District Court, City and County of Denver, Colorado FILED INDENVER COUNTY COURT 520 W. Colfax Avenue Denver, Colorado 80204 JAN 5 200) 720.337.0410 . y of the court Plaintiff: The People of the State of Colorado Y COURT USE ONLY ¥ Defendant: Andrew Collins Craig Silverman, # 11224 SILVERMAN & OLIVAS, P.C. ‘Case Number: 18M08989 1127 Auraria Parkway, Suite 204B Denver, Colorado 80204-1899 Courtroom: 3A Phone Number: 303.595.0529 Fax Number: 303.893.3389 E-Mail:_silverman@silvermanolivas.com MOTION TO DISMISS BASED ON OUTRAGEOUS GOVERNMENTAL MISCONDUCT The defense respectfully moves to dismiss based on outrageous governmental misconduct. As grounds therefore, the following is asserted: 4. Itis not a crime to be naked in Denver, even if you are a man. 2. Itis certainly not a crime to be naked in Denver in one’s lawful dwelling, which includes lawful occupancy of one’s own hotel room. 3. Captain Andrew Collins, a veteran pilot in his third decade of flying for United Airlines (UAL), is a married father of three grown sons who serve with honor in the United States Air Force. 4. Captain Collins has never been in trouble with the law. 5. The Denver DA’s Office is harshly pursuing a charge of Indecent Exposure, an allegation which has caused Captain Collins to be suspended from flying, and a conviction for which a defendant may be sentenced to two years in jail, and must, register as a sex offender and be listed on sex offender registries. 6. On September 18, 2018, Captain Collins had departed on a four-day trip piloting a United Airlines 737, with Day One ending in a layover in Boston, and a Day ‘Two schedule in which Captain Collins was to fly himself, hundreds of passengers, and crew from Boston to Newark to Denver to Cedar Rapids, lowa,7. Approaching the Denver area on September 19, 2018, there were thunderstorms ‘over Denver International Airport (DIA) forcing Captain Collins and his UAL jet to divert to Colorado Springs. 8. Captain Collins eventually travelled on September 19, 2018 to DIA and was assigned by UAL to layover in Denver at the DIA Westin, and then fly to Cedar Rapids on the early afternoon of September 20, 2018. 9. On the evening of September 19, 2018, Captain Collins was assigned DIA Westin Room 1017. 10.Room 1017 faces north toward the DIA south terminal concourse which is approximately 100 yards away. 11.Captain Collins woke up mid-morning on September 20, 2018 and partially opened the curtains which allowed him to let in the morning sunlight, observe the iconic tent awning roof at DIA and a spectacular view of the northem Front Range, over the amazing view of DIA’s west runways. 12,Room 1017's window appeared to have a tinted composition and resembled other high-quality large city hotel windows that prevent viewing inside the hotel window from the outside. 13. From Room 1017, at late moming on September 20, 2018, people inside the concourse are not visible because the concourse windows are tinted green and are opaque and reflective. 14. Captain Collins was going to shower in his Room 1017 but decided first to engage in phone conversations with fellow UAL pilots about an imminent pilot union election in which Captain Collins was participating as a top candidate. 15.Captain Collins had animated and absorbing phone conversations on his small hands-free blue tooth device while walking naked around his sun-drenched Room 1017 on the late morning of September 20, 2018 16. Captain Collins was unaware of anybody observing him as he paced and conversed on his phone in what he thought was the privacy of his hotel room. 17.Around 11 a.m. on September 20, 2018, UAL Captain Collins heard loud knocking on his door and an announcement that the Denver Police were there, with DPD Officer K. Coleman loudly commanding, "We are coming in with or without your permission, so open the door!”18.Hearing that, Captain Collins, wearing his reading glasses, and dressed in pants and no shirt, opened the door and was immediately confronted by Denver Police officers, who aggressively handcuffed and arrested him, 19.No probable cause warrant was obtained or produced authorizing entry into Captain Collins’ hotel room. 20.No probable cause warrant was obtained or produced authorizing a search of Captain Collins’ hotel room. 21.No Miranda advisement was given to Captain Collins. 22. Denver Police peppered Captain Collins with substantive questions as he stood handcuffed and topless in his hotel bedroom. 23.When Captain Collins asked Officer K. Coleman why he was being arrested, Coleman said he was being arrested for lewd acts and indecent exposure, and wrongly claimed there were incriminating photographs. 24.Somehow, in the imprecise process of transmitted hearsay communications, the Denver Police officers who responded to Room 1017 were apparently under the mistaken belief or assumption that somebody purportedly saw masturbation. 25. Upon entering Room 1017, while Officer Coleman immediately arrested Captain Collins, DPD Sgt. Pfannkuch went to the hotel room window and gesticulated so that some other person in the concourse could apparently confirm identification of the hotel room which was the subject of law enforcement's inquiry, thus identifying this defendant and his dwelling. 26. About eight minutes after her unlawful entry into Captain Collins’ Room 1017, DPD Sst. Pfannkuch received clarification over police communications that no masturbation or lewd acts had been observed, but apparently because Captain Collins had already been arrested and led out of Room 1017 by the dominant, agitated and aggressive Officer Coleman, she declined to intervene in the wrongful arrest based on what she now knew was miscommunicated accusation, 27. Footage from DPD Sgt. Pfannkuch' body cam video demonstrates conclusively that the view from Room 1017 of the concourse windows was opaque and reflective, thus demonstrating the impossibility of Captain Collins interacting with any persons in the DIA concourse far away and below his tenth-floor hotel room, 28.The only complaining witness, TSA Agent Robert Alirez, expressed consternation toward DPD's desire he be the complaining witness, aftor it was explained as recounted below in the supplemental report of DPD Detective Jiminez, which was provided to the defense as part of discovery: