CHEYENNE—An investigator seeking Laramie County Sheriff’s Office records related to a local immigration case filed a document Thursday asking a judge to hold Sheriff Brian Kozak in contempt of court.
Kevin Lewis, of Lichter & Associates, also known as Lichter Immigration, filed the motion in Laramie County District Court. The motion originates from a July 31 ruling requiring Kozak and the sheriff’s office to provide records concerning the detention of Mario Valenzuela Robles.
The filing holds that since Kozak is the person responsible for the Sheriff’s Office, he statutorily holds responsibility for complying with records requests.
“We don’t know why they haven’t complied; this is just unacceptable.”
Kevin Lewis, Lichter & Associates investigator
The evidence is needed for Valenzuela Robles’ defense in two judicial proceedings in Colorado, which is why an emergency hearing was granted on a July 16 motion to show cause regarding the withholding of the evidence. The motion was granted, and Kozak and the sheriff’s office were required to provide the evidence requested by 5 p.m. Wednesday.
The contempt motion notes that the Wednesday date was requested by Kozak and his office, but no records were provided by the deadline.
In a Thursday interview with Lewis, he said, “We don’t know why they haven’t complied; this is just unacceptable.”
Valenzuela Robles is currently facing a briefing deadline in the U.S. District Court of Colorado. His attorney writes that this evidence is vital to his defense in federal court.
Lewis explained how the basic defense for many immigration cases is related to how the original stop was conducted, “so getting the information and evidence on how the stop was conducted is crucial to the case.”
The court filing states some responsive material has been provided, but it also describes how specific evidence, such as documents and emails, were not produced.
Lewis also said the bodycam footage provided “contradicts what was written in the report.”
The court filing asks for a sanction of $5,000 per day on Kozak until he complies with the order.
Additionally, plaintiffs ask Kozak to show cause concerning why he should not be held in contempt.
Pursuit of arrest records
The following describes the process Lewis went through attempting to receive the documents pertaining to Valenzuela Robles’ detention and arrest.
Mario Fabian Valenzuela Robles, a Mexican citizen, was pulled over for a traffic violation on April 23 before being detained by the sheriff’s office and taken to an ICE facility in Aurora, Colorado.
Valenzuela Robles, who is free on bond while his habeas case is pending, was stopped in his truck by a law enforcement officer because his taillights were “kind of dark” and his vehicle had “tinted windows,” a court filing states.
Lewis visited both the Laramie County Sheriff’s Office and Cheyenne Police Department multiple times between April 24 and May 27. At first, he was told there were no arrest or detention reports and that he would have to prove he was representing Valenzuela Robles to be granted the records requested.
His amended records request included letterhead from Lichter & Associates to indicate he was indeed representing Valenzuela Robles and was allowed to view the evidence requested. The sheriff’s office informed him they still did not have the report.
On May 21, Lewis again returned to the Cheyenne Police Department and was informed that the department was not involved in the arrest and detention of Valenzuela Robles. Lewis then went to the sheriff’s office and received a report documenting the encounter, detention and arrest of Valenzuela Robles.
In the report, it stated that Cheyenne police were involved, purporting they possessed all of the digital material and that an officer from the department was involved.
With this information, Lewis returned to the department and showed staff the document he had just received seemingly showing the city’s involvement. The records department staff member who viewed the report stated this report was a “complete fabrication.”
Kozak stated in a social media video after a lawsuit was filed against him June 30 that this was the result of a copy-and-paste error.
Lewis obtained the revised report, which includes a statement that body camera footage was recorded and stored by the sheriff’s office.
This all preceded the July 16 emergency hearing that determined Kozak and the Laramie County Sheriff’s Office must provide all relevant documents regarding Valenzuela Robles’ detention and arrest. The sheriff didn’t return a call for comment before publication time Thursday.
