"For over a year I have been staring at a ceiling," he said in his opening statement, "trying to understand how a government agency can transform a symbol of forgiveness, redemption and hope into a crime."
He summoned his ex-wife to the stand. It was an uncomfortable encounter, but she admitted that she hadn't considered the gift of an Easter lily to be a threat. Pauls told the jury he had violated the restraining order and should be found guilty of that offense. But he was not a stalker, he insisted.
Dennis Pauls was facing up to 32 years in prison for allegedly stalking his ex-wife.
More than three-fourths of the habitual-criminal cases filed by Arapahoe County District Attorney Carol Chambers involve non-violent crimes.
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The jury agreed. As he'd asked, they found him guilty of a misdemeanor, violation of a protective order, but not guilty of stalking. With no additional felony on his record, the habitual-criminal count would not apply. Since he'd already served his misdemeanor sentence awaiting trial, he was a free man.
Shortly after his release, Pauls began working on a newsletter and website, telling his story and campaigning for a change to the habitual-criminal policy of the 18th Judicial District. "It's bankrupting the system," he says. "To put me in prison for ten years would have cost the people of Colorado $330,000. I'm going to do what I can to get Carol Chambers and her people out of office. I'm a die-hard Republican, but I'd go to work for a Democrat if it would help change things." (Chambers is term-limited out of office at the end of next year. Leslie Hansen, her chief deputy, recently announced that she would run as a Republican candidate to succeed Chambers.)
Pauls isn't the only one asking questions about the budget-busting consequences of harsh sentencing practices. The Colorado Commission on Criminal and Juvenile Justice, launched by former governor Bill Ritter, has tried for the past three years to get the legislature to overhaul the tough escape convictions that now account for a third of all parolees headed back to prison, for crimes as minor as missing a curfew. The CCCJJ recently formed a working group, with input from prosecutors and public defenders, that's looking at the habitual-criminal sentencing scheme as well, including whether non-violent felonies should trigger the same sorts of consequences as violent ones. Last week the group was presented with data indicating that even modest tweaks to the current habitual statute could shave 184 years off the sentences of three-time losers entering the prison system last year, saving the corrections budget $6 million.
But sentencing reforms are only as rational as the people in charge of the system. A recent New York Times report describes how mandatory sentencing schemes across the nation have shifted power and discretion from judges to prosecutors, wringing coercive plea bargains and short-circuiting the trial process. In federal courts in the 1970s, the ratio of guilty pleas to trials was about four to one; it's now almost 32 to one.
Pauls is still doing the numbers on the high price of his Easter adventure. He recently received a notice from the court saying that he owes the Arapahoe County District Attorney's Office $1,723.42 for the cost of his extradition from Florida, even though he was acquitted on the felony charge that was the basis of his arrest. Pauls isn't quite sure what he's going to do about it, but he expects he'll fight it.
"That was a pretty freaking expensive Easter plant," he says.