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Owens Appoints Salazar As Special Prosecutor For CU Recruiting Scandal

POSTED: 9:58 am MST February 27, 2004
UPDATED: 4:59 pm MST February 27, 2004

Gov. Bill Owens appointed Attorney General Ken Salazar as special prosecutor to look into the allegations surrounding the University of Colorado's football program, saying that he wanted a probe with "no spin, no whitewash and no excuses."

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"The reputations of this program and the university must be restored and this matter resolved quickly," Owens said. "It has become increasingly clear that one statewide prosecutor is needed to fully investigate every aspect of these allegations. The charges cross county lines, involving different judicial districts and law enforcement agencies. The reputation and public confidence in a statewide institution -- the University of Colorado -- are at stake."

The governor said the university, Boulder District Attorney Mary Keenan and Broomfield and Boulder police departments all support Salazar's involvement.

"There can be no perception at this university or at any other in Colorado that sexual abuse or assault will be tolerated or that criminals will be coddled," the governor said.

The governor has the authority to appoint a special prosecutor to investigate matters of statewide concern if there is a conflict of interest, either real or perceived, said Pete Weir, the executive director of the Colorado District Attorneys Council. The prosecutor will have subpoena power and will conduct work in secret, which is designed to protect the innocent until and if an indictment is handed down, Weir said.

Ken Salazar

Salazar will assemble a task force of investigators and prosecutors from throughout the state.

"I accept and fully support the Governor's decision. My objective is to work with other law enforcement agencies to create a coherent and just resolution to the criminal allegations that have been raised," Salazar said.

"When you're talking about a special prosecutor you have to assume they are contemplating rape prosecutions. Remember that there is a 10-year statute of limitations for criminal prosecutions of rape in Colorado. That means situations that occurred in 1999 are still within the applicable statute of limitations," said 7NEWS Legal Analyst Craig Silverman.

In a statement, Keenan said she made the request to get the attorney general involved on Tuesday to ease concerns that her involvement in the civil lawsuits might preclude the possibility of criminal charges.

"I think that the appointment of the special prosecutor in particular reflects (Gov. Owens) and the attorney general's concern that there are multiple jurisdictions and there is a need to either prosecute or clear," Huffman said at an afternoon news conference.

She told reporters that Owens didn't let her know if advance that he was holding a news conference.

"I found out about it when a reporter called me," she said.

Adding Members To Independent Panel

CU Regents formed a seven-member independent panel to investigate allegations that the school's football program used sex and alcohol to attract promising high school athletes. However, several members of that committee have been criticized as being biased because it is made up of former football players, friends of former coaches, and politicians who allegedly made statements blaming victims for their alleged assaults.

The panel also does not have subpoena power, which forces people to testify who don't want to appear.

The governor said Thursday he supports adding two people to that panel -- two people appointed by him to "represent the people of Colorado."

One of those members should be a "current or former prosecutor with direct and proven expertise in prosecuting crimes against women" and one would be a victim's advocate or someone who has worked closely with victims of sexual assault.

"These two additions, we feel, are critical to the credibility of this investigation. It will make the probe more thorough. It will give the panel the breadth and depth of expertise that it needs," Owens said.

He is also calling on the Legislature to grant the regents' panel subpoena power so it could compel cooperation.

Evan Dreyer, spokesman for the panel, said the two chairwomen supported the governor's decision as did Regent Jim Martin, who said he does not know if other board members will agree to add two new members.

"I've said from the beginning that we could not self-investigate," Martin said.

The panel is set to issue a report to the school by April 30, but some have questioned whether the panel will be able to do its job in that time frame.

CU Generating National Attention

The school was plunged into scandal a month ago when details surfaced in federal lawsuits filed against the university by three women who say they were raped by football players or recruits at or just after a 2001 off-campus party. The women say the school fostered an environment so hostile it contributed to their assault.

University President Betsy Hoffman, who this week hired a special assistant at $21,000 a month to oversee the athletics program, met several times with the governor and attorney general over the past two weeks. She has declined to speculate on the role of any state investigation.

So far, seven women have come forward to say that they have been raped by Colorado football athletes since 1997. No charges have been filed in any of those cases.

Head coach Gary Barnett was placed on paid administrative leave last week for criticizing one of the women who came forward with her allegations, former CU place-kicker Katie Hnida. Hnida said she was raped by a teammate in 2000.

Barnett has said his comments were taken out of context and suggested the school did everything it could to make Hnida comfortable at Colorado.

His comments about her being a "terrible player" because she is a girl, took the recruiting scandal story to national prominence.

Colorado's flagship school has been hit with a barrage of allegations beyond sexual assault by its football players. A former employee admitted he used a university cell phone to call an escort service for his own use and a striptease operator in Denver said athletes from Colorado and other schools have hired his strippers for years.


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