District Court Judge Eric Bentley found that false evidence unwittingly submitted by the El Paso County District Attorney was central to a grand jury’s decision to indict Lee on a felony charge.
The grand jury declined to indict him over the November 2019 vote, but did indict him over the March 2020 vote.
In explaining the reason for his decision to dismiss the indictment, Bentley noted the only significant item on a timeline between the two elections was a change of address form Lee filed with the Office of Attorney Regulation Counsel — but the office gave the wrong year to the district attorney’s office.
Lee had moved to the central District 12 home in the spring. He filed that change of address months after the March election. That incorrect information, Bentley reasoned, “gave the grand jury great reason to differentiate” between allegations it declined to indict on and allegations it did indict over. He reiterated that this was not the fault of the district attorney and that no one alleged the office committed intentional wrongdoing.
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