RACIAL DISPARITY IN PRISON STIRS CALL

Wednesday, August 22, 2001 - Even though blacks make up 3.8 percent
of Colorado's population, behind the barbed wire of the state's
prisons they represent nearly a quarter of the population, lawmakers
were told Tuesday.

Hispanics make up 17 percent of the state's residents, yet total 28.5
percent of inmates serving time.

Those and other statistics from the Department of Corrections have
prompted state Rep. Peter Groff, D-Denver, defense lawyers and
residents to call for a comprehensive study to determine why there is
such a disparity between the number of blacks and Hispanics in prison
compared with their population numbers.

"There is no question that there seems to be a bias in our criminal
justice system, and that bias needs to be addressed," said Groff, a
freshman lawmaker from Denver who chairs a subcommittee on
demographic disparities for the legislature's interim committee on
criminal sentencing.

Groff will make his study recommendation to the sentencing committee
and begin drafting legislation for next year. He said he hopes to
find a creative way to pay for it or enlist the support of
universities, the attorney general or the state Corrections
Department.

Attorney Philip Cherner of the Colorado Criminal Defense Bar said a
study is essential.

"The disparity is so gross," he said. "We need to know why."

But Denver's chief prosecutor, Bill Ritter, cautioned lawmakers not
to assume racial bias from the numbers. He attributed the numbers in
part to more enforcement in communities that have asked for greater
police presence because certain crimes, such as drug trafficking, are
rampant.

"I think the worst mistake that can be made is taking this numerical
disparity and assuming too much from it, saying that because there's
a serious over-representation of African-Americans in the Department
of Corrections that means somewhere up the road there's a racial
bias."

Attorney Christie Donner of the Rocky Mountain Peace and Justice
Center disagreed, blaming the higher number of drug arrests in
minority communities on unequal enforcement of the drug laws.

"I think that there is a tolerance of drug use among certain members
of our society that is not tolerated with other segments ...," Donner
said. "I think that is a problem and there needs to be some
accountability."

For instance, Donner said she believes there is just as much drug use
and drug dealing going on at the University of Colorado campus as
there is on East Colfax.

Pastor Terrance Carroll of Aurora agreed. Carroll, a former Boulder
police officer, said he "busted so many people for drugs in Boulder
who received a certain leniency" compared with similar busts in
Washington.

Businessman Clarke Watson, representing a group of black business
people, said state officials need to focus more on the root causes of
crime.

Committee member Sen. Ken Arnold, R-Westminster, a former State
Patrol officer, said he plans to check into whether Boulder is more
lax in its drug enforcement.