Dirty deeds in Denver: Ex-prosecutor faked texts, destroyed devices to frame colleague

jhciv

Wise, Aged Ars Veteran
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It's funny, but law school doesn't seem to offer "ethics" even as an elective.
Huh? Colorado lawyers are required to take an ethics exam (the Multistate Professional Responsibility Examination (MPRE)) in addition to the bar exam to be licensed in Colorado. Most also take Ethics in law school to prepare for the MPRE. -Ethical Colorado Lawyer.
 
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Psyborgue

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What are you actually talking about?
People upvoting misinformation, however “funny”.
My recommendation is stop focusing on approval of the internet, all your days will be better.
Approval of things that are false but popular concerns me. It should concern you. If truth is only important when convenient, well, this is how we got two seasons of Trump.
 
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cosmotose

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I wonder what the motive was, especially for take 2 a year later after he’s been moved.
Yes, the ridiculousness of this whole story, at least on the surface, sounds like it would make for a comedic "based on a true story" TV Show Plot... Whether Choi was crazy/stupid or whether there may have been other factors in the workplace pushing her to act... I'm sure the actual details are juicy either way! 😂
 
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Psyborgue

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With respect to where others have taken this line of thinking, be mindful of judging an entire group of people by the actions of individuals.
You apply this to billionaires? #notallhealthcareceos

Edit: How about #notallcops or #notallcampguards?

some groups are toxic
 
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-14 (5 / -19)
My wife and I worked for the same company for 7 (ish) years - but then we were married when we started there.

That was about 36 years ago.. (still married!)
With how much people are expected to be at work now to be able to afford to live, the "don't date at work" advice is more and more impossible to follow. Where exactly will you meet like minded people if you spend most of your waking hours at work?
 
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Socks Mingus

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With respect to where others have taken this line of thinking, be mindful of judging an entire group of people by the actions of individuals.

I don't see why this should be the case with only negative regard. Métier is not a reliable indicator of virtue.

... but, sure, I could have phrased that more diplomatically - writing "overly respectful" would have probably put it closer to my feeling on the subject.
 
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What I was thinking when I said that was the more historically recent theme of not blaming the victim (not questioning them in practice), the saying 'believe all women' and the like. In the effort of trying to help some people have the courage to come forward and actually accuse their abusers, society over-corrected to the far end of the extreme in promoting the the idea of not demanding some sort of proof before people were to be believed.
The only difference in this topic is we've moved on from "believe all white women" (see lynchings) to "believe all women." Not really sure that's much better. There's still not much evidence.
 
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iquanyin

Ars Tribunus Militum
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"She had even, she added, gone to the local Apple Store in an attempt to retrieve the data on the devices."

So, just to put a cherry on top of everything, isn't pretty much every visit to the Apple Store for this sort of thing done by appointment? What did the Apple Store records show in support of her claim?
you can walk in too, if you don’t mind waiting till whenever. i’ve done it more than once.
 
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Mischief96

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It's funny, but law school doesn't seem to offer "ethics" even as an elective.
They do, and the vast majority of attorneys take ethics seriously. You have to both take and pass an ethics course as a requirement to graduate law school. There's also a standardized exam for ethics (the MPRE) which is required to become admitted as an attorney. Attorneys are required to abide by the rules of professional conduct, and are actually required to snitch on each other if we find that another attorney has "committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer." (Rule 8.3)

In addition to ethics issues in the practice of law, Ms. Choi's actions also could be considered spoliation of evidence, which is a separate cause of action in itself. Ms. Choi could potentially face disbarment for her actions and could pay out the nose for damages.

(source: I am an admitted attorney in New York, and I both took and passed my required ethics course and the MPRE. colorado will probably have similar rules)
 
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Either she is just that dumb or she was hoping thinking it to not escalate the way it did. Nonetheless, too high a risk and the consequences would not be worth it. She is a law graduate.
1. How could she be so dumb to the very basic investigation and questions likely to arise from her accusations?
2. If she is that dumb, how the hell did she pass the bar? did she do some favors to get a pass? and then get an employment - passing the interviews/checks?
3. what does this say about bar exams and the type of lawyers coming out of it?

