109 8th Street, Suite 308
Glenwood Springs, Colorado 81601
Reporting Authority
This complaint has been forwarded to the Colorado Bar Association
Statement
I was arrested for "making profane public utterances." Mr. Nottingham prosecuted me for that charge despite well-established first amendment protections. When the judge informed him that I had been arrested unlawfully in retaliation for protected first amendment activities, he modified the charge to disorderly conduct. The judge threw that out as well, so he tried harassment. The judge threw that out as well, so he re-filed the case as obstruction, knowing perfectly well that the elements of that crime had not been alleged to have occurred. He conspired with local government officials to allege facts that his office later admitted were untrue. He destroyed or allowed to be destroyed video footage of the encounter for which he was prosecuting me. I demanded that evidence from his office before it was destroyed, and Mr. Nottingham called law enforcement and asked them to arrest me for disorderly conduct. They refused and informed him that I was engaging in protected speech and not disorderly conduct. He later claimed that the video was destroyed because it wasn't evidence and I never asked for it. He spent two years vindictively trying to jail me in retaliation for protected speech. Most of that time was after the judge had ruled that he was doing exactly that. He withheld evidence, he abused his office, and he intimidated me as a defendant with threats of force and an attempted unlawful use of force to not only withhold evidence but to threaten me for the mere act of asking for discovery. After the Judge corrected him and ruled that arresting me for criticizing local government was an unlawful use of authority, Mr. Nottingham not only continued with prosecuting me in order to justify the wrongful actions of his officers after the judge ruled that those actions were wrongful, he attempted to personally undertake those same wrongful actions again. He knew my rights were protected, he resented me for exercising them, and he abused his authority to prosecute me for speech he knew was protected under law. He withheld discovery. He conspired with others to deprive me of rights. He released slanderous information to local media. He deliberately, vindictively, and punitively extended proceedings beyond any semblance of reasonable deliberation. He used the process as a weapon against a defendant he knew was innocent because he knew I had not engaged in any conduct for which I could be convicted.