissal of the star-crossed case against him.

Advertisement

"My basic feeling at this stage is that the prosecution was totally out of its league in being able to evaluate what was going to be required to get a conviction here," Brown said Thursday, "and because of that misstep, they have caused tremendous financial and emotional cost to everybody involved - not the least of which is the community of Eagle County.

"The prosecution didn't just stub its toe on Wednesday when it dismissed the case, but basically failed to cross every hurdle that was required of them from day one," said Brown, an attorney who resides in Evergreen.

Hurlbert, according to Krista Flannigan, spokesperson for the DA's office, was traveling on Thursday and unavailable for comment.

The 35-year-old Colorado native was appointed to the district attorney's post in December 2002 when his predecessor left to take a job in the Colorado attorney general's office.

So the Nov. 2 election will mark the first time Hurlbert must win over the voters to keep his job.

His judicial district includes Eagle, Summit, Clear Creek and Lake counties.

Boulder District Attorney Mary Keenan, who said she consulted with Hurlbert "three or four times" over the 14 months since Bryant's arrest, doesn't see that his prosecution of the Los Angeles Lakers star is a strike against him on the campaign trail.

"It was an extremely unusual case, one of those once-in-a-career cases that comes along," said Keenan. "I don't think he has anything to apologize for. Not at all."

In fact, Keenan said, the Bryant experience could actually benefit Hurlbert and his candidacy more than it hurts him.

"He has probably learned more in the past year than a lot of district attorneys learn in a career," Keenan said.

Adams County District Attorney Bob Grant sounded a similar theme.

"It has the potential for being a problem, but he has been pretty upfront about everything," said Grant. "I think he can present this experience in a pretty positive light.

"It sure appears, from his position, that they did everything they could. But for the reluctance or out-and-out refusal of the victim (to testify), they would have gone to trial in this case. I don't see it as an albatross."

At least one Eagle County voter still in Hurlbert's camp is attorney John Clune, who represents Bryant's alleged victim and her family.

In his comments during Wednesday's hearing, when the Bryant case was forever shelved, Clune told Chief District Judge Terry Ruckriegle that he admired Hurlbert's commitment to the case and Hurlbert's support of his client.

"The easiest thing for him to do and the most politically correct thing for him to do in an election year is to bring this case to trial," said Clune.

Hurlbert raised eyebrows on June 30 with the announcement that, after being in court for virtually every minute of every pretrial hearing, he was reducing his role. While maintaining "general oversight" of the case, his other responsibilities in the four-county Fifth Judicial District required that he leave the bulk of the prosecution effort in the hands of the deputies working under him.

Brown, his Democratic opponent, didn't buy that explanation then, and he doesn't buy it now.

"I think it was strictly an attempt to distance himself," said Brown.

"To me, that's the way it resounded. This case was not going anywhere, and he didn't want to be the personification of the Kobe Bryant assault case."

Hurlbert, said Brown, was not convincing Wednesday in making the claim that, but for the unwillingness of the alleged victim to go forward, he very much wanted to take the case to trial.

Hurlbert consulted Denver District Attorney Bill Ritter frequently on the case.

Ritter said the success - or failure - of Hurlbert's re-election bid "depends on whether or not people are going to measure his service by one case, or look at his entire record."

Copyright 2004, Rocky Mountain News. All Rights Reserved.