Either way, it is a bad example of scrutiny by bar exams process to produce such an imbecile.
 
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jandrese

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Id think that data can still be recovered from a computer injured by a bottle of water. IDK about the phone.
Seems it was a Mac, so if the mainboard is toast there isn't an easy way to recover the encryption key for the drives. If it were a PC there is a good chance you could just pull the drive and read the contents, but modern macs are built more like giant phones than traditional laptops.
 
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42Kodiak42

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Please point out where I said they should be. I pointed out that:
  • Men's rights advocates will use this instance of a false sexual harassment claim to say support their claim that most or even all sexual harassment claims by women are false. They latch onto every big instance of false accusations to do so.
We're probably better off addressing them when they actually show up. It's barely worth taking fringe opinions seriously for any reason other than to deconstruct and debunk them; pre-emptively lamenting an uncommon bad take is distracting at best.
Even in the best case of statistical gathering, we can only count the people who try and fail; we don't know how many bad actors would if they could.
  • That women legitimately sexually harassed already don't report it at a high rate. In some industries more than 90% experience sexual harassment, while overall over 85% of people sexually harassed never file a formal complaint and approximately 70% don't even complain internally. (Note the latter applies to both genders, but with the rate of women experiencing sexual harassment so high, it disproportionately impacts them. Source for both stats.)
  • I can't find any stats on how often false accusations are caught, so I may be wrong on that one.
Everyone sexually harassed should feel like they can speak up. Women already experience it at a very high rate and don't report it at a very high rate. Anything that makes them more likely to not speak up is bad, period. I would hope you agree with that.
Why would news of a malicious actor getting caught trying to fake accusations make people less likely to speak up? Unless it's being spun as "proof that everyone's faking it," I'd argue that these cases confirm our ability to discern truth from these messy situations. It gives victims concrete answers to questions like "What if my abuser says these pictures are photoshopped?"
They also show victims just how reliable some forms of evidence are, and where evidence of abuse might come from.

Claims, no matter who they're by, should be investigated properly and the accused shouldn't be punished if there's no proof. That this guy was transferred with zero proof was wrong and I hope he wins his lawsuit. I agree that this will hopefully help stop other women thinking of doing something similar from doing so. She threw away her career on this, after spending a lot of time and money getting a law degree. It can't have been worth it.

I do appreciate you not accusing me of saying the victim was the problem here like another commenter did, but you still suggested I said something I didn't.
I generally agree, you always need evidence to justify punitive actions.
Harassers will weaponize the systems meant to hold them accountable if they can. There are people who will cause large amounts of damage to others for trivial personal gains. They're rare, but we cannot leave them unchecked.
 
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thekaj

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Either she is just that dumb or she was hoping thinking it to not escalate the way it did. Nonetheless, too high a risk and the consequences would not be worth it. She is a law graduate.
1. How could she be so dumb to the very basic investigation and questions likely to arise from her accusations?
2. If she is that dumb, how the hell did she pass the bar? did she do some favors to get a pass? and then get an employment - passing the interviews/checks?
3. what does this say about bar exams and the type of lawyers coming out of it?

Either way, it is a bad example of scrutiny by bar exams process to produce such an imbecile.
Bar exams don’t test you on your knowledge of electronic devices. Having worked with lawyers most my life, I can attest to the fact that lawyers have the same range of technology knowledge as the general population. I’ve known a few that could rival the most experienced tech support worker, and several that had to be repeatedly walked through the most basic operations.

