Prosecutor aided Nuggets' Kenyon Martin after pair of 100 mph tickets

By Daniel J. Chacon, Rocky Mountain News (Contact)

Tuesday, March 11, 2008

Photo by Dennis Schroeder © The Rocky/2006

Denver Nuggets starting forward Kenyon Martin.

Denver Nuggets starting forward Kenyon Martin received favorable plea bargains in two traffic cases from a prosecutor in the Denver city attorney's office, according to city documents and the prosecution section director.

In the first case, Russell Stone renegotiated a plea that had been agreed upon months before so the professional basketball player wouldn't lose his driver's license.

In the second, Stone offered Martin, 30, a more lenient plea than a different prosecutor who had been assigned the case, so Martin could again keep his license.

"I don't know why he did," said Vince DiCroce, director of the city attorney's prosecution section.

"All I can say is that the plea bargains that (Martin) received were outside of our normal guidelines. At a minimum . . . there's an appearance that (Martin) did receive preferential treatment."

Stone was suspended for three days without pay - a decision he appealed but lost.

He declined to comment Monday.

"There's a strict policy in my office that us underlings are not allowed to make any comment to the press," said Stone, who has worked for the city since 1998 and makes $70,812 a year.

Eric Sebastian, a spokesman for the Nuggets, said neither the team nor Martin would comment.

"Kenyon's getting ready for a game here," he said Monday from San Antonio.

According to city documents:

The first plea bargain stems from a ticket that Martin received in January 2006 for driving 101 mph in a 30 mph zone on East First Avenue in Cherry Creek.

The speeding and other charges carried up to 20 points, enough to cost Martin his driver's license.

In June 2006, Stone agreed to dismiss all charges if Martin pleaded to a six-point speeding violation and a three-point moving violation.

The plea was based on the belief that Martin already had two points on his license from a previous traffic offense.

The intent of the plea was to allow Martin to maintain his driving privileges, which is consistent with the city's attorney's philosophy, documents state.

But in September, Martin's attorney, Jonathan Rosen, learned that Martin was going to lose his license anyway because he failed to take into account another violation carrying four points.

Rosen shared his mistake with Stone, who agreed to renegotiate the plea to preserve the intent of the original agreement.

The same month, unbeknownst to Stone, police ticketed Martin for driving 103 mph in a 55 mph zone on Interstate 25.

The case was assigned to prosecutor Janice Tonz.

Cases are assigned to courtrooms based on the officer who issued the ticket.

Rosen told a Career Service hearing officer that Tonz offered a plea that carried eight points, but Rosen rejected it because Martin would lose his license.

While the matter was awaiting trial, Rosen told Stone he was unhappy with Tonz's plea offer.

Stone told Rosen he could offer a plea with six points and no recommendation of jail "if it were in his courtroom," records state.

Rosen and his colleague, high-powered attorney Daniel Recht, whose firm represents other Nuggets players, requested a transfer of the ticket to the courtroom where Stone was assigned.

The courtroom clerk approved the transfer, and a judge accepted Stone's plea offer.

Recht said his firm "ethically, competently and aggressively represented" Martin.

"We were just zealously representing our client, which is what we have an ethical obligation to do," he said.

chacond@RockyMountainNews.com or 303-954-5099

• March 11, 2008

  6:04 a.m.

  Suggest removal

  newsguy writes:

  Isn't this the same story reported in January by Channel 7?

  http://www.thedenverchannel.com/news/...

• March 11, 2008

  7:28 a.m.

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  cathaoir writes:

  No charges were filed against punk thug Martin when he waived around a pistol in a Denver bar, what did you think would happen to a speeding ticket?

• March 11, 2008

  7:54 a.m.

  Suggest removal

  vudumom writes:

  Russel Stone should be fired immediately.Oh,wait a minute ,he probably has stories to tell.
  I think it's time to clean house in the Denver D.A.'s office.Nothing is getting done when it comes to real crime and they seem to be plea bargaining and giving favorable treatment to certain people,like celebraties and illegals.

• March 11, 2008

  8:11 a.m.

