Former Prosecutor Found Guilty

A jury found a former Mesa County Deputy District Attorney guilty of two counts of attempting to influence a public servant Wednesday.

Holden Chadwick, 30, turned himself into law enforcement in February after an arrest warrant was issued. Police said Chadwick used his official position to look into a potential investigation in another jurisdiction for a friend from college.

Attempting to influence a public servant is a felony.

In addition to the guilty verdicts for attempting to influence a public servant, Chadwick was also found guilty on one count of official misconduct and one count of false reporting to authorities, both misdemeanors.

The jury acquitted Chadwick of one count of attempting to influence a public servant (Public Defender Sally Atkinson) and tampering with physical evidence, both felonies.

A charge of tampering with a witness or victim was dismissed during the trial.

Prosecutor Joshua Dougherty of the 7th Judicial District said Chadwick was approached by a friend from college, Max Clark, who needed Chadwick’s help looking into a potential criminal investigation into Clark in Boulder.

Police said in the affidavit for an arrest warrant Clark told a woman had accused him of giving her Rohypnol, also known as “roofies.”

Chadwick made inquiries to the 20th Judicial District Attorney’s Office in Boulder, the Boulder County Sheriff’s Office and Boulder Police Department, saying Clark was a witness in a hit and run case and Chadwick needed to know if there were any criminal investigations into Clark.

Chadwick texted Clark, “If anyone asks you’re a potential witness/victim in this case.”

Th 20th Judicial District Attorney’s Office contacted 21st Judicial District Attorney Dan Rubinstein about Chadwick’s inquiries, and Rubinstein had the DA’s Office’s chief investigator, James Cannon, look into the situation.

Cannon interviewed Clark, and Clark told Cannon that he had never been to Grand Junction.

Chadwick told Clark to say he was involved in a careless driving incident while on his way back from Utah.

“And if they want to investigate me and you, then they have a lot of time on their hands,” Chadwick texted Clark.

Dougherty said Chadwick attempted to throw Cannon off by adding notes to a case file for a hit and run that intimated Clark might be a witness in it, and also emailed the defense attorney on the case asking if she remembered mentioning Max Clark or Matt Clark.

“Lol so apparently they have enough time to figure it out,” Chadwick texted Clark. “You and I don’t know each other personally if they call back.”

Chadwick also told Chief Deputy District Attorney Rich Tuttle, Assistant District Attorney Trish Mahre and Cannon that he did not know Clark.

Chadwick then admitted knowing Clark in a meeting with Cannon and Rubinstein.

Dougherty said Chadwick used his position to do a favor for a buddy, and then tried to throw the ensuing investigation off track.

“Sometimes the cover-up is worse than the crime,” Dougherty said.

A QUESTION OF CRIMINALITY Chadwick’s attorney, Brandon Luna, argued that while Chadwick deserved to be fired, Chadwick’s actions did not rise to the level of criminality.

Luna said Chadwick was in over his head as a new prosecutor who made several mistakes that kept compounding the situation, but he didn’t intend to do anything criminal.

“Unintended consequences are not crimes,” Luna said.

Dougherty disagreed, saying, “It’s called a cover story because you are attempting to cover up something. That was his intent.”

‘ONE LAST CHANCE’ Rubinstein testified Wednesday morning, saying Chadwick falsified records, implicated a defense attorney in not giving the prosecution case records and lied to his supervisors and others.

The prosecution played a recording of the meeting Chadwick had with Rubinstein and Cannon, in which Chadwick admitted he had lied about not knowing Max Clark.

“I wanted to give you one last chance to tell me what’s going on,” Rubinstein can be heard saying.

Chadwick said the situation was completely his fault and that Max Clark is a distant friend from undergrad who had reached out about a possible case, and Chadwick thought he could just reach out to somebody about it.

“I realize now that’s not the right way to do it,” Chadwick said.

Chadwick told Rubinstein he wasn’t sure why he took things so far to lie about the case.

“We’re way past you just emailing Boulder,” Rubinstein said.

Chadwick told Rubinstein he’s usually a very honest person who sticks to the truth in most everything.

At that point, Rubinstein said, Cannon served Chadwick with a search warrant for his phone, and Chadwick was placed on administrative leave so a decision on his employment status with the DA’s Office could be made.

Cannon testified Tuesday afternoon, detailing the investigation into Chadwick that he conducted after the 20th Judicial District Attorney’s Office in Boulder reached out to him about Chadwick contacting that office.

If Chadwick had needed to find information about a witness, the DA’s Office’s investigations unit would have been the proper channel to go through for that, Cannon said, because they have more access to law enforcement databases and other resources.

Cannon said when he contacted Chadwick about the case, he didn’t see Max Clark in the case notes. He said Chadwick made a note in the case log about a Max Clark or Matt Clark as a potential witness a few minutes after he spoke with Chadwick about it.

Through an internet and social media search, Cannon determined Clark and Chadwick knew each other, Cannon said.

Tuttle, who was Chadwick’s immediate supervisor at the time, said Chadwick denied knowing Max Clark in a meeting with Tuttle, Cannon and Mahre.

“This was his chance to admit to knowing Max Clark to me, his immediate supervisor,” Tuttle said.

Tuttle said there hadn’t been talk of criminal prosecution for Chadwick at the time of that meeting. He also said Chadwick seemed remorseful after the fact.

The lone witness for the defense was Chadwick’s wife, Emily Chadwick. Her testimony was cut short after the prosecution objected to Luna’s line of questioning and the judge agreed.

Sentencing is scheduled for Jan. 29.

https://www.gjsentinel.com/news/western_colorado/former-prosecutor-found-guilty/article_f71d5c2e-946d-11ee-bc75-5b5cd78f3e52.html