One of the only stereotypes that I might be willing to say lawyers might have greater representation as a whole than the general population is that with an advanced degree, the assumption that they have an innate expertise on any subject, even when they have no clue. Certainly not all lawyers, probably not even most. But I’ve known my fair share of “I have a JD. I’m an expert on all things.”

I‘m guessing that’s what we’ve got here. As a lawyer, she is certainly an expert on what kind of evidence can be most damning. But she likely fell into the trap of then assuming that expertise extended to how to manufacture said evidence and cover her tracks. Something she obviously had no actual clue on.

Again, not something the bar exam covers, nor should cover.
 
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The worst part of this is all of the people who legit are harassed and now won't be believed.
The worst part is the man who waa accused of something he didn't do and all the other men who have suffered the same fate but didn't have the ability to prove their innocence. Typical that a man suffered but someone thinks the worst victim is a hypothetical woman.
 
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enilc

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The problem with justice v. convictions is justice doesn't get you promoted or voted into office - only convictions count.
I think some people are getting confused about the issue. Just because the events occurred in the Prosecutor's Office, I don't think there was a criminal complaint/investigation in the case. The author of the article uses the word "investigator" quite a bit, but it's unclear who the "investigator" is. Could be it was Helen from HR.

His move due to the first allegation was definitely an internal HR matter. Her falsification of evidence in the second case? Still unclear from the article whether that became a criminal matter.

I don't think anything in the article rose to the level of being a criminal matter, and thus the Prosecutor's Office was not working as a "prosecutor" in this case. Even disbarment is a civil matter. There is no "conviction" or "prosecution" occurring.
 
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DavGreg

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It's hard to fathom why someone that invested 5-6 years of their life (and several hundred thousands of dollars) to become a lawyer would piss it all away by trying to squeeze a settlement out of a DA and/or the Denver DA's office. So either this person is astonishingly dumb for a law school graduate or had some sort of serious beef with her colleague.
Or is trying to eliminate competition for advancement.
 
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rochefort

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But many employers have HR policies that if an accusation is made, someone gets moved. Even if it isn't substantiated.
At a minimum, an accusation shows that two people aren't getting along. If what happened can't be conclusively proven one way or another, is it a surprise than the boss wants to separate those two people?

That being said, thank $DEITY that I've never been involved in such a situation.
 
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rochefort

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It's hard to fathom why someone that invested 5-6 years of their life (and several hundred thousands of dollars) to become a lawyer would piss it all away by trying to squeeze a settlement out of a DA and/or the Denver DA's office. So either this person is astonishingly dumb for a law school graduate or had some sort of serious beef with her colleague.
On the other hand, it's obvious that assembling a tight case isn't her forte. Maybe it's time for a career change.
 
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rochefort

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As one of the supporting articles linked in this story said, the case was referred for potential criminal charges. None were filed. It would have to be proven that her water-based escapades were deliberate.
Fabricating evidence is clearly deliberate; the phone records show that.
 
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rochefort

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It's almost as good as Tom Brady's defense being he ALWAYS destroyed his phones when replacing them after having a guy in a bathroom reduce the pressure in his balls.
When I first read your post, I'd forgotten about Deflategate. That makes this read very differently.
 
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rochefort

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The joke being that Elon is Adrian, but it turns out that's just, actually, what he wants y'all to believe.
No, it's just Elon taking advantage of a situation to get more publicity.

I wouldn't piss on Elon if he was on fire but he's not Dittman.
The funny thing about this is that Elon would light himself on fire if it got him more likes.
 
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taxythingy

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Believe it or not, there is an ethics component to the bar exam.
Yes, it's often overlooked, but ethics training is quite common to many fields. The problem is the same as driver's licence tests and a great many other measures. They check knowledge/ability, but can't effectively measure attitude.
 
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People upvoting misinformation, however “funny”.

Approval of things that are false but popular concerns me. It should concern you. If truth is only important when convenient, well, this is how we got two seasons of Trump.
Upvotes for this post are a sure indicator that people actually believe that the chicken was stapled to the punk rocker.
 
