by Zach Thaxton
z.thaxton@krdo.com
Follow me on Twitter at www.twitter.com/ZachThaxton

COLORADO SPRINGS - Douglas Bruce is a stickler for the details.  Always prepared with boxes of documentation on whatever issue he's concerned with, the renowned anti-tax activist, TABOR author, and former prosecutor accidentally knocked over a box of papers he brought Tuesday for a pre-trial hearing on trespass charges against him, for which he's acting as his own defense.  That setback was the first, but not the last Bruce faced as he argued he and an associate were the targets of selective prosecution for an August incident in which he was cited for trespassing while collecting petition signatures for Issue 300 at the Costco at Power and Barnes in Stetson Hills.  The Bruce-authored ballot measure won approval from voters, forcing the city to phase out fees it receives from city-run enterprises and ultimately costing the city tens of millions of dollars over the next decade.

The key piece of evidence in the selective prosecution accusation is an e-mail from City Attorney Patricia Kelly to members of City Council asking "Council, if you wish this issue to be dropped altogether at this time, please notify me as soon as possible."  The e-mail was sent to Council after the original case against Bruce had been dismissed and a new case filed due to errors made on the original citation.  Subpoenaed by Bruce to appear in court and explain the e-mail, Kelly said the e-mail was sent, in essence, out of force of habit when it comes to issues that might generate media attention.  When queried by Bruce whether Kelly had ever sent a similar e-mail asking Council its thoughts on whether to prosecute someone on criminal charges, Kelly replied "probably not."  Kelly was not the only city official to be subpoenaed by Bruce for Tuesday's hearing.  Mayor Lionel Rivera, Vice Mayor Larry Small, Councilpersons Daryl Glenn, Tom Gallagher, Scott Hente, Bernie Herpin, Jan Martin, and Randy Purvis, and Chief of Police Richard Myers were called to court.  All arrived at around 3:15 p.m., with the exception of Councilman Purvis who was out of town.  Ultimately, only Chief Myers and councilmembers Glenn, Gallagher, and Hente were called to the stand.  Mayor Rivera and Councilman Herpin had entered the courtroom and were prepared to be called to testify, but Bruce, satisfied with the testimony given by Glenn, Myers, Gallagher, and Hente, stated he did not need to question further members of council.

Also called into question in the marathon afternoon hearing that extended well into evening with only two brief recesses were Costco's policy on allowing petitioners on its property and the fact that a third co-petitioner was not cited for trespassing, but was asked to delete photos she had taken during the August incident.

After more than 6 hours of questioning more than a half dozen witnesses by both Bruce and deputy city attorney Michelle Keller, Municipal Judge Spencer Gresham ruled that there was not enough evidence that Bruce and a co-petitioner were victims of selective prosecution and ordered the trial to begin Friday morning.