One streaker gets plea bargain. Boulder cops defend their bullying

After I attended the Dec. 17 arraignment hearing for the 12 streakers cited by Boulder cops during the 10th annual Naked Pumpkin Run, I had a pretty busy week and didn’t have time to follow up further. Fortunately, The Colorado Daily did follow up on this case, reporting that one of the runners did accept the plea bargain offered by the Boulder District Attorney.

According to the Colorado Daily:

“[The runner] agreed Thursday to plead guilty to disorderly conduct, a petty offense. She agreed to undergo six months of unsupervised probation, eight hours of community service and pay $27 in court fees. She will not be required to register as a sex offender, and her record will be cleared if she doesn’t commit any crimes for at least six months.”

Also, Colorado Daily reported that according to prosecutor David Chavel:

“The agreement with [this defendant] would likely represent the same offer extended to all of the accused Halloween streakers. However, he said it would be ‘up to each individual’ to accept such an offer.”

“All of the cases are being handled separately, Chavel said, because some of the runners have attorneys and others do not. He said the remaining cases involving the naked runners are in negotiations with the Boulder District Attorney’s Office.”

What got me, though, was this statement from the Boulder Police Department quoted at the end of the Colorado Daily story. (Note: This statement does not appear to be on the Boulder Police Dept. web site, I’ll request a copy.)

“The decision was made by the District Attorney’s Office, which consulted with the department. Chief Mark Beckner believes this is an appropriate disposition. As for future violations, Boulder officers will continue to issue citations or make arrests based on the law as it is written. It is — and will remain — the province of the District Attorney’s Office to determine whether other charges are possible.”

…Correct me if I’m wrong, but this statement appears to mean that the Boulder cops intend to continue issuing indecent exposure citations to streakers — despite the fact that the DA’s office does not appear to consider that charge appropriate. Which means the cops can (and probably will) continue to bully and intimidate citizens through inappropriate charges — and leave it up to the DA and the courts to spend our resources to bring those charges back to reality.

There’s a much deeper issue at stake here beyond these cases, and it’s why I keep revisiting this story: Is this the kind of law enforcement we want to allow in Boulder?

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Boulder Police DID Have Options: Disorderly Conduct Citation

Yesterday, Boulder Daily Camera reporter Amy Bounds interviewed me about my experience at the 10th annual Halloween Naked Pumpkin Run, where 12 streakers were cited by police for indecent exposure. She used that information to expand her Camera story naming those cited — a list that included several local scientists and students. (I wrote about this yesterday.)

Bounds also added to her story a brief quote from Boulder police chief Mark Beckner:

“Boulder Police Chief Mark Beckner said indecent exposure was the charge that best fit the violation. ‘We don’t set the law,’ he said. ‘As police officers, we enforce it. We don’t get into the sentencing part of it.”

It doesn’t look like the Camera saw fit to push back against Beckner’s facile claim, which is unfortunate. Because the Boulder police did have another option here. They could have chosen to cite the streakers instead under Colorado statute 18-9-106. Disorderly conduct.
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12 Naked Pumpkin Runners Named, Camera Catches Up

UPDATE NOV. 5: The Boulder police had other options. They could have cited streakers for disorderly conduct instead of indecent exposure. Also, the Daily Camera interviewed me on this controversy…

Yesterday, after much prodding from local bloggers (including me) and commenters on its site, the Boulder Daily Camera finally reported that the streakers who got busted by Boulder police at the 10th annual Halloween Naked Pumpkin Run will, if convicted, have to register as sex offenders. Today, the paper also published the names and ages of the 12 streakers who were cited for indecent exposure. All of these people are over 18, and thus under current CO law must register as sex offenders if convicted.

No acknowledgement of the community/independent media role in pressing this issue was offered by the Camera.

I just called the Boulder Municipal Court (303-441-1842), which informed me that Boulder County Courts (303-441-3750) are handling these cases. The county court rep I spoke was surprised, since normally misdemeanor citations handed out within Boulder City Limits get processed through the municipal court system. However, he did say that if indeed the county will be handling those cases, they should have more information on Friday. So I’ll call back then and will post an update. I’ll also check back with the municipal court, just in case they gave me incorrect information.

I’m contacting the local courts because I want to learn the dates and locations of arraignment hearings for the busted streakers. As far as I know, the public (including media) can observe these hearings. It’d be here that we’d learn whether these cases are being plea bargained down, whether there are motions for dismissal, and in general the attitudes of the judges, cops, attorneys, and defendants.

Stay tuned…

Boulder Naked Pumpkin Run: Halloween 2008

IMPORTANT UPDATE NOV. 2: I researched applicable Colorado law. It does indeed appear that any Naked Pumpkin Runner whose indecent exposure citation gets upheld in court will have to register as a sex offender! Read the details

I just got back from hanging out in downtown Boulder, enjoying the Halloween freakery. The peak of the evening was the 10th annual running of the Naked Pumpkin Run, where a bunch of people put jack-o-lanterns on their heads and streak down the Pearl St. Mall.

Yeah, the cops aren’t happy about this. This year, they ticketed lots of runners, and it look like some may have been arrested. Which seems odd considering the context of today’s local news:

Boulder Daily Camera Halloween News

Boulder Daily Camera Halloween News

Given that, I would’ve thought Boulder’s cops would have had more important law enforcement activities on hand tonight than busting harmless streakers…

Anyway, with that strange introduction, I give you some video of tonight’s Naked Pumpkin Run!…

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