While reporting on the recent arrest of rape suspect Mohammed Abdi, who received an “agricultural trespass” plea bargain from Arapahoe County's Republican district attorney in 2003, KDVR Fox 31 -- during two consecutive newscasts -- repeated misleading Republican attacks on Democratic gubernatorial candidate Bill Ritter's plea bargain record as Denver district attorney.

In addition, on the October 31 broadcast of Good Day Colorado, Fox 31 showed a clip of an ad by Republican gubernatorial candidate Bob Beauprez criticizing Ritter's use of agricultural trespass pleas while simultaneously reporting on Abdi's plea deal in Arapahoe County -- although Fox 31 did not report that Ritter had anything to do with the Abdi case. During the report, Fox 31 co-anchor Ken Clark mentioned Beauprez's criticism of Ritter, but did not use the name of the Republican DA who actually plea-bargained Abdi.

Despite noting Beauprez's “blasting” of Ritter's use of agricultural trespass pleas in Denver, neither Fox 31 report mentioned that Jim Peters, the former Arapahoe County district attorney whose office apparently offered Abdi the 2003 agricultural trespass plea, was a Republican. Also, Fox 31 reported that the current Republican Arapahoe County D.A., Carol Chambers, said “she would not have allowed such a plea bargain” without noting that her office reportedly has agreed to at least 41 agricultural trespass plea bargains since the beginning of 2005. Finally, Fox 31 reported that Ritter's use in Denver of agricultural trespass plea bargains “allow[ed] illegal immigrants to avoid deportation” but failed to note Ritter's statements to the contrary.

On the October 30 broadcast of Fox 31's News at Nine O'Clock, co-anchor Libby Weaver reported, “Fox 31 News has learned that a man suspected of raping an Aurora teenager had been arrested before and released on a plea bargain that's caused a lot of controversy lately. Agricultural trespassing.” Fox 31 investigative reporter Julie Hayden then reported that the rape suspect, Abdi, was “born in Somalia, but neither police, prosecutors, or immigration officials could tell us just what his status is now. What we do know is he was -- he got off earlier on an agricultural trespassing plea bargain, and then was arrested two years later on rape.” Hayden further reported:

HAYDEN: Now, that kind of plea has come under fire by Republican gubernatorial candidate Bob Beauprez, blasting Democrat Bill Ritter for using it when Ritter was Denver's D.A. because it allows illegal immigrants to avoid deportation.

Abdi's status is not clear, but in 2003 court documents, when asked whether he was a citizen or not, Abdi wrote n/a, not applicable.

Now, he is being held here at the Arapahoe County Jail on a $2 million bond, accused of kidnapping and rape. The current Arapahoe County D.A. says she would not have allowed such a plea bargain, saying that she thinks the punishment should fit the crime.

Similarly, on the October 31 broadcast of Good Day Colorado at 5 a.m., Clark reported that in 2003, Abdi “was charged with three felonies: attempted robbery, attempted aggravated robbery, and felony menacing. But the former district attorney in Arapahoe County dropped those charges and allowed Abdi to plead guilty to agricultural trespassing.” Clark also noted, “Republican gubernatorial candidate Bob Beauprez criticizes his opponent Bill Ritter for offering those types of deals when he was district attorney.”

Despite noting Beauprez's attacks on Ritter, neither Fox 31 newscast noted that the “former district attorney in Arapahoe County” whose office agreed to Abdi's agricultural trespass plea was Peters, a Republican.

On Fox 31's News at Nine O'Clock, Hayden also reported that Chambers, the current Republican Arapahoe County DA, “says she would not have allowed such a plea bargain, saying that she thinks the punishment should fit the crime.” Hayden did not challenge Chambers's claim. However, the Rocky Mountain News reported October 12, “Arapahoe County followed Denver in the use of the plea, with 71 cases since 1998.” The News noted that under Chambers's tenure (beginning in 2005), “The use of the charge in the county rose to 21 cases last year and 20 so far this year.” The News further reported, however, that “Chambers said she was not aware her deputies were agreeing to pleas of farm trespassing and sent a memo to them asking for details.”

In addition, Hayden claimed that the agricultural trespass plea has “come under fire by Republican gubernatorial candidate Bob Beauprez, blasting Democrat Bill Ritter for using it when Ritter was Denver's D.A. because it allows illegal immigrants to avoid deportation.” However, the report failed to include Ritter's argument to the contrary.

