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Attorney: Video of Jacobson is a public record

Carolyn Sackariason

  A prominent Colorado First Amendment attorney says it was legal to release a controversial video of a Snowmass official. Aspen Public Radio’s Carolyn Sackariason reports.

 

A First Amendment attorney says the release of a video that shows town councilman Chris Jacobson destroying items in the Pitkin County Jail after his drunk driving arrest is legal, and the public has a right to see it.

That runs counter to the position of Jacobson’s attorney, Arnie Mordkin. He claimed last month that it was an ethical, if not a legal, violation when the sheriff’s office gave footage to the media. He says it is not a public record.

But Steve Zansberg, a Denver-based attorney and the president of the Colorado Freedom of Information Coaltiion, says that it is.

“There’s nothing improper with a custodian of records making a decision as here that a particular criminal justice record should be disclosed in favor of the public interest,” he says.

Mordkin also says the dissemination of the video on the Internet will taint a jury pool and therefore hurt his client.

Again, Zansberg.

“Routinely is the case that we can find jurors who have been untainted by prior publicity, even if they have been exposed to prior publicity, we don’t seek jurors who are completely ignorant, particularly in small communities like Aspen, we could never seat a jury. We expect jurors to abide by their oath to decide cases based only upon the evidence that is presented in court,” he says.

The video, which shows Jacobson peeing on the cell door, ripping items off the wall and unbolting a restraint chair from the floor, has made enough of an impact for a group of Snowmass Village residents to start a recall effort. They say they have enough signatures on a petition that would put the question to voters whether Jacobson should be ousted from office.

Snowmass Village resident John Hornblower says while he doesn’t have a personal opinion about whether Jacobson should stay in office, his conduct necessitates the electorate weighing in.

“What we know from the video transcript about how Chris conducted himself is very serious misconduct so I believe the citizens of Snowmass Village deserve the opportunity to give him an up or down vote,” he says.

Jacobson is scheduled to appear in court Monday and recall supporters are expected to turn in their petition. Carolyn Sackariason, Aspen Public Radio news.