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Cabral complaint
Source: Colorado Supreme Court Office of the Presiding Disciplinary Judge

Zimmerman

Comp Ans AIC

 
Source: KDVR

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By Matt Masich, LAW WEEK COLORADO
DENVER — Who shoved whom — or whether there was a shove at all — is now moot.
In an interview with Law Week Colorado, John Gleason, head of the state Office of Attorney Regulation Counsel, or OARC, on Tuesday said his office will not ask that criminal assault charges be filed against Centennial attorney Mark Brennan.
Gleason’s office previously told Law Week that it was considering filing a complaint with the Denver District Attorney’s office over a physical altercation between Brennan and OARC prosecutor Kim Ikeler. The incident, caught on video, occurred July 16, the final day of Brennan’s three-day disciplinary hearing.
Exactly what happened in the video has been debated, but this much is clear: Ikeler walked up to Brennan from behind while Brennan was speaking at the podium; Ikeler’s chest made contact with the back of Brennan’s outstretched arm; that contact ended a moment later when Ikeler took a quick step backward; Brennan then turned around and glared at Ikeler for several seconds.
The video also showed that Ikeler remained standing and did not return to his seat as instructed to by Presiding Disciplinary Judge William Lucero.
“This is not trial by combat,” Lucero said to Brennan and Ikeler.
After the incident, an OARC employee in the audience summoned court security personnel to monitor the remaining half-hour of the trial. The next day, OARC asked to review Law Week’s unedited video, but the newspaper’s managing editor denied the request. The relevant portions of the edited tape were ultimately posted online for all to see.
Gleason said the ultimate decision whether to pursue an assault complaint rested with Ikeler, who chose not to.
Brennan, who has described the case against him as a “show trial,” told his side of the story in an e-mail: “I did not shove Ikeler, but put out my hand as I faced the bench and he approached from behind, against which he pushed unsuccessfully. He assaulted me, in violation of repeated court orders that he stay away from me.”
Brennan was representing himself against allegations that his behavior in a 2006 civil trial in Colorado’s federal court violated the Colorado Rules of Professional Conduct. Gleason’s office asked a three-judge disciplinary panel that Brennan be suspended as a result. The panel will release its decision in the next few months.

WATCH THE VIDEO HERE:

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