Appeal filed in 2006 Cheney incident at Beaver Creek |

Appeal filed in 2006 Cheney incident at Beaver Creek

BEAVER CREEK ” A Denver-area man suing the Secret Service for being arrested after he made comments to Dick Cheney in Beaver Creek about the Iraq war is still trying to subpoena the vice president.

Steven Howards has filed an appeal of a federal magistrate judge’s denial of his motion to subpoena Cheney in the lawsuit over the June 2006 incident in Beaver Creek. Howards says he was arrested after walking up to Cheney and telling him his Iraq policy was “disgusting.”

David Lane, Howards’ attorney, argues in the brief filed Monday that Magistrate Judge Craig Shaffer was wrong to rule that Cheney’s testimony wouldn’t be relevant. Lane says Cheney has firsthand knowledge of what happened and other witnesses have given conflicting accounts.

Howards was questioned by Secret Service agents, arrested and told he would be charged with assault. He said he “lightly touched” Cheney.

Howards was never charged with assault and the district attorney later dismissed a harassment charge against him. He claims his First Amendment right to free speech and his Fourth Amendment protection from unreasonable search and seizure were violated when he was arrested.

Shaffer ruled in April against Howards’ request to subpoena Cheney, saying there were other people with relevant information that might make it unnecessary to subpoena the vice president. Shaffer denied another request for a subpoena in October after Howards deposed other witnesses.

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