During the November 3 broadcast of KBDI Channel 12's Independent Thinking, host Jon Caldara dubiously claimed that in 2005, Republican gubernatorial candidate Bob Beauprez “really helped” extradite convicted murderer Raul Gomez-Garcia from Mexico “by putting forward legislation [in Congress] that was going to cut off aid to Mexico if ... these things weren't taken care of.” Caldara criticized the media for giving Beauprez “no real credit” for his actions in the Gomez-Garcia case. Caldara's comment echoed a similar claim Beauprez made during an October debate when, according to an October 4 Denver Post article, Beauprez “said he helped quickly extradite cop-killer Raul Gomez-Garcia, an illegal immigrant, by applying leverage through an amendment he offered.”

However, the Post also reported that during the debate, Democratic candidate Bill Ritter “pointed out that Gomez-Garcia is back in Colorado only because the prosecutor agreed not to charge him with first-degree murder or seek the death penalty.” The Post further noted there had been criticism of Beauprez's efforts, reporting that “During extradition talks, Denver District Attorney Mitch Morrissey asked the state's congressional delegation to stop making public statements a day after Beauprez announced legislation to cut foreign aid to Mexico.” Beauprez himself reportedly had acknowledged after his legislation passed the House of Representatives in 2005 that, in the Rocky Mountain News' words, “his measure probably would not affect the Gomez-Garcia case, since charges already ha[d] been filed and Gomez-Garcia [was] awaiting extradition proceedings.”

Caldara made his comment during a discussion of media coverage of the election with Rocky Mountain News reporter Lynn Bartels and Colorado Media Matters editorial director Bill Menezes.

An October 26 Denver Post article reported that Gomez-Garcia was sentenced to 80 years in prison last month for killing Detective Donald Young and wounding his partner Jack Bishop in 2005. The article reported that Gomez-Garcia ambushed the two officers “on May 8, 2005, as they provided security at the Salon Ocampo social hall” and that “Gomez-Garcia, an illegal immigrant, [then] fled to Mexico, where he was arrested June 4, 2005. He was brought back after Denver District Attorney Mitch Morrissey promised the Mexican government he wouldn't seek the death penalty or file a charge that carries a life sentence.”

According to a November 30, 2005, News article, Morrissey's office “charged Gomez-Garcia with second-degree murder” so that Morrissey could “get around” what was then Mexico's ban on extraditing suspects who could face life in prison without parole as well as a U.S.-Mexico treaty that “prevents extradition of suspects who could face the death penalty”:

Mexico's highest court ruled Tuesday [November 29, 2005] that criminals facing life in prison can be extradited, but the decision is not likely to affect accused Denver cop killer Raul Gomez-Garcia.

“We do not expect the ruling by the Mexican Supreme Court to have any impact on the Raul Gomez-Garcia case,” said Denver District Attorney spokeswoman Lynn Kimbrough.

The DA's office has charged Gomez-Garcia with second-degree murder in the fatal shooting of Denver police officer Donnie Young on May 8 as Young worked off-duty at a baptismal party.

The DA would have sought the more severe charge of first-degree murder against Gomez-Garcia, but that charge carries the possibility of a death or life-imprisonment sentence, and until Tuesday, Mexico banned extradition of any criminal who faced life in prison without parole.

A 1978 U.S.-Mexico treaty already prevents extradition of suspects who could face the death penalty.

So Denver DA Mitch Morrissey reduced the charge against Gomez-Garcia to get around the ban and ensure that he would have to come back to Denver to face trial.

In response to Mexico's refusal to extradite Gomez-Garcia to face first-degree murder charges, Beauprez introduced a June 2005 amendment to H.R. 3057 -- the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2006. That bill, with Beauprez's amendment, passed Congress and was signed into law in November 2005.

A November 5, 2005, Rocky Mountain News article about the House's passage of Beauprez's “legislation threatening to cut foreign aid to Mexico and other countries that refuse to extradite suspected cop killers with no strings attached” reported that Beauprez said “he was upset that ... Morrissey was forced to take the death penalty off the table before charging Raul Gomez-Garcia.” According to the News, “Beauprez said his measure probably would not affect the Gomez-Garcia case” and instead suggested it would apply to “future” cases:

The bill, if signed into law, could affect about $40 million in aid to Mexico in 2006.

In a floor speech, Beauprez, a Republican, said he was upset that Denver District Attorney Mitch Morrissey was forced to take the death penalty off the table before charging Raul Gomez-Garcia with the death of Young and the wounding of Detective John Bishop on May 8.

[...]

In an interview, Beauprez said his measure probably would not affect the Gomez-Garcia case, since charges already have been filed and Gomez-Garcia is awaiting extradition proceedings. But he said it could pressure Mexico to change legal policies preventing extraditions when suspects might face the death penalty.