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  BMat writes:

  Are you serious? Rich athletes get preferential treatment in our justice system? You mean they don't have to work under the same rules as us common folk?

  Well this is news indeed!

• March 11, 2008

  8:22 a.m.

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  kris writes:

  Speeds over 100mph....Thank God he didn't kill anyone.
  Would he lose his license then????

• March 11, 2008

  8:33 a.m.

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  gwats writes:

  Seems no one told our resident thug Martin that driving is a privilege and that you can LOSE that privilege by abusing it.

• March 11, 2008

  8:34 a.m.

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  American100 writes:

  A good friend's Mother worked for the City & County of Denver. She was never a great driver but worked for a Judge and when she would get ticket's, according to my friend, they would "get fixed" or "go away".

  Several accidents and a couple of innocent injured people, surprise, she was killed in a car accident after she rear ended someone doing highway speeds on C470.

  I think the family is considering filing a complaint against the city & the judge.

• March 11, 2008

  8:53 a.m.

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  reddog writes:

  Theres laws for the rich and famous and laws for the rest of us. Get this thug out of Denver, maybe then we could actually play some basketball instead of baby sitting this idiot.

• March 11, 2008

  9:01 a.m.

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  The_Punnisher writes:

  Hmm, is this Stone related to the same Stone of Columbine infamy?

  The inability to do the job we TAXPAYERS pay for looks similar...

  As is the special treatment and double standard...

• March 11, 2008

  9:28 a.m.

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  ObiWan writes:

  Quote: I think it's time to clean house in the Denver D.A.'s office.Nothing is getting done when it comes to real crime and they seem to be plea bargaining and giving favorable treatment to certain people,like celebraties and illegals. End Quote

  This is a traffic case, usually handled by the city, and the city attorney's office. So in all liklihood, this never crossed the desk of a single person in Mitch Morissey's office.

• March 11, 2008

  9:43 a.m.

  Suggest removal

  1104 writes:

  7News did break this story in January, but the Rocky is partnered with KCNC, while the Post is in bed with 9News. Rarely does either paper give proper credit unless the story comes from their local TV buddies...

• March 11, 2008

  9:50 a.m.

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  RickyLee writes:

  Another millionaire spoiled baby getting away with things the average Joe would be in big trouble for. Big suprise there.

• March 11, 2008

  9:54 a.m.

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  airbornebigfoot writes:

  one hundred and one miles an hour in a 30 mph zone?
  are you kidding me?
  why wasnt his car confiscated, and this IDIOT
  immediately incarcerated? every law enforcement official from the ticket writing officer to the worthless deputy D.A. should be prosecuted for misconduct.
  His obviously expensive vehicle should have been sold at auction and the proceeds used to buy warning signs for the unsuspecting cherry creek shoppers.

  Well, I guess its another case of "Just Us"
  because it sure isnt justice.

• March 11, 2008

  9:54 a.m.

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  Marty writes:

  So, just to make sure I understand. 100 mph in a 30 mph zone and the court system will bend over backwards for Kenyon Martin, most likely because he is, by most accounts, an average professional basketball player... but according to the top story this morning he was looking at at least a $1000 fine had he colored his poodle's curls pink. I just want to make sure both of these stories were in the same paper.

• March 11, 2008

  10:01 a.m.

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  Shaupeen writes:

  He's only a Nugget, and not even a consistent starter. I'm surprised he wasn't given a small fine. Now if he started for our beloved Broncos, then he could kill someone and not have to worry about any consequences. And that's the way it should be! Our Broncos are above the law!!! Go Broncos!!

  (Then again, if two more Bronco players get arrested, then they will HAVE to move the team to Oakland)

• March 11, 2008

  10:20 a.m.

  01kayak10 writes:

  (This comment was removed by the site staff.)

• March 11, 2008

  10:22 a.m.

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  forwhatitis writes:

  If Martin kills someone in an auto accident in this state, Stone should be tried as an accessory and sent to the big house.

• March 11, 2008

  10:24 a.m.