As Colorado Media Matters previously noted, while the agricultural trespass plea deals might have helped legal immigrants avoid deportation, illegal immigrants are subject to deportation by federal officials regardless of any pleas to which they agree.

The October 12 News article reported, “The plea did nothing to help illegal immigrants, Ritter said.” The article further quoted Ritter as saying, “An illegal immigrant is deportable whether they plead guilty to this felony or any other crime, even misdemeanors, even petty offenses. ... It (the plea) was not used to preserve an arrangement where they could stay in the country.”

Another Rocky Mountain News article from June 11 noted that “unlawful presence” in the United States is a deportable offense: “The most common charge against those caught without authorization in the U.S. is 'unlawful presence,' a civil offense. The penalty is removal, and an immigrant can be detained in the meantime.”

Likewise, in an October 1 Denver Post article about Beauprez's initial attack on Ritter's plea bargains with immigrants, Ritter said that as district attorney “he insisted his office contact immigration officials whenever a defendant was an illegal immigrant or had questionable immigration status,” and that it “was up to the federal government to deport them.” Ritter also stated “that the scarce resources in his office were used to prosecute violent and serious offenders and, sometimes, cases had evidentiary issues where a plea to a lesser charge was better than losing at trial.”

From the October 30 broadcast of KDVR Fox 31's News at Nine O'Clock:

LIBBY WEAVER (co-anchor): A Fox 31 exclusive. A man suspected of raping a teenager has been arrested in the past. Why a plea bargain with the D.A. set him free.

[...]

WEAVER: Fox 31 News has learned that a man suspected of raping an Aurora teenager had been arrested before and released on a plea bargain that's caused a lot of controversy lately. Agricultural trespassing. It's been used to allow illegal immigrants to avoid deportation. This is a story you'll see only on Fox 31. Investigative reporter Julie Hayden is live with the exclusive details. Julie.

JULIE HAYDEN (reporter): Well, the suspect was born in Somalia, but neither police, prosecutors, or immigration officials could tell us just what his status is now. What we do know is he was -- he got off earlier on an agricultural trespassing plea bargain, and then was arrested two years later on rape.

Earlier this month, the 19-year-old just got out of her car in this Aurora parking lot when police say a man forced her back into the vehicle and raped her. He then allegedly drove her to this ATM, stole her debit card and took money out of her account. Police arrested 21-year-old Mohammed Abdi, saying his DNA links him to the attack. CBI [Colorado Bureau of Investigation] records show Abdi has arrests going back to 2003. Mostly misdemeanors, until a confrontation in November of 2003 with a man in this Aurora neighborhood.

The victim was just getting out of his car when Abdi allegedly came up to him, motioned with his hand as if he had a gun and said, “Give me your money.” When the victim showed he didn't have any cash, the suspect fled. Abdi was ID'd and arrested, originally charged with three felonies: attempted robbery, attempted aggravated robbery, and felony menacing. But the former D.A. dropped those charges and allowed Abdi to plead guilty to agricultural trespassing.

Now, that kind of plea has come under fire by Republican gubernatorial candidate Bob Beauprez, blasting Democrat Bill Ritter for using it when Ritter was Denver's D.A. because it allows illegal immigrants to avoid deportation.

Abdi's status is not clear, but in 2003 court documents, when asked whether he was a citizen or not, Abdi wrote n/a, not applicable.

Now, he is being held here at the Arapahoe County Jail on a 2 million dollar bond, accused of kidnapping and rape. The current Arapahoe County D.A. says she would not have allowed such a plea bargain, saying that she thinks the punishment should fit the crime. Libby.

WEAVER: Julie Hayden live tonight in Arapahoe County.

From the October 31 broadcast of KDVR Fox 31's Good Day Colorado:

KEN CLARK (co-anchor): An Aurora rape suspect has a criminal history, and that's making headlines with candidates this political season. Twenty-one-year-old Mohammed Abdi is being held on 2 million dollars bond, suspected of rape of an Aurora teen. Now Fox 31 has learned of the past plea bargain and questionable citizenship status.

CBI records shows that Abdi has an arrest record going back to 2003 -- that November, he was charged with three felonies: attempted robbery, attempted aggravated robbery, and felony menacing. But the former district attorney in Arapahoe County dropped those charges and allowed Abdi to plead guilty to agricultural trespassing. That kind of plea lets illegal immigrants avoid deportation. Republican gubernatorial candidate Bob Beauprez criticizes his opponent Bill Ritter for offering those types of deals when he was district attorney. Abdi's citizenship status is not clear. In 2003 he marked his status on court documents as not applicable.