The former top prosecutor in the high-profile murder case against a southwest Colorado man was fired from his previous position in Colorado Springs because the incoming district attorney believed he could not “competently perform” his duties, according to legal documents.

But Jeff Lindsey — until earlier this month the lead prosecutor in the Chaffee County case against Barry Morphew, accused of murdering his wife over Mother’s Day weekend last year — alleged he was fired because incoming DA Michael Allen believed he had supported his opponent in the 2020 Republican primary.

Lindsey, who was one of the longest-serving attorneys in the DA’s office, had risen to oversee county court, supervising young prosecutors who had recently joined the 4th Judicial District. 

“Mr. Lindsey’s employment with the District Attorney’s Office ended because the district attorney lacks confidence in Mr. Lindsey to competently perform the duties of a chief deputy district attorney based upon his years of experience working, and trying cases, with Mr. Lindsey and input from others in the District Attorney’s Office and elsewhere who have had similar experiences,” El Paso County Attorney Nathan Whitney wrote in a letter to Lindsey’s lawyer on behalf of the DA’s office.

The DA’s office agreed to pay Lindsey $10,000 to settle the dispute brought by Lindsey, who was attempting to avoid a lawsuit. The DA’s office in the agreement denied any wrongdoing and said it entered into the agreement for “for the sole purpose” of avoiding taxpayer-funded litigation costs that it said would likely exceed the cost of the settlement. 

In a Jan. 11 letter to Whitney, Lindsey’s lawyer, Ian Kalmanowitz, said, “Multiple employees of the DA’s office have reported that Jeff was fired because of the perception that he helped Mark Waller’s campaign.”

Kalmanowitz said Lindsey did not support Waller’s campaign in any way, and “any decision to terminate Jeff based on misperceptions about his political activity would run afoul of the First Amendment.”

He asked the office to buy two years of service toward Lindsey’s retirement and said Lindsey did not want to litigate the dispute because doing so would be “detrimental to the office he loyally served for over 16 years and cause Mr. Allen’s term in office to be marred at the outset by allegations of political discrimination.” 

In responding to the initial claim, Whitney wrote that the DA could terminate a chief deputy at any time without cause because Colorado law states that a chief deputy “holds office at the pleasure of the district attorney.”

Whitney further asserted that although Allen did not dismiss Lindsey for political reasons, federal law would protect Allen even if that was the rationale for his decision.

“The reasons for the district attorney’s lack of confidence in Mr. Lindsey will be at the forefront of litigation if he elects to file suit,” Whitney wrote. 

Three employees Lindsey used to supervise said he was an excellent supervisor and mentor.

Mike T. Allen, a former deputy district attorney who is not related to DA Michael Allen, was surprised that the DA would believe Lindsey to be incompetent. 

“I thought he was very competent,” he said. “I learned a lot from him. I just think a lot of people were shocked when Jeff was let go, and he’s done a lot for El Paso County and Teller County.”

Allen replaced Lindsey with Andrew Vaughn, a longtime prosecutor who donated $200 to his campaign. Former employees said the campaign donation was not an issue to them.

Allen’s office declined to comment on the personnel matter, but pointed to previous comments in which he said, “When I evaluate people for leadership positions, I look at merit, I look at experience, I look at leadership traits, and I also look at the willingness to take on the challenge of leadership.” 

Lindsey did not respond to multiple requests for comment. 

“I really liked working for him,” said Steve Prager, a former prosecutor who worked in county court. “I thought he was a very supportive boss. I learned a lot from him.”

He was surprised when Lindsey was let go, he said, but noted that Allen is “entitled to his own leadership team.”

Colton Craft, another former prosecutor, was also mentored by Lindsey.

“I thought he was a great leader, a great mentor, and I thought the new administration that took over for him to be the exact same thing,” Craft said. “They were great mentors and great leaders.”

But other employees were less impressed by his leadership, believing that his tenure was far too long.

“I think what’s more surprising is why (former DA) Dan May didn’t fire him sooner,” said Katy Kinney, a former deputy district attorney whom Lindsey supervised. “He’s one of the worst bosses I’ve ever had in my life.”

Lindsey’s last day with the 11th Judicial District, which includes Chaffee, Custer, Fremont and Park counties, will be Nov. 5, The Gazette previously reported.

Lindsey is headed to Pueblo to work for the 10th Judicial District under District Attorney Jeff Chostner, 11th Judicial District Attorney Linda Stanley told The Gazette earlier this month.

Lindsey joined the 11th Judicial in January, brought in by Stanley in part because of his experience with homicide cases. He has handled much of the litigation during the Morphew court hearings, sparring with defense attorneys over evidence including cellphone records and surveillance video.

Gazette reporter Carol McKinley contributed to this report.

Prosecutor Jeff Lindsey in 2015 during the video advisement for Colorado Springs Planned Parenthood shooting suspect Robert Dear.

Gazette file

Prosecutor Jeff Lindsey, left, and 4th Judicial District Attorney Dan May, in 2015 during the video advisement for Colorado Springs Planned Parenthood shooting suspect Robert Dear.

Gazette file