DA, parents demand legal change after Black Hills Elementary attempted kidnapping case

The Urgent Need for Reform in Colorado’s Legal System

A recent news conference held in Arapahoe County, Colorado, highlighted the growing concerns about the state's legal system and its ability to protect vulnerable populations. Parents, state leaders, and a neighboring district attorney came together to discuss the urgent need for reform following a case that has sparked widespread debate.

The case involves Solomon Galligan, who is accused of attempting to kidnap an 11-year-old child from a Cherry Creek elementary school. His attorney filed a motion to have the charges against him dropped, citing a finding by a board-certified forensic psychiatrist that Galligan is mentally incompetent to stand trial. Under Colorado law, this means the charges must be dismissed unless the court rules otherwise.

This situation has raised serious questions about how the state's laws are failing to safeguard individuals, particularly children. Lori Gimelshteyn, Executive Director of the Colorado Parent Advocacy Network, emphasized that the case represents a broader issue: “It is a warning, and it speaks to a larger failure in Colorado when violent offenders are protected and Coloradans are left unprotected.”

Despite the video evidence and Galligan’s prior criminal history, the district attorney’s office claims they are legally bound to drop the charges. Representative Scott Bottoms criticized this stance, arguing that there is still room for the DA to take action. “The DA can come right back right now and say this is not OK,” he said. “But you see now they have already made the certain concession and the legal steps, so now their hands are tied.”

District Attorney George Brauchler, representing a neighboring judicial district, echoed similar concerns. He pointed out that the defense bar has found a way to exploit the mental health system by claiming incompetence in numerous cases. “I’ve never been in an environment where we’ve had more claims of incompetence than we have right now,” he said. Brauchler stressed the importance of quick action, suggesting a special session to address these systemic failures.

Parent Dante White, who has been advocating for change since the beginning of the situation, attended the news conference after meeting with the DA virtually. He acknowledged that the law was passed bipartisanly but believes there is still room for improvement. “This isn’t a partisan issue; this isn’t anything that they are being lax on,” he said. White is working with advocacy groups to push for changes in the law.

DA Amy Padden provided a detailed statement addressing inaccuracies regarding the charges against Galligan. She clarified that the charges remain pending and that the motion to dismiss was filed by the defendant’s attorney. Padden emphasized that the district attorney’s office is legally required to follow the law, which mandates dismissal if the court determines the defendant is incompetent.

Padden also mentioned her concerns about the statutory process and its impact on community safety. She has been in discussions with legislators about potential reforms and remains committed to working with stakeholders to find solutions. “Mental health is a critical issue in our criminal justice system,” she said.

Susan Payne, founder of Safe2Tell, is urging district attorneys across the state to provide data on how the law has affected their operations and how many violent offenders have been released due to it. This call for transparency highlights the ongoing challenges within the system.

As the legal process continues, the voices of parents, advocates, and officials emphasize the need for immediate and meaningful reform. The goal is to ensure that the legal system protects all members of the community, especially the most vulnerable. The case of Solomon Galligan serves as a stark reminder of the urgency of this task.