Ex-deputy DA considers run against Newsome

Dan May, a former deputy with the 4th Judicial District Attorney's Office, is considering wresting the 4th Judicial District Attorney's seat from incumbent John Newsome, who is seeking a second term in office and is currently unopposed.

May asked the Secretary of State's Office on Tuesday about the process of petitioning his way onto the Republican primary ballot in August's election for the 4th Judicial District Attorney's job.

"I've been contacted by numerous people in (Newsome's) office and out of it, and from those in the legal community with concerns," May said. "I'm seriously considering those issues and concerns and am going to make a decision within two days."

Those concerns surround a KOAA hidden-camera investigation in which Newsome was taped drinking about 130 ounces of beer in five hours, then driving a county-owned vehicle. KOAA employees saw Newsome drinking beer during work hours four times.

Newsome denied that he was impaired before driving, but he apologized for the appearance of impropriety and vowed to do better.

May said he was in court on a death penalty case in Hugo from Jan. 30 through late last month and that he was not the source for KOAA's investigation.

May said Tuesday that he has not formally filed a petition for the Secretary of State's review but will make a decision soon. He is currently chief deputy district attorney for the 18th Judicial District.

A spokesman for Secretary of State Mike Coffman confirmed that May had submitted an electronic version of a petition form Tuesday.

"We have to have a hard copy before we can approve it," said spokesman Richard Coolidge.

To get on the Aug. 12 ballot, May must first submit a petition to the Secretary of State's office. If officials there approve the petition language, May would collect signatures from registered voters in the 4th Judicial District, which includes El Paso and Teller counties. May would have to get at least 1,000 valid signatures by May 29 to get on the ballot, Coolidge said.

If no Democrat runs, and none has filed, the winner of the August primary would be the district attorney. That's how it was in 2004 when Newsome beat May to win the district attorney's office.

May worked for the 4th Judicial District Attorney's office for 21 years prior to 2004. He served as former District Attorney Jeanne Smith's assistant and was her handpicked successor before losing to Newsome.

Greg Garcia, chairman of the El Paso County Republicans, said he was aware of the possibility of a May candidacy.

"We've just gone through the assembly, and our candidate for district attorney is John Newsome," Garcia said. "We've already been through the assembly and the caucus, and that's how we vet our candidates. For someone at this late date to petition onto the ballot and circumvent the caucus and assembly seems a little radical."

That said, Garcia said party officials will support all Republican candidates on the ballot.

Asked if Newsome appears to be a weaker candidate based on events last week, Garcia said he doesn't.

"I certainly would not think that Dan would take advantage of this particular situation . . . where there was no convictions and no wrongdoing," Garcia said.

The Hugo trial May referred to was for David Bueno, 44, who was convicted of murder in the stabbing death of Limon Correction Facility inmate Jeffrey Heird in 2004. Though prosecutors had asked for the death penalty, a jury decided Bueno should be sentenced to life in prison without parole.

May was also the lead prosecutor on a Bueno codefendant's case until an 18th Judicial District judge removed him and ordered a special prosecutor appointed.

District Judge Stanley Brinkley ruled April 7 that prosecutors from the 18th Judicial District could not prosecute Alejandro Perez on murder charges in Heird's death because two former defense attorneys, one of whom represented Perez in a previous trial, had worked for prosecutors on the case. Brinkley also ruled that Perez could not get a fair trial unless a special prosecutor was appointed because of the way the 18th Judicial District Attorney's office billed the Colorado Department of Corrections.

Though taxpayers of the district, which includes Arapahoe, Douglas, Elbert and Lincoln counties, paid for the cost of Perez's prosecution, the district attorney's office also billed DOC officials.

"The question then arises as to whether or not this was doubling up on the part of the district attorney's office, which would provide governmental profit for that department," Brinkley wrote in his ruling.

May said he could not comment on the case until talking to his supervisors.

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CONTACT THE WRITER: 636-0110 or dennis.huspeni@gazette.com