Editor’s note: This is Denver Post reporter David Migoya’s account of how he identified and then reported his “Shrouded Justice” series examining suppressed court cases in Colorado.

Unlike many of the stories we do, this one did not begin with a tip from a source.

It was February 2017 and I was looking into an appeal filed by convicted murderer Aaron Thompson, but I could find no mention of the case — either his conviction or the appeal — on any of the public-record computers the state provides for courthouse searches.

That seemed odd since the case had drawn so much media attention. After a little bit of digging at the Colorado Court of Appeals, I learned it had been suppressed because of the nature of the case and the child victims involved.

I had never bumped into entire cases that were suppressed. Rather, it was common to find prosecutions and civil cases in which specific documents were suppressed from public view because of the sensitive information they contained: embarrassing details of an assault; personal financial details; illegally obtained confessions or evidence.

I began to take note of other reporters in the newsroom mentioning criminal prosecutions that were difficult to cover because the cases were suppressed. I wondered just how many of these cases existed. No one had cobbled it together.

I quickly learned why: You can’t know what you don’t know if there’s no easy way to know it.

Suppressed cases did not appear on any public-records database. Yet it seemed incomprehensible that someone charged with a crime would not appear on any public record — not their name nor the charges they faced.

I approached the Public Court Administrator’s office, the people who keep the computer records of all the court cases in Colorado, to see if there was any way to come up with a tally of the cases that were suppressed. Was there a code they used? Was there anything that might allow me to know how many there were?

There was: A single abbreviation, “suppr,” was used to connote the case was restricted from public access.

I asked the state to make a count of any case where the code appeared at any time over the past five years. It took them two weeks, but eventually we obtained the following table:

The Denver Post

I was floored.

What came next was a very long learning curve of how cases are suppressed, why they were suppressed, where that happens and how frequently. But ultimately the reasons behind the judges’ suppression orders remain hidden from view until a case is unsuppressed. The thousands that remain suppressed include the orders that sealed them.

Through dozens of requests for additional data – we are not allowed to access the state’s raw data for the court system, so we’re guessing about our problem-solving solutions – we were able to land the hardest and most damning detail of all: More than five dozen criminal felony cases remain suppressed even though the defendants have been tried, convicted and sentenced, some to lengthy prison terms.

Ultimately the investigation allowed us to conclude that someone could be arrested, charged, convicted and sentenced for a crime in Colorado without anyone outside of law enforcement ever knowing who, how, why or whether the process was fair.

Thanks @DavidMigoya for answering reader questions and thanks everyone who participated! We hope to do more of thes… twitter.com/i/web/status/1…I'll make it super easy for you to subscribe to @denverpost . Here's the link: bit.ly/2LboVBn (Each subscri… twitter.com/i/web/status/1…I'll make it super easy for you to subscribe to @denverpost . Here's the link: bit.ly/2LboVBn (Each subscription gets you full access to the website.) #DPJusticeAMA Signing off.

You can email me additional comments or questions: dmigoya@denverpost .com

cya.

#DPJusticeAMA Thanks everyone for the kind notes and the questions. Hopefully you have a little better insight into this important story. Keep reading, please, and SUBSCRIBE to ensure you don't miss any of them! More to come! #DPJusticeAMA In the end, there was nothing exceedingly unique about how we landed this story. They are techniques and approaches that every journalist already has in their toolbox. It's simply a matter of allowing your curiosity to take over. What we do is important. #DPJusticeAMA >>what things did you check that ended up not making the story?>>



We checked if some judges were issuing suppression orders more prevalently than others. There was no obvious pattern. Also, were certain types of cases more likely suppressed? No. #DPJusticeAMA It's important to know that most journalists in town knew suppressed cases existed. What we did not know was the extent to which the process was used and just how many there were. As I said, can't know what you can't see. #DPJusticeAMA >>Hopefully someone sends that judge a copy of the Freedom of Information Act...<<

More accurately the Criminal Justice Records Act. But judges rule their own roost. AND the state supreme court recently ruled there is no presumed blanket access to court records. #DPJusticeAMA >>what was the biggest challenge you had to solve to do this story?<<



I'd say the daunting task of trying to learn about something you're not supposed to know about or to even access. Basically I didn't know what I wasn't supposed to know. Think outside the box. #DPJusticeAMA >>are there more stories to come?<<



Yes there are. As I type I am at a courthouse researching records on several suppressed cases and, quite frankly, what I am finding is very disconcerting and very startling. #DPJusticeAMA We learned of a suppressed case in the courthouse by wandering the halls and looking at those dockets. When I saw a name missing, I hung around. It was a murder suspect pleading guilty to conspiracy to commit first-degree murder. No name until the judge spoke it. #DPJusticeAMA Also of concern was that the names of any defendant in a suppressed case did not appear anywhere on the public courtroom dockets, the daily schedules posted outside the courtrooms, even though there was a hearing that day. #DPJusticeAMA Funniest note from a fellow journalist who was aware, as many of us are, that cases get suppressed, and how when he tried to look it up at the courthouse, "it just got disappeared." There was no trace of what he definitely knew existed. #DPJusticeAMA >>There is a statute that governs this issue: C.R.S. 24-72-702.<<



Important, too, is how we found that many law enforcement and judicial employees were treating suppressed the same as sealed, which they very much are not. #DPJusticeAMA >>There is a statute that governs this issue: C.R.S. 24-72-702<<

