The attorney for Sen. Pete Lee filed a motion Tuesday to dismiss the indictment in which Lee was charged with providing false information about his voting residence, saying prosecutors unknowingly provided the grand jury with false information.
DENVER — The defense attorney for Sen. Pete Lee filed a motion Tuesday to dismiss the indictment in which Lee was charged with providing false information about his voting residence, saying prosecutors unknowingly provided the grand jury that indicted him with false information.
Kaplan claims in the filing that a woman at the Office of Attorney Regulation Counsel told prosecutors that Lee had changed his home residence with the Colorado Supreme Court Attorney Registration System from the North Sheridan Avenue address to the West Cheyenne Road address in December 2019. “These misstatements and erroneous facts presented to the Grand Jury are not peripheral to the charges sought and the indictment rendered, they are a material misrepresentation of the facts used to obtain an indictment,” Kaplan wrote in his motion. “…It irreversibly taints [the grand jury’s] deliberations and creates a fatal flaw in the indictment.”
Kaplan also wrote that he also received additional discovery on Sept. 19 that included a statement from a clerk in the attorney registration office in which she admitted the error.
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