The “Staining The Cabin” Story Didn’t Fly: DA Disbarred

A disbarment reported on the web page of the Colorado Supreme Court

In May 2014, a woman filed a report with the Mt. Crested Butte police department, asserting she had been sexually assaulted while staying overnight at a couple’s home. In her report, the woman also said that the husband had shown her at least thirty-five marijuana plants in the home’s garage. On May 9, the police department contacted Trezise, who was the Deputy County Attorney for Gunnison County, for legal advice about seizing the plants. Trezise had previously represented the husband on criminal charges, and he so advised the police. Later on May 9, Trezise called an acquaintance of the husband to suggest that he tip the husband off about the police search. By doing so, Trezise violated Colo. RPC 1.6(a) (a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent).

After Trezise’s phone call, the husband and the acquaintance threw the marijuana plants into a river. When the police executed a search warrant on May 14, no plants remained in the garage. The acquaintance then told police about his conversation with Trezise, and the police began investigating him. The acquaintance wore a wire during a subsequent meeting with Trezise. During the meeting, Trezise said that if they were questioned about the May 9 conversation, both men should say that they discussed a project to stain Trezise’s cabin. Trezise also said that if the acquaintance spoke to a lawyer, he should not tell the lawyer what really happened.

Trezise’s interference with the police investigation negatively affected the sexual assault case that was filed against the husband. The case was eventually dismissed. By prejudicing the criminal investigation and prosecution, Trezise violated Colo. RPC 8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice).

(Mike Frisch)