DENVER — A growing movement in Colorado is calling for significant changes to state laws regarding mental competency in criminal cases. The Colorado Parents Advocacy Network has initiated a petition aimed at urging district attorneys to persuade the governor to convene an emergency special session for potential amendments or repeals of these laws.
This push comes in the wake of several high-profile cases where charges were dismissed against offenders, including those accused of serious crimes such as murder and kidnapping, due to determinations of incompetency to stand trial. Currently, Colorado law mandates that charges must be dismissed if a suspect is found both incompetent and unlikely to be restored to competency. One such case involved Solomon Galligan, who faced kidnapping and child abuse charges after an alarming incident last April in Aurora, where he was recorded lunging at elementary school children. Following a series of failed competency evaluations, the charges against him were dropped, and he is now residing in a state hospital.
Concerned that similar outcomes could jeopardize community safety, representatives from the Colorado Parents Advocacy Network, Safe2Tell, victims’ families, and several lawmakers gathered at the Colorado Supreme Court this week. Their goal was to mobilize support for the petition, which has already garnered over 1,000 signatures since its launch.
“Our communities are not safe,” Lori Gimelshteyn, executive director of the Colorado Parents Advocacy Network, stated emphatically. She advocates for increased awareness within the community regarding the implications of current laws. Gimelshteyn highlighted that while offenders may receive civil commitments to mental health institutions, many are released within an average of 90 days.
Mental health advocates emphasize that fostering safer communities requires effective treatment and care for individuals grappling with behavioral health issues, particularly those entangled in the criminal justice system. However, families of victims, such as Brittany Visage—whose mother was killed last year—believe the present laws predominantly protect offenders at the expense of victims. Visage expressed her frustration over the case of Joel Lang, the man who admitted to her mother’s murder but was deemed incompetent to stand trial and subsequently released back into the community.
Visage questioned the rationale behind current competency laws, referencing Lang’s admission of his actions as he drove his mother’s body. “How can our laws allow someone who acknowledges the severity of their actions to roam free in our neighborhoods?” she asked, underscoring the inherent risks posed to the public.
Arapahoe County District Attorney Amy Padden has echoed these concerns, recognizing the need for legislative reform. In a recent interview, she expressed her frustration with the limitations imposed by existing state laws, emphasizing the ethical obligation to adhere to legislation despite its shortcomings. “If there is no basis for objection, we won’t have any choice but to let the court dismiss the case,” she stated.
Gimelshteyn countered that merely citing legal constraints is insufficient. She believes that district attorneys have the responsibility to advocate for justice and public safety. “It’s the district attorneys who face victims’ families and must explain their lack of options,” she said, highlighting the need for accountability in addressing these issues.
The urgency for change is evident, and the Colorado Parents Advocacy Network plans to continue driving awareness and support for this cause. As the dialogue around mental competency in criminal cases evolves, advocates remain hopeful that legislative action will result in meaningful change, striking a better balance between compassion for mental health and the demands of justice.
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