ACLU Files Lawsuit Against Gov. Jared Polis Over Inmates Considered Vulnerable To Coronavirus

DENVER (CBS4) – The American Civil Liberties Union of Colorado has filed a class action lawsuit against Gov. Jared Polis, accusing him of failing to further protect inmates considered medically vulnerable from coronavirus. ACLU Public Policy Director Denise Maes said Polis should extend his executive order, issued at the beginning of the virus, which streamlined the Department of Corrections' ability to release inmates from their custody.

In an interview with CBS4's Dillon Thomas, Maes accused Polis of jeopardizing the lives of hundreds of inmates whom she says are unable to maintain living situations which promote CDC guidelines and social distancing.

"A prison facility is a petri dish. It is a virus' fantasy," Maes said. "The governor's unwillingness to extend the executive order is indication that he cares very little for the people in those facilities."

Maes said many inmates in Colorado prisons have jeopardized immune systems, are more susceptible to contracting the virus due to age and/or are no longer a threat to the public. She said, by releasing some inmates who are not a threat to the public, the prison facilities will be safer places for all.

"What we're trying to focus on are individuals who are elderly, no public safety risk, and present a serious vulnerability to the virus," Maes said. "It is hard to get out of prison once you're in it."

"Some would say, 'Well, that is the reason why they are in prison. To not let them out.' What would be your response to that?" Thomas asked.

"Certain individuals may not care about persons that are incarcerated in our prisons. I understand that… But, there is also a risk to the guards," Maes said.

CBS4 has unveiled documents which showed some inmates who were released early due to COVID-19 went on to commit violent crimes. Cornelius Haney was arrested weeks after being released early under Polis' order. He is now accused of murdering a woman in a Denver neighborhood alley.

Christopher Vecchiarelli, who's lawyers referenced Polis' orders to the DOC as reason for his early release from Weld County Jail, is accused of strangling a woman shortly after he was let go due to COVID concerns.

Weld County District Attorney Michael Rourke issued a statement to CBS4 on the nature of early releases due to COVID-19, "From the beginning of this pandemic, we've said that public safety and victim safety will remain at the top of our priority list. It's extremely frustrating to see that convicted criminals are being released back into our community, just to immediately re-offend, putting our community at risk. There ought to be COVID related policies that put public safety first. Not only is this reversing the hard work of law enforcement and prosecutors, but it's a complete slap in the face and extremely disheartening to victims and their families who have already suffered a great deal emotionally and mentally."

Maes expressed condolences and sympathy to the families, and victims, impacted by the alleged actions of both Vecchiarelli and Haney. However, she noted most of the inmates who have been released early due to COVID concerns have not had any issues with public safety.

"There are about 200 individuals who have been released. We have two (negative) stories. That means we have 198 good ones," Maes said.

Maes noted that those who qualify for release are not serving life sentences for their crimes, and are often scheduled for release in the foreseeable future.

"There are very few people in our Colorado prisons that are there for life. They will get out some day," Maes said.

CBS4 reached out to Polis for comment on the lawsuit by the ACLU of Colorado. However, the request for comment was not returned at the time this article was published. In past cases, his office has declined to comment on pending litigation.