Times-Call (Longmont)

Officials not told about pornograph­y on shared laptop

- BY DAVID MIGOYA THE DENVER POST

A laptop computer that rotated among the judges of Adams and Broomfield counties’ judicial district and contained dozens of pornograph­ic images was never turned over to law enforcemen­t for investigat­ion or reported up the chain of command when the images were discovered, The Denver Post has learned.

Reasons var y for why law enforcemen­t was not involved at the start to determine whether the images were illegal. The former administra­tor of the 17th Judicial District Benjamin Stough said he was ordered by his boss, the chief judge, to make the images “go away” after he learned of them. The nowretired chief judge, Patrick Murphy, says it was Stough who handled the incident and that he was merely following his subordinat­e’s advice not to be concerned about it.

The incident comes to light months after Stough lost his battle for unemployme­nt benefits. He was fired last year for not reporting the matter to authoritie­s when it happened or detailing what he did with the pornograph­y when asked.

Stough says Murphy ordered him to destroy the images after learning the laptop had been assigned to a magistrate and friend at the time the pornograph­y was downloaded, according to documents obtained by The Post that detail the incident. He has said it was unclear whether the images were of children and maintains Murphy should have ordered them investigat­ed.

Murphy told The Post that it was actually Stough who recommende­d not reporting the images and he recalls Stough assuring him they did not depict minors.

Details surroundin­g the allegation are laid out in several state records obtained by The Post including a whistleblo­wer complaint Stough filed with the State Personnel Board in August 2019 when he was fired and recordings of hearings held regarding his claims for unemployme­nt insurance benefits months after ward.

The password-protected laptop is rotated weekly among judges and magistrate­s in the district for evening and weekend duties such as issuing police warrants for searches or emergency custody orders. Stough said a female judge in the rotation reported the images to the district’s computer technician­s, who reported it to Stough. He then took the laptop directly to Murphy, according to the documents.

While Murphy recalls the exchange differentl­y,

Stough said he told Murphy he was unsure whether the images depicted children. Stough said that although the senior judge never viewed the images, he “directed me to ‘make it go away'” after the magistrate said they weren’t his, according to the whistleblo­wer complaint.

The complaint was dismissed because Stough was an at-will employee and not covered by the state’s career service rules.

“I believe Judge Murphy covered it up ,” s tough said during an August 2019 interview with the current chief judge who later fired him, according to a transcript obtained by The Post. “He had a duty to call law enforcemen­t, to tr y to find out (what) those images were, who these people were, and ascertain their age. He didn’t do it.”

Stough said he kept quiet because he feared for his job if he spoke out.

The best anyone can recall, the incident occurred around Christmas 2016 or 2017 and only recently came to light as Stough unsuccessf­ully battled for unemployme­nt benefits. He was fired last year from his $175,000 job for failing to report the matter to state authoritie­s or law enforcemen­t when it happened and for not disclosing what he did with the pornograph­y. That firing came under the current chief judge, Emily Anderson.

Murphy, a former assistant federal prosecutor who served 11 years on the bench, said he would never have sought to destroy evidence. “There absolutely was not a conspiracy to hide anything whatsoever,” Murphy told The Post.

The images were discovered after the computer had been assigned to former Adams County Chief Magistrate Peter Stapp. Stapp denied any knowledge of the images or how they got onto the laptop when confronted by Murphy and Stough, the whistleblo­wer documents show.

The former magistrate, however, told The Post that he told the two men that it was likely teenaged relatives who visited the pornograph­ic websites when he loaned them the laptop during a family gathering over the holidays. He said Stough told him not to be concerned about it.

“He said, ‘Don’t worry about it, it’s not a big deal,

I’ll just take care of it,'”

Stapp told The Post, adding he did not confront those relatives or ask if it was them. “I assumed it was the end of it.”

Stapp said all he saw was a list of websites from Stough, not any images. He said the next he heard about the incident was from the attorney general’s office in connection with Stough’s unemployme­nt claim last year.

Stapp agreed that he, like all other judges and district employees, had signed a directive from the chief justice of the Colorado Supreme Court restrictin­g access to judicial laptops to employees only, as well as a requiremen­t to report any misuse or unauthoriz­ed access.

Both Murphy and Stapp have since retired from the bench. Murphy currently works with the Judicial Arbiter Group, a company made up of retired judges who provide alternativ­e dispute resolution and other legal services. Stapp runs his own legal mediation ser vice in Denver.

The first time Stough disclosed the episode was in March 2019 when the Judicial Department’s director of human resources told him Murphy was firing Stough for unrelated reasons, according to the whistleblo­wer complaint. Stough replied that he would file an age-discrimina­tion lawsuit over his firing, then revealed he would also send informatio­n about the pornograph­y incident to the FBI.

A laptop was sent to the Colorado Bureau of Investigat­ion in March 2019, but it turned out to be the one that replaced the laptop they sought, according to CBI reports obtained by The Post via an open-records request. The laptop used by Stapp had already been recycled and its hard drive removed. It’s unclear if the hard drive was destroyed or lay among hundreds scheduled to be incinerate­d.

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