DA’s office unknowingly gave false information to grand jury that indicted Sen. Pete Lee

An investigator with the district attorney’s office in El Paso County unknowingly gave false information to a grand jury when prosecutors sought an indictment against state Sen. Pete Lee for allegedly casting a vote in a district where he did not live, according to court records.

The grand jury in August indicted Lee, a Democrat, on the charge of giving false information about where he lives when voting, which is a felony.

But attorney David Kaplan, who is representing Lee, wrote in a motion to dismiss Tuesday that the Fourth Judicial District Attorney’s Office unknowingly presented key false information to the grand jury that directly led to the grand jury’s indictment.

“To allow the grand jury’s indictment to stand, in light of the material erroneous information provided for their consideration, is to make a mockery of the use of the grand jury,” Kaplan wrote in the seven-page motion.

A spokesman for the district attorney’s office, Howard Black, confirmed the error but could not say whether the charge against Lee should be dismissed.

“It’s in review,” he said, adding that the district attorney’s office was notified of the mistake on Thursday.

District Court Judge Eric Bentley did not rule on the motion to dismiss during Lee’s appearance in court Tuesday and a motions hearing was set for Oct. 18.

According to the motion, prosecutors sought to indict Lee for wrongly submitting his votes in both the November 2019 and March 2020 elections. He voted in both elections from a Colorado Springs home on North Sheridan Avenue, in Senate District 11, which is the district he represents.

But prosecutors alleged he actually lived in a home on West Cheyenne Road, in Senate District 12.

The grand jury declined to indict Lee for his vote in the November 2019 election, but did indict him for his vote in the March 2020 election, Kaplan wrote. The “only fact” that changed between those two elections is that the district attorney’s office claimed Lee, who is an inactive licensed attorney, changed his official home address listed with the Office of Attorney Regulation Counsel from the North Sheridan home to the home on West Cheyenne Road on Dec. 15, 2019, Kaplan wrote.

Lee did not do so, Kaplan said. The Office of Attorney Regulation Counsel, which oversees attorneys’ licensing, training and discipline, gave wrong information in a sworn affidavit to the district attorney’s office about Lee’s home address, Howard said.

“The information contained in that affidavit submitted by the Colorado Supreme Court attorney registration office was communicated to the grand jury who eventually returned the indictment,” Black said.

Lee said Tuesday that there is no indication the district attorney’s office knew the information was false when the investigator presented it to the grand jury.

“There is no implication that the district attorney did anything wrong,” he said.

Lee said he could not discuss the case in detail while the allegations are pending.

“I look forward to having the court evaluate the merits of our motion to determine whether the material misstatement of fact was a significant factor in the grand jury’s decision,” he said.

Kaplan declined to comment.

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