“In the future, I would hope that, as our system of law expects, you should stand in front of a court accused of the crime you committed,” Beauprez said. “You shouldn't have less than full justice served. That's where a lot of our hearts went out to Donnie Young's widow.”

During a November 4, 2005, House floor speech in support of the foreign operations bill containing his amendment, Beauprez stated:

BEAUPREZ: Gomez-Garcia's extradition back to the United States is now pending, but only because Denver DA Mitch Morrissey made the only choice available to him, and that is to seek a lesser plea bargain sentence. The United States should not be forced to plea bargain with other countries, nor should full justice be denied family members of assassinated cops. This appropriations bill will help us put an end to rewarding foreign nations with foreign aid that provide safe haven to cop killers.

Moreover, Beauprez apparently drew criticism that his legislative effort and controversial remarks he made about the case possibly were hampering Morrissey's extradition negotiations with Mexican officials. As the October 4 Post article noted regarding Beauprez's claim during the gubernatorial debate, “During extradition talks, Denver District Attorney Mitch Morrissey asked the state's congressional delegation to stop making public statements a day after Beauprez announced legislation to cut foreign aid to Mexico.”

A June 16, 2005, article in the News reported that Morrissey “had 'serious concerns' that statements from unidentified 'Washington politicians' were hurting efforts to bring back Raul Gomez-Garcia.” According to the News, Morrissey wrote in a letter to the Colorado congressional delegation that “Comments that appear disrespectful of Mexican law or appear to be attempts to pressure Mexican officials in some way are not helpful.” The News article reported that Morrissey's letter “capped a day of intense criticism aimed at Beauprez, who is considering a run for governor in 2006,” over controversial comments Beauprez made about the case:

In a Tuesday interview, he was asked about reports that it could take one to three years to decide Gomez-Garcia's extradition case. Beauprez told the News:

“I've vacationed in Mexico before. I know exactly what 'Mexican time' is.”

[...]

The slain detective's wife, Kelly Young, said Wednesday she hoped the case [against Gomez-Garcia] would bring about needed changes in extradition procedures.

When asked about Beauprez's rhetoric, she said: “Negativity could hurt this case. I'm trying to focus on the positive.”

Wednesday afternoon, Beauprez apologized for part of his remarks in a brief statement issued by press secretary Jordan Stoick.

“The congressman regrets his poor choice of words and offers a sincere apology to anyone who was offended,” Stoick said. “He will continue to fight to see that cop killers are not able to delay and avoid justice by fleeing the country. That is what he intended to convey in the interview and it is unfortunate that political opportunists would attempt to twist this into something it clearly is not.”

[...]

“Each time comments about the case, Mexican law, extradition or related issues are made through the media, I must divert my attention from preparing the extradition documents to contacting officials from Mexico and the U.S. Department of Justice to assure them that I am not a part of any political statements being made by Washington politicians,” Morrissey wrote.

A July 5, 2005, News editorial stated, “Beauprez first proposed” his amendment “in response to the killing of Denver police detective Donald Young. At the time, Denver District Attorney Mitch Morrissey boldly, and correctly, told him and the rest of the Colorado delegation to back off. He didn't.” The News further editorialized:

Even though it looks as if Young's killing would justify first-degree murder charges, Morrissey -- after consultation with the victims' families -- settled for second-degree. That's because they want the case prosecuted on American soil. Mexico refuses to extradite suspects who face the death penalty or life without parole.

Morrissey could, like Los Angeles prosecutors in a related cop-killing case, stubbornly refuse to reduce charges and hope his suspect returns voluntarily and gets caught, or Mexico gives in eventually. But standing on such rigid principle might mean no conviction at all.

Beauprez's amendment seems to be aimed primarily at helping him get the Republican gubernatorial nomination next year. We can only hope it doesn't hurt Morrissey's attempt to extradite and prosecute Gomez-Garcia.

During the November 3 Independent Thinking discussion, Caldara also claimed, “Bill Ritter got some credit” for the Gomez-Garcia case. In fact, the shooting occurred five months after Ritter, who was formerly Denver's district attorney, had left office. Gomez-Garcia committed the crime against officers Young and Bishop on May 8, 2005. Morrissey was sworn in on January 11, 2005, according to the Denver District Attorney's website.

From the November 3 broadcast of KBDI Channel 12's Independent Thinking:

CALDARA: Let me take two instances that I -- that I found pretty interesting. One, the cop-killer Gomez-Raul, whatever, who, who was finally sentenced, and Bill Ritter got some credit for that because it, it went through his offices originally, at least what he, what he put forward.

There, there -- but there was no real credit for Bob Beauprez, who, who really helped get the guy into this country by, by putting forward, by putting forward -- hang on -- by putting forward legislation that was going to cut off aid to Mexico if, if, if these things weren't taken care of. Now, there was no mention of that, and on the other side there was.