I should note only Supreme Court directive 05-01 deals with this issue, and it's simply one paragraph w/o delineation of process.One of the most surprising elements of the story wasn't so much that the cases were being suppressed....but that no trace of any suppressed case appeared anywhere in the public databases. That was frightening to me. #DPJusticeAMA >>what was the most suprising detail>>> That so many prosecutors across the state had no idea of what I was talking about. I expected this to have been a uniformly applied procedure, but learned it was not and more prevalent in some jurisdictions than others. #DPJusticeAMA#DPJusticeAMA



>>There is a statute that governs this issue: C.R.S. 24-72-702.<

Actually not. That statute deals with sealing a record, not suppressing it from the public. #DPJusticeAMA Interesting. So can you share some of the flimsiest or most surprising reasons given in a motion to suppress?<<<



I should also note that while I understand some of the reasonings, such as witness protection, the electronic systems of court records today allows to do one document>>Interesting. So can you share some of the flimsiest or most surprising reasons given in a motion to suppress?<<



Or the visiting judge who simply was concerned about any "information getting out.">>Interesting. So can you share some of the flimsiest or most surprising reasons given in a motion to suppress?<

Likely the one where prosecutors were concerned about any media coverage, to which the DA today admits was a bad idea and one that hadn't been shared with him.>>what was the most suprising detail>>>

That so many prosecutors across the state had no idea of what I was talking about. I expected this to have been a uniformly applied procedure, but learned it was not and more prevalent in some jurisdictions than others. #DPJusticeAMA That so many prosecutors across the state had no idea of what I was talking about. I expected this to have been a uniformly applied procedure, but learned it was not and more prevalent in some jurisdictions than others. #DPJusticeAMA Brilliant reporting. Thank you for your sunshine and transparency. The Colorado justice system is sadly in poor shape. #FAIL



Question: If one of these citizens currently in prison whose case is suppressed filed for habeas corpus-would the habeas filing be suppressed also? #DPJusticeAMAGreat question.

It's very likely, yes, but entirely dependent on the judge.

There were a number of cases we saw where judges brought witnesses in for not appearing, and those cases are also suppressed. #DPJusticeAMA How long did you spend working on this story, Dave? Can you explain some of the aspects of this investigative story that take more time than the average story?<<



several issues that required very delicate reporting to ensure accuracy, including a few starts/stops along the way@DavidMigoya Aside from the sheer number of cases (and felony cases), what was the most surprising detail to you when you discovered it during your reporting? #DPjusticeAMA>>How long did you spend working on this story, Dave? Can you explain some of the aspects of this investigative story that take more time than the average story?<<



About 9 mos.@ehernandez #DPJusticeAMA it was pretty much 9mos of actively working it. These types of stories are very delicate and very very easy to make mistakes. We had several starts/stops on stories that we thought were accurate, only to double-check and find not.How long did you spend working on this story, Dave? Can you explain some of the aspects of this investigative story that take more time than the average story? #DPJusticeAMA How long did it take you to compile all the data for this story?The salvation of the State is the watchfulness of...journalists.



Public attention is focused on the functioning, activities and records of the General Assembly, Office of the Governor and State Agencies.



It is important that the Colorado Judicial Branch be transparent and accountable to the citizens of Colorado.



Good reporting David Migoya and the Denver Post.The data came in bits and pieces, actually. We never really had access to anything since all the cases were suppressed and did not appear on the public databases. But by asking questions at each juncture, we were eventually able to narrow it down and have usable numbers. 9 mosAt the moment the work falls to either the state's Chief Justice Coats, or to the Colorado legislature. The issue is there are no real parameters to how/when a judge can suppress case. #DPJusticeAMA #DPJusticeAMA David, This is unbelievable. What do you expect to be done? Has the AG or the Governor commented. This is not unlike the Guardian's expose of Homen Square in Chicago. #tyranny@DavidMigoya What is something you wish you could have shared with the @denverpost audience about this story but didn't have room for? #DPJusticeAMA #journalism Terrific question. We had several additional examples of criminal cases that eerily enough were kept under wraps and when convictions finally occurred, the DA offices would, at their discretion, decide when/if to let anyone know. #DPJusticeAMA >>Have you had any feedback for changes from the AG or the Governor?<<



I should add we did have a story in Tuesday's paper outlining the very detailed changes being made in the 18th Judicial District, which has the largest number of criminal cases under suppression #DPJusticeAMA Hey Denver, aspiring journos, people generally curious about the journalistic process: Seasoned vet @DavidMigoya is… twitter.com/i/web/status/1…#DPJusticeAMA btwBrilliant investigative reporting. This is quite frankly scary. Have you had any feedback for changes from the AG or the Governor?>Have you had any feedback for changes from the AG or the Governor?<



Not as yet, no. Though the attorney general does do some statewide grand-jury cases and some prosecutions, the prevalence of what we found was in the district attorney offices.

Nothing yet from our governor.Join the conversation by using #DPJusticeAMA Much of what we do as journalists is based on tips or breaking-news events. Sometimes, though, we get to pursue our own curiosity and that's the most fun. #dpjusticeama Send @DavidMigoya your questions today at 11am for an AMA (ask me anything) about the Post's investigation into Colorado's shrouded justice system. Use the hashtag #DPjusticeAMA dpo.st/2Ntkaj6Just logging in for our #AMA about the Shrouded Justice stories. I'll be happy to try and answer pertinent questions. #dpjusticeama The @DenverPost politics desk lost a lot of talent the last few weeks, big-name departures that will be tough to re… twitter.com/i/web/status/1…