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  forwhatitis writes:

  Somebody with some pull should check to see what kind of seats Stone had for Nuggets games following the disposition of these citations. I'd be willing to bet they were pretty good.

• March 11, 2008

  10:27 a.m.

  01kayak10 writes:

  (This comment was removed by the site staff.)

• March 11, 2008

  10:42 a.m.

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  Finding_Forever writes:

  Ok, so when this jackass kills someone because he was going 101mph, what are they going to do then?

• March 11, 2008

  10:59 a.m.

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  buffsblg writes:

  vudomon

  While I concur with outrage about special deals for athletes (you should see what Broncos get away with in Arapahoe County) this case has nothing to do with Morrissey. He is the District Attorney and his office prosecutes violations of state law. Violations of municipal law (usually only minor crimes or violations), as here are handled by the Denver City attorney's office, a completely separate agency. Morrissey's office had nothing to do with this.

  I would also point out that the city attorney also did not like the deals and suspended the attorney. While you might feel the punishment is insufficient, it is not like the City Attorney ignored it.

• March 11, 2008

  11:10 a.m.

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  misslevy writes:

  Everybody needs to get off their high horses and find something to do. IT IS A FACT that the higher your salery is, the more perks you get including traffic deferments. He is no different than a CEO business executive or as cataior put it CEO "punk thug" who goes around town getting his way. Truth be told if some of you would be completely honest with yourself and you were faced with the same deal you would have taken it!! Instead of bashing him let's bash the DA who offered the deal AND the judge who accepted it. These athletes and business thugs will continue to get their perks as long as the little people continue to OFFER and GIVE it to them!

• March 11, 2008

  11:18 a.m.

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  kmeissner writes:

  nospmisjo are you an idiot? How did Kenyon Martin get Darrent Williams killed? I'm sorry to say it but it was DW who got himself killed.

  Shaupeen you are also a moron. ANY celebrity gets preferrantial treatment. Not just the Broncos.

• March 11, 2008

  11:18 a.m.

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  rickg19611 writes:

  There is a trend here with corruption. First, a leftwing corrupt DA (now turned governor) who allows illegal aliens to plea bargain down to "agricultural trespass" so they won't get deported, judges in Boulder cooking up special deals with their leftwing buddies to allow them to steal property, and now another leftwinger DA decides to treat NBA players like they are exempt from the law.

• March 11, 2008

  11:32 a.m.

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  misslevy writes:

  Finding_Forever you asked what are they going to do to him IF he drives 100+ and kills someone? I will tell you they are going throw the book at him and make a good example out of him, first of all for making them look like idiots for letting him get away with the FIRST time!! I promise you he wont walk but instead be carried out in a pine box from prison!! I will bet anyone who thinks otherwise!!

• March 11, 2008

  11:33 a.m.

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  Shaupeen writes:

  You sound pretty jealous kmeissner. What's the matter, not getting any perks yourself? Of course celebrities get "preferrantial" treatment (I think you mean preferential, but I could be wrong--after all, you are the smart one, and I am just a moron), but the Broncos have taken it to a new level of art form! Witness their own "lie detector test." Hmmmm. That alone has sprung a few athletes wearing orange and blue--and wouldn't you know it, they were all starters. Yeah, the Broncos rule this town as far as "looking the other way" goes.

  For someone who is so quick to call others a moron or an idiot, you ought to use a dictionary, so the same can't be said about you. It will also help in your quest for your GED. Good luck with that.

• March 11, 2008

  11:41 a.m.

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  misslevy writes:

  I disagree Shaupeen. In the line of work I am in trust me, the Broncos are not the only ATHLETES in Denver doing dirt and getting preferential treatment. The Bronocos are by far the only one whose perks get leaked, followed by the Nuggets. The rest of the athletes in my opinion have more loyal people surrounding them. THAT IS THE ONLY DIFFERENCE.

• March 11, 2008

  11:41 a.m.

  Suggest removal

  kmeissner writes:

  Travis henry also took a hair test to prove he hadn't smoked weed. Is that what you're talking about? The other players who took lie detector test aren't on the team anymore, are they, smart guy?

