The only person charged in the University of Colorado recruitment scandal cannot receive a fair trial since a grand jury report has been leaked to the media, a defense attorney said Tuesday.
“It’s extraordinarily disappointing,” attorney Patrick Mulligan said Tuesday of the leaked report.
Nathan Maxcey, Mulligan’s client and a former CU employee, was indicted in July on suspicion of soliciting a prostitute and other charges, but only a charge of embezzlement — stemming from Maxcey’s suspected misuse of a university cell phone — remains.
The accusations of cell phone misuse seem minor compared to other allegations outlined in the report, including a possible slush fund for a football training camp and possible sexual assaults at a recruiting party in 2001, Mulligan said.
“Nathan Maxcey has been indicted for alleged misuse of a university cell phone when all of this activity, most of which happened before Mr. Maxcey was at the university, seems to be the focus of the investigation,” he said.
Maxcey worked as a recruiting assistant at CU for about a year, beginning in the summer of 2002, Mulligan said.
If Maxcey’s case goes to trial, potential jurors may be prejudiced against him and CU in general because of the publicity the grand jury investigation and other pieces of leaked information in the case have received, Mulligan said.
“The grave danger to Mr. Maxcey is that he is branded as guilty by association,” Mulligan said.
Mulligan would like to know who leaked the grand jury report, but thinks it may be a moot point, he said.
“Other than dismissing the indictment against Mr. Maxcey, I don’t know what remedy would cure what has been done,” Mulligan said.
Denver District Judge Jeff Bayless ordered the grand jury report sealed in September, over the objections of state prosecutors and some members of the grand jury.
Deputy Attorney General Jason Dunn, whose office is handling the investigation, refused to comment Tuesday on whether the leaked report was authentic because he had not seen the leaked copy.
“We have no idea of knowing if that’s an actual copy,” he said.
Few authentic copies exist, Dunn said.
“The court has one and we have the rest,” Dunn said. “Our copies are locked up and one person has the key.”
Everyone named in the report as a possible defendant may review the report, but they are not allowed to keep a photocopy, Dunn said.
The Associated Press contributed to this report.
Brad Turner can be reached at 720-494-5420, or by e-mail at firstname.lastname@example.org.