Former twelfth Judicial District Lawyer Robert Willett filed a $5 million federal lawsuit Tuesday towards his successor and the district legal professional’s workplace after he was wrongly prosecuted for embezzlement.
Willett’s successor, the now-disbarred former district legal professional Alonzo Payne, introduced the felony cost towards Willett in March 2022, days after Willett publicly referred to as for Payne’s resignation. Willett claims within the lawsuit that the baseless cost was filed “as an act of sheer retaliation” for his public criticism of Payne.
Payne resigned as district legal professional for the twelfth Judicial District within the San Luis Valley in July 2022 after an investigation by the Colorado Lawyer Basic’s Workplace discovered he repeatedly violated crime victims’ rights. He additionally was going through a recall effort led by town of Alamosa. Payne was disbarred in September partly due to his investigation into and prosecution of Willett, state records present.
“…Throughout a political marketing campaign to recall Payne from workplace, Payne started an investigation and filed legal expenses towards the earlier district legal professional, a political rival and critic of Payne,” a stipulation to self-discipline reads. “Regardless of this antagonistic relationship, Payne didn’t search an outdoor legislation enforcement company or particular prosecutor to supervise the investigation or make charging choices.”
The embezzlement cost towards Willett was dropped in September on the request of an unbiased prosecutor who was ultimately appointed to the case. The decide on the time concluded the case lacked “any sort of prosecutorial advantage.”
Payne had alleged {that a} $1,500 Christmas bonus that Willett paid himself boosted his wage above the statutory restrict of $130,000 for district attorneys’ salaries. Willett contends within the lawsuit that he was paid not more than $126,000 as district legal professional, even with the bonus included.
When the felony cost was filed, Willett was suspended with out pay from his present job as a prosecutor within the 4th Judicial District, the lawsuit says.
“I used to be out of labor for seven months and my identify was just about sullied and drug via the mud,” he mentioned in a quick dialog concerning the lawsuit Wednesday.
Willett referred further inquiries to his legal professional, Kristopher Miller, who declined to say how the pair arrived on the $5 million determine for damages.
The lawsuit names as defendants not solely Payne and the twelfth Judicial District Lawyer’s Workplace, but in addition a former assistant district legal professional, an investigator and a enterprise administrator within the workplace. Moreover, one other 10 “unknown workers” of the district legal professional’s workplace are listed as defendants.
Willett alleges that workers within the workplace knew that Payne was utilizing the embezzlement prosecution as political leverage and took half within the conspiracy.
Payne didn’t return a request for remark Wednesday.
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