  Oh my I spelled one word wrong and that means I need to get my GED? You talk big online but i'll bet you wouldn't say that in person

• March 11, 2008

  11:45 a.m.

  Suggest removal

  kmeissner writes:

  Also, why am I sounding jealous? You are the one who wants to run him out of town because he didn't get his drivers license revoked.

  Like I said before, all celebrities get the "look the other way" treatment. Learn to read the statement before spouting off at the mouth.

• March 11, 2008

  12:08 p.m.

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  JB writes:

  Hi all-
  I know this is an important topic for everyone, but I just ran across this story buried in the World section from Friday. It's so tragic and scary. It's a human life for God sake. This kid could be killed. I don't understand why the article is so buried. I just think more people should be aware.

  http://www.rockymountainnews.com/news...

• March 11, 2008

  12:14 p.m.

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  misslevy writes:

  Very Sad and I hope it works out for the guy. I noticed that article had a comment section, I am a little confused on why the need to post on this one?

• March 11, 2008

  12:17 p.m.

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  Shaupeen writes:

  Now you really sound upset kmeissner. Why don't you take a "time out" and relax a bit. First you start by name calling, then you progress quite rapidly to challenging people to fight in person. This is a discussion blog. You can prove your manliness (or, more specifically, address your doubt about your manliness) by challenging strangers to fight in another blog, or maybe in LoDo sometime after 2 am on a weekend. But the fact that you call other people morons and idiots and yet you misspell words in the same post is pretty funny. Thanks for the laugh.

  And just for argument's sake, why would the fact that the other Bronco players who took said test are no longer on the team make or break your argument? That is an inconsequential point (oh, I'm sorry, that's a big word, um, that point doesn't matter) So what point are you (badly) trying to make?

  And I never said he should be run out of town. Boy, you sure get a lot wrong.

  Perhaps it is you who should learn to read the statement before spouting off? Looks that way.

  We're not laughing at you. Well, never mind. Yes we are.

• March 11, 2008

  12:34 p.m.

  Suggest removal

  MollysDad writes:

  kmeissner & Shaupeen,

  Both off you really need to simmer down. Name calling and threats are ridiculous. Why is it there's always one or two tools on here that think to get a point across they have to become offensive? Both of you need to get a clue or get out of here. You're ruining it for the rest of us who simply want to discuss a topic.

• March 11, 2008

  12:39 p.m.

  Suggest removal

  yibyfcc writes:

  Hey-Kmeissner stop crying.... Martin got a great deal becouse he is a super star like it or not. You would have taken that deal and so would any body else. Get off the "soap-box" pal! Everyone is laughing at YOU including your "thug-punk" HERO-Mr.Martin, the millionaire-LOL!!! Good for you Kenyon

• March 11, 2008

  12:40 p.m.

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  whitelikeyou writes:

  yeah, run these thugs out of town, and after that's done we'll start on the Mexicans

  wait, I guess I really don't know anything about KMart's personal life...does he really hang around with gang bangers?

  it doesn't really matter, he's black and covered with tattoos, so I know he's a bad person

  like you all, I've never seen an upstanding white person drive recklessly or continue driving even after multiple DUIs, etc.

  I hate everyone with more money than me, but black athletes have to be the worst!!

• March 11, 2008

  1:14 p.m.

  Suggest removal

  BMat writes:

  This is a rip-off Nuggets fan !!!

  This punk only plays limited minutes and rarely if ever practices with the team. This is so he doesn't re-injure the widdow boo-boo on his knee.

  But driving thru Cherry Creek in excess of 100MPH doesn't carry the same risk of injury? More likely, he's just too lazy to practice.

  If involutary twitches and stuttering were points and assists this guy would be an all star every year.

  K-Mart is a punk who can't help this team get out of the first round of the playoffs or he would have done it already.

• March 11, 2008

  1:46 p.m.

  Suggest removal

  FlyfishDude52 writes:

  kmart, a member of "the tatooed millionaires club," should be released by the Nuggets TODAY! Endangering Denverites by driving like an idiot!!! Remember last year when he walked off the court & refused to play? George should have sent him packing immediately! At that point it probably would have cost them nothing.

