PUBLIC EYE

Bill Owens says he's tough on crime. He's an ardent advocate of the war
against drugs. This year, when Colorado voters approved marijuana use for
medicinal purposes, he urged the feds to fully prosecute anyone who sells,
distributes or grows dope.

Why, then, is it OK for the governor of Colorado to have what appears to be
a perfectly healthy, knee-high pot plant growing amid blue bell flowers and
other foliage on the gated grounds of his official residence in Denver's
Capitol Hill neighborhood?

Photo By Cara DeGette

These photos of the east side of the Governor's Mansion and the alleged
marijuana plant just steps from the sidewalk were taken last Sunday, Aug
12. It was unclear whether additional pot plants are growing elsewhere at
the historic mansion that was deeded to the State of Colorado for use by
the governor in 1959.

Since his election in 1998, Owens and his family have continued to live in
their home in Aurora. However as governor, he uses the mansion for official
functions, including political fundraisers.

In 2000, the Republican Owens underscored a tough-on-crime stance in his
state of the state message: "Just passing laws is not enough," he said. "We
must also enforce the laws we already have on the books and vigorously
prosecute those who break the law."

So is Owens ready to turn himself in, to be charged and prosecuted under
federal, state or local forfeiture and public nuisance laws? These laws
give the government the ability to seize property, often based solely upon
probable cause that unlawful activities are occurring there -- including
cultivation of marijuana, which is classified as an illicit drug.

And, claims of innocence -- "But I had no idea the pot plant was even
there, officer!" -- is no excuse.

"Even if you're just the landlord, you are still responsible for things
that happen on your property," said Lt. Donna Starr-Gimeno, commander of
the Public Nuisance Abatement Unit for the Denver Police Department. In the
first six months of this year alone, Denver police have initiated 552 cases
involving real estate and motor vehicles under the city's public nuisance
ordinance. That number is up from 305 cases during the first half of 2000.

Starr-Gimeno says the ordinance, which targets crimes ranging from drug
sales and possession to prostitution and child pornography, is necessary to
make Denver's neighborhoods safer. But such laws have been widely
criticized for giving law enforcement agencies huge room for abuse --
especially selective enforcement and prosecution. Published horror stories
abound detailing mostly people of color who have been targeted by zealous cops.

Even Colorado Attorney General Ken Salazar, who in May joined forces with
Owens to denounce Colorado's medical marijuana law, acknowledges at least a
perception that people of color are generally more often targeted for
arrest than the white population, said his spokesman Ken Lane. When it
comes to drug and other busts, everyone should be treated equally, Lane said.

Photo By Cara DeGette

This week Starr-Gimeno confirmed that in some cases the city can seize
property belonging to their own other government agencies. "Funny you
should ask," she said, "we're investigating a case right now involving
[government-owned] property."