District attorney: surge in video and audio evidence driving staffing and budget strain
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Summary
District Attorney Heidi McCollum told commissioners that a sharp rise in digital evidence per case — body-worn camera, other audio and video — is creating an unsustainable workload for prosecutors and investigators and is a primary reason the DA's office is seeking more staff and technology funds.
District Attorney Heidi McCollum warned Clear Creek County commissioners on Nov. 4 that the district attorney's office faces an operational strain driven not by a sudden jump in cases but by a large increase in the quantity of digital evidence attached to each prosecution. The office's sample review shows audio and video evidence per misdemeanor case rising from roughly 37 minutes in 2022 to about three-and-a-half hours in 2024; sampled felony cases rose from roughly one hour to about eight hours.
22Body-worn camera and other digital evidence does one thing and one thing only: it protects people who exhibit good behavior, period,22 McCollum said, stressing the evidentiary value while adding that the new volume creates a time burden for already-busy prosecutors. Wendy Rolle, the DA's financial manager, joined McCollum in the work session and said the office must also invest in modern evidence-management tools.
McCollum described the mechanics: the office must provide defendants with all material in the possession of law enforcement. She said that requirement, combined with multiple law-enforcement agencies submitting large video and audio files, produces a substantial workload to catalogue, review and disclose discovery.
22My office is obligated to give to a defendant everything that is in the possession of law enforcement, whether or not I know it is in the possession or not,22 McCollum said.
The DA presented two near-term needs: additional deputy district attorneys to manage felony and appellate work, and an upgraded evidence-management subscription (Axon/evidence platform) to streamline review and disclosure. McCollum said several of the office's attorneys are at the limit of reasonable workloads and that appellate work has been growing as well. She described the appellate docket as much heavier than in prior years, and said specialized investigation work (construction fraud, organized retail theft, complex financial/cybercrime) also consumes investigator time.
McCollum and Rolle provided a sampling-based estimate of the staff time required to review digital evidence and said the office is forming an internal discovery task force and revising discovery protocols. They said upgraded software and additional attorneys would not eliminate the obligations but would reduce the risk of discovery sanctions and help the office meet statutory deadlines.
The presentation did not include a voting item. Commissioners asked clarifying questions about software costs, staffing vacancies, housing assistance for staff, and the distinction between one-time capital and ongoing operating funding; staff said more detailed cost information and options would be supplied in subsequent budget working sessions.