  And yes, the Denver DA's office should be brought up on charges over this, and who knows how many other, travesties.

• March 11, 2008

  2:16 p.m.

  Suggest removal

  MarineGrunt writes:

  whitelikeyou... Well said! Keep up the self pity party!!! It wears you well...

• March 11, 2008

  2:40 p.m.

  Suggest removal

  Squatch writes:

  Rich people get special treament, this one just happens to be an athlete. Get over it and complain about the rich not athletes.

• March 11, 2008

  3:18 p.m.

  Suggest removal

  Shaupeen writes:

  Hey Molysdad, I resent being lumped into the same category as that "tool." I didn't threaten anyone--I just responded to a threat against me.

  And let's take just a moment to enjoy the juicy hypocrisy:

  Mollysdad wrote:
  "Name calling and threats are ridiculous. Why is it there's always one or two tools on here..."

  If name calling is ridiculous, then why do you do that exact thing in your next sentence?

• March 11, 2008

  3:40 p.m.

  Suggest removal

  Lewlew writes:

  I'M WONDERING IS HE A PUNK AND THUG JUST BECAUSE HE'S BLACK AND A PROFESSIONAL BALL PLAYER? I'M JUST ASKING....

• March 11, 2008

  3:43 p.m.

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  kmeissner writes:

  The point is that he shouldn't get special treatment just because he's an athlete. He should lose his license. That's the point I've been trying to make.

  Shaupeen no one is trying to threaten you. It's just pointless that you talk trash on a blog, although I'm guilty of it too.

  You have your opinions and i have mine. I'll leave it at that.

• March 11, 2008

  5 p.m.

  Suggest removal

  roger44 writes:

  Is this affirmative action at work?

• March 11, 2008

  6:30 p.m.

  Suggest removal

  Broncos4Life writes:

  How many points will they negotiate if he kills someone?

• March 11, 2008

  9:47 p.m.

  Suggest removal

  Shaupeen writes:

  The funny part is I agree with every point you make in your last entry. I was just trying to make my point in a different way.

  So, should we sing kumbaya or something?

• March 11, 2008

  10:19 p.m.

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  cmgreenw writes:

  So the moral of the story appears to be this. Anyone can go negotiate with a DA and get their speeding ticket reduced - even if they have more than one 100 mph speeding ticket. Do a story on the DA's guidelines - are they subject to FOIA? Educate the public they can take up a bunch of DA time to fight any traffic ticket. Teach us the loopholes. Then we can weigh the risks and speed if we want to take them. Probaby want to remind us of the liability that exists if we were to kill or hurt someone. If I get a 100 mph ticket I will fight the city until they agree to give me the same deal as Kenyon - isn't that the precedence being set here? Oh by the way I have received a 100 mph ticket before in Nebraska. $225 fine, no points, and didn't affect my insurance because it was out of state. At least Kenyon was not drinking, although he probably was using a car with a clutch which can't be good on his surgically repaired knee.

• March 11, 2008

  10:21 p.m.

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  The_Punnisher writes:

  Time for a group hug, everyone!

  Not you, Mr. Stone..

• March 12, 2008

  11:01 a.m.

  Suggest removal

  whitelikeyou writes:

  you all will be much healthier and happier if you just admit to yourselves that you are racist and bitter about your lack of accomplishments in life

  then you can move on to worrying about your own problems

  it worked for me, I love KMart, AI, Melo, Marcus...JR I'm still waiting on to grow up a bit

  need more proof? let's see, all you know about the man is that he's black, he has tattoos, he has a reputation of being tough on the court, he's missed significant time because of serious injury (you think his ego is okay with him sitting on the bench? that he doesn't care about being seen as weak??), he's gotten two speeding tickets in the past two years (no DUIs even though both were after midnight, and apparently no altercations with authorities)

  essentially you know nothing about his personal life, so if you call him a punk and a thug, you are small-minded, reactionary racist