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Edgar Allan Esquire

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Because he's the man. In cases of man on woman DV, the man is taken away. In cases of woman on man DV, the man is asked to leave.
You can thank feminism for this.
Rather than just sexism/gender roles/chauvanism, there is data on m/f DV resulting in greater physical harm and hospitalization rates than f/m DV (the latter does have higher rates of non-physical abuse and usage of illegal tracking/surveillance, though). From a purely risk-based assessment, it does make more sense to view the man as a greater danger to parties involved.

There was an entertaining kerfuffle some years back where a city's (I forget which) police dept. wanted to update training for dealing with same-sex couples and even hired advisors for it with the new guidelines being to take away whichever partner seemed "more masculine." It was not well received.
 
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benwaggoner

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I think just the opposite. Because this case, in the end, relied on actual evidence to prove the accusations were false. Evidence-based prosecution and defense are, after all, what we want, and the system worked well here in the end.

The initial transfer wasn't handled well, but again I think in the end that, too, will be settled by fact once Hines' lawsuit proceeds.
Yeah, and data actually being forever on the internet is a real plus when we need to know who said what when to who.

In my very drawn out divorce and following years of further court hearings, a huge part of relevant evidence were emails and text messages, and sometimes phone logs. I was able to prove again and again that I had told my ex things she denied I said, that she said things she denied saying, that she failed to accept my calls when she claims I didn't call her. So when she tried to argue it was merely my not wanting to see my kids as the reason why she hadn't transferred them for a month, it was crystal clear that I'd actually gone to great lengths to make it happen and she'd verified several times that she was intentionally keeping them from me

Being good at data wound up being a big deal as well. Being able to get emails and text messages onto black and white letter sized paper in clear and legible ways was a big deal. I created most of my own exhibits that way, as that's a nerdy wheelhouse of mine (my attorney said they were much better than what she typically sees even from expensive firms).

Of course, having factual reality on my side also made a huge difference. I had offered joint custody but she demanded full custody, went to court over it, and I wound up with full custody at the end due to all the shenanigans that were harmful to the children and my relationship with them.
 
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m0nckywrench

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With how much people are expected to be at work now to be able to afford to live, the "don't date at work" advice is more and more impossible to follow. Where exactly will you meet like minded people if you spend most of your waking hours at work?

That's a solved problem thanks to the internet.Interacting with the like-minded online is more efficient than meatspace which is why it's so popular. If the objective is "social intercourse" ditto. A major bonus is access to self-selected groups or individuals you deem worthy while filtering the rest.

The "don't shit where you eat" advice of yore is increasingly important now every other employee is a potential legal threat. That doesn't mean one should be worried or paranoid. Keeping workplace interaction strictly professional is healthy and wise for all concerned.
 
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rochefort

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Twice now, I've put thumb drives through both washer and dryer, full cycle, and they worked just fine afterward, no data loss, so I agree it's pretty damn hard to destroy data just with water, or even hot water and detergent.
I have to ask: what brand of thumb drive were they?
 
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"Lawyers are bad" was your joke.

Ha ha.

/rollseyes
Nope

It was the absurdity of the reverse logic of trying to answer every question wrongly. Years ago a fellow tried to get the lowest score on SAT, but was disappointed he accidentally got one question right. Because the test was written wrong. Ha ha ha! Whoosh
 
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Penforhire

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Regarding the ethics education/aptitude question, as other noted it is a scholastic component in many fields. Many years ago I took an 'ethics in science' class, toward a BS degree.

I don't know aptitude can be measured. My experience suggests the only way to judge that is in a real-life situation with some personal stakes, when the 'chips are down.' I have seen a few people falter even within companies that had their own internal decent (to my eye) business ethics training and certification. I saw them they make one or more decisions that were either in a "grey area shaded toward red" or outright unethical (leading to for-cause firing in several cases).
 
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