DENVER — On Wednesday afternoon, a handful of women made the long trip to the State Capitol from the Southwestern part of Colorado to explain the chilling impact of a case where they were allegedly violated by a man who was expected to uphold the law.
“Even as an inmate, we have rights. We have constitutional rights," Suzanne Garcia told Denver7 before addressing lawmakers on the House Judiciary Committee. "I am here today to testify for a bill that's critical for our state.”
Garcia spoke in support of House Bill 26-1123, legislation modeled after her experience inside of the La Plata County Jail, where recordings of female inmates during strip searches were allegedly used for the sexual gratification of a leader within the detention facility. The proposal would prohibit the use of body-worn cameras during strip searches in certain situations, after the initial intake process.
The bill advanced out of committee on a 7-4 vote along party lines, following intense scrutiny from Colorado legislators on both sides of the aisle.
Lawmakers voiced concerns about the potential safety risks to those working within detention facilities and fellow inmates. In addition, some legislators said body-worn cameras can be useful to have in any interaction where a person is being investigated for a crime.
Regardless, the House Judiciary Committee decided to move the bill forward, with many saying they have faith that it will continue to be workshopped during the session — and do not want to wait another year to act.
In 2020, Garcia said she was arrested because of a restraining order, but the charges were dropped and she was released from the jail.
"I was strip searched, which seemed a little heavy-handed, but you know, that's their process, fine. I understand that, and I respect that the officers of the jail have an obligation to make sure their facility is safe," Garcia said. "In July of this year, I received word that I was a victim, and one of the people whose video of my strip search was viewed multiple times, multiple times... It's sickening. It makes you question everything. It makes me wonder, first of all, who else knew? Secondly, why? Why? Why did he do this?”
For a while, Garcia struggled to leave her home after learning about the allegations against former La Plata Jail Commander, Edward Aber, who was promoted to that position in 2018. Aber's arrest warrant details the investigation behind 117 counts of invasion of privacy - sexual gratification, a Class 1 misdemeanor. In addition, Aber faces a charge of first-degree official misconduct, another Class 1 misdemeanor.
"The victims in this case have filed a class action lawsuit, multimillion dollar class action lawsuit that is going to cut deep at the heart of La Plata County. We're a medium-sized county, and we'll find a way through it. But if something like this were to happen in some of our smaller counties, it would devastate their county budget," said Garcia. “It's not just about the aspect of the sexual predatory nature of this. It's also about protecting our counties and to make sure that this doesn't happen ever again.”
The Colorado Bureau of Investigation (CBI) charged Aber after the La Plata County Sheriff's Office reached out and asked for assistance with the investigation.
In 2019, Aber received administrative access to a website that stores footage from body-worn cameras, according to the arrest papers.
There were seven IP addresses found that had logged into the website that stored such footage under Aber's credentials. Only one belonged to the La Plata County Sheriff's Office, according to investigators.
In total, the arrest warrant asserts that Aber accessed and viewed strip search videos connected to 117 female inmates between Feb. 14, 2019 and Jan. 14, 2024. Many of those videos were accessed "multiple times," the document claims.
"He downloaded it to personal devices. He watched it at the jail. He watched it in different states. He even watched it at a hotel room here in Denver," Garcia said. "I am here to make sure that that never, ever happens again in this state.”
An audit of Aber's devices revealed "several female inmate strip search videos that were logged into multiple times on a variety of dates by Edward Aber's login," the affidavit writes.
According to the arrest warrant, the only time a strip search video would be reviewed at the facility is when "a suspect is uncooperative, force was used, or contraband was found."
The affidavit claims there is no "legitimate" or "authorized" purpose to regularly view strip search videos of inmates.
Garcia called the legislation an incredible place to start, and told Denver7 she felt compelled to share her voice and story.
"I've already put my name out there, and there might be repercussions for that. But I think this is so important that I'm willing to face whatever repercussions," Garcia said. "I'm willing to do that because there are a lot of women who are terrified, they're intimidated, they don't feel comfortable, they don't have the words, they don't think their experience is valid. For every single one of those women, I am willing to stand up and be that voice, and I hope I represent them well.”
Crime
Strip search recordings allegedly used for jail leader's sexual gratification
HB26-1123 would establish certain requirements around strip searches that occur in local detention facilities after the initial intake process. It would require two officers to determine and document their reasonable belief for a subsequent strip search after a person has been booked into a detention facility, while banning body-worn cameras during such searches if there is another kind of surveillance available.
"There needs to be a reasonable belief or suspicion as to why they need to have an additional strip search after they've been booked into the county jail," said State Representative Katie Stewart, D — District 59, who is sponsoring the bill. “Strip searches are done during initial intake, but after that, we're trying to address the gap in protections for individuals being held in jails through this documentation.”
Stewart represents the district that encompasses the La Plata County Jail, and she was shocked to learn about the allegations against Aber.
“This violation of trust — a person of authority — that should be protecting these people as they make their way through the judicial process, and then to exploit that in the way that he did, it is horrifying," Stewart said. “We have to put up these guardrails in order to do better.”
The legislation would mandate that detention facilities report to the state legislature and Attorney General on the number of strip searches performed.
In addition, any video recordings of strip searches could not be uploaded to a cloud-based electronic service, could not be viewed remotely, and would have to be stored in a secure location with restricted access. The recordings would only be copied or redistributed if a court order requires it.
There are whistleblower protections included in the bill, too. A local detention facility would be banned from retaliating against staff members who report information in good faith related to suspected, alleged, or witnessed sexual assault.
“There is some pushback from law enforcement, and I wouldn't say that they're opposed to these safety guardrails, but they're worried about the implications of the standards in county jails, and will this put more prisoners in our county jails and law enforcement at risk if these strip searches are reduced," Stewart explained.
Members of the Jefferson County and Weld County Sheriff's Offices testified before the committee on Wednesday, addressing some of those concerns. Specifically, the representatives from Jefferson County said they do not utilize body-worn cameras during strip searches, but want to ensure they can maintain the tools they need to keep the jail safe under this law.
One of the amendments made to HB26-1123 on Wednesday ensures that law enforcement officers will not be in violation of existing law surrounding body-worn cameras when they turn off the cameras during a strip search.
Stewart told lawmakers she will continue to collaborate with stakeholders on the legislation, and that she is committed to getting it right.
HB26-1123 heads to the Appropriations Committee next, where Stewart said they will work to decrease the current cost it would have on the state — a universal goal for lawmakers this year, as Colorado wrestles with a multimillion budget shortfall.
"I think we’re all nervous about any type of fiscal note that's over a penny, and actually even a penny," Stewart said with a smile. "My hope is, as we continue through the process, we'll get a bill that hopefully doesn't have a fiscal impact on the State of Colorado, but also something that is substantial and meaningful."
In the past, Denver7 reached out to the La Plata County Sheriff's Office for a statement about the case surrounding Aber, but was told it would be "inappropriate" to comment on pending litigation.
Currently, Aber has a motions hearing scheduled for May, with a jury trial anticipated in August.
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