Brauchler Runs From Rape Case Hypocrisy

UPDATE: Colorado Democrats go point-by-point to rebut George Brauchler:

Mr. Brauchler’s Lie: “I was not the primary defense attorney for Koontz”

Court Documents: Public court documents reveal that in fact, Mr. Brauchler was the only defense attorney to submit a formal“entry of appearance” to the Court in this case, and that his printed name and Colorado bar number appear as listed defense counsel on every single document the defense filed.

Mr. Brauchler’s Lie: “I was filling in for other lawyers”

Court documents: As noted, Mr. Brauchler’s printed name and Colorado Attorney number appear on every single one of the eleven documents the defense filed in the case, with the vast majority also including his personal signature. And in those few documents where another lawyer hand signed above Mr. Brauchler’s printed name, that lawyer specifically hand wrote that they were appearing“for” George Brauchler.

Mr. Brauchler’s Lie: “This is a case where I went to court one time for this guy”

Court documents: Lawyers for Mr. Koontz’s appeared before the Court eight times in this case, either in person or telephonically. In seven of these eight appearances, Mr. Brauchler was the sole attending defense attorney.


We wrote last Friday about the latest exchange of fire between Republican attorney general candidate George Brauchler and his Democratic opponent Phil Weiser over their respective work as private lawyers on criminal defense matters. An ad from Brauchler’s principal backers at the Republican Attorneys General Association attempts to vilify Weiser for a pro bono legal opinion he submitted upon request in a criminal case, using the lurid details of the underlying case to somehow impugn Weiser’s own moral credibility. The claim is patently ridiculous since Weiser’s only role in the case was a legal opinion on a specific detail, not as a defense attorney–not to mention that attorneys by nature are in the business of defending bad people, and that does not make them bad people themselves.

Worse, as we discussed Friday, is the straightforward charge of hypocrisy this attack opens against Brauchler, whose own record as a criminal defense attorney is full of cases that could be weaponized in the same duplicitous manner. In particular, Brauchler was the defense attorney in a disturbing case of alleged sexual assault at Colorado State University which ended in a controversial plea bargain for the accused rapist.

And that’s where the Colorado Sun’s Jesse Paul picks up the story, discussing the response ad from Weiser that invokes this case:

One of Brauchler’s defendants cited by the ad is William Allen Koontz. In 2009, when he was a student at Colorado State University in Fort Collins, Koontz was accused of sexually assaulting a woman who told investigators she believed she had been drugged…

But Brauchler says the ad dramatically overstates his role in the case. He says he was filling in for other lawyers in his firm and that he was not the primary defense attorney for Koontz.

“This is a case where I went to court one time for this guy on behalf of a law firm,” Brauchler said. “… I don’t even remember the facts of that case, that’s how little I had to do with it.”

The problem is, court filings don’t support Brauchler’s contention that he was just another counsel in an office that happened to handle the case:

Whatever the details of Brauchler’s involvement, there’s simply no question that Brauchler was much more intimately involved with this controversial rape case than Weiser was with his written opinion about one aspect of law in another case. The hypocrisy of this is completely indefensible, and Brauchler’s denials contrary to the available record do not help. Neither does this:

It’s worth noting that by law Brauchler and RAGA can’t coordinate with each other, and that RAGA is behind the Weiser attack ad, not Brauchler.

“I have never made an issue of a single client that Phil has chosen to represent,” Brauchler told The Sun in an interview last week. “I am not concerning myself with the third party ads of either side.”

We understand that it’s courteous to maintain the mostly fictional separation (see: Stapleton, Walker) between a candidate’s own campaign and the “independent expenditure” efforts on that candidate’s behalf. When it comes to Brauchler’s association with the Republican Attorneys General Association (RAGA), the pretense is harder to maintain given RAGA’s lopsided spending on behalf of Brauchler, accounting for the vast majority of the total campaign effort. If you exclude RAGA from Brauchler’s campaign, on every practical level he doesn’t have a campaign.

In summary, for every voter keeping score, the hypocrisy of this late attack on Weiser is compounded by Brauchler’s implausible denials regarding the CSU sexual assault case for which he is listed in at least some court filings as the principal defense attorney (see image above). In this situation, it would be a simple and smart move for Brauchler to make a strong statement condemning the baseless attacks on Weiser, if only to negate the considerably more factual countercharge against Brauchler.

Not likely, though. Because the “third party” carrying Brauchler over the finish line has spent a lot of money on their attack ad. And however much or little he may “coordinate” with his de facto campaign organization, Brauchler knows that much.

7 Community Comments, Facebook Comments

  1. spaceman65 says:

    Jesus Christ, George, you were just discharging your professional responsibilities to a client.  I thought you believed in the system.  If so, you should embrace this, own it, and be proud.  But that's not you, is it.


  2. Davie says:

    Brave, brave Sir Robin ….

  3. JohnInDenver says:

    I'm worried about our food and drug control regime here — and apparently, across the nation.

    Somehow, Republican appointees, incumbents and candidates for office have developed addled memories, overlooking or conflating significant details of their professional lives, their published speeches, topics covered and positions taken in media interviews, and other events I would have expected to be clear in their minds. A candidate for the 2008 Presidential election could not recall how many houses he owned. Another candidate, running in the 2012 primaries, couldn't recall the third of three departments he wanted to eliminate. The current candidate for Governor briefly forgot how many children he has. The current candidate for Attorney General cannot recall his involvement in a case from less than 10 years ago.

    The kind and gentle reminders of this article are a short term approach. But for a longer term strategy and effective treatment, we should request health agencies to diagnose and public health agencies to carefully monitor the environment these candidates spend time in, seeking a clear answer on the question of what is causing these Republican leaders to be so forgetful.


  4. notaskinnycook says:

    Why do professionals running for office lie about recorded facts? It's another case of either he's an idiot, or he thinks the voters are.

  5. I don't care about either of these cases, but I do care about Brauchler so blatantly lying about it.

    • Genghis says:

      Absolutely. Shit like this is why I absolutely loathe attorney general elections. We have an adversary system of justice that can't possibly work without advocates on both sides. No one knows that better than the gaggle of lying piece-of-shit scumbag motherfuckers collectively know as the Republican Attorneys General Association. With that knowledge, RAGA throws together a hit piece attacking Weiser for drafting and filing a 5-page reply brief in an appellate court on behalf of a convicted, imprisoned criminal arguing that a state can't jigger its criteria for calculating "good time" after the state certified a sentence as complete. Sounds reasonable enough to me, but RAGA wants you to think that Weiser loves child rapists or some such shit. 

      So, naturally, Weiser took the high road, right? lol of course not. His ad seeks to make you believe that Tweety Brauchler is the REAL rape lover in this election. 

      So, naturally, Tweety responded with something like, "You're goddamn jolly well fuckin'-a right I defended that guy, because our criminal justice system can't work unless both sides have an advocate. If you don't like that, vote for someone else and move someplace where due process depends exclusively on degrees of troglodytic rage." Right?

      lol of course not. Brauchler's response proves he's as much of a chickenshit candy-ass as he is a liar. 

      Seriously, fuck attorney general races. 

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