Such an evaluation could have resulted in stricter probation controls over former Arapahoe County Sheriff Pat Sullivan who is not a sex offender, but was convicted of felony meth possession and soliciting a prostitute in April.
Chief Judge William Sylvester denied the probation department's request Tuesday for the evaluation, saying the probation department and the Attorney General's office did not meet "good cause" to prompt the evaluation.
The judge's decision came down Tuesday after probation officer Hallie Miller testified in court, claiming Sullivan is "manipulative" and dishonest.
Miller accused Sullivan of not being honest about missing drug therapy appointments and about missing drug tests.
In one example, Sullivan allegedly told his probation officer he couldn't take a drug test at a facility because the elevators were broken. Miller said the claim was a lie after she checked with the facility. Miller also said Sullivan tested positive for alcohol earlier this year and that some of his urine samples were "dilute," meaning they weren't good enough to test.
Dilute samples often raise suspicion among probation officers who fear offenders may drink too much water to avoid positive drug detection in their urine.
Miller also testified saying Sullivan hasn't taken responsibility for his crimes, which include trading meth for sex.
In November of 2011, Sullivan was caught on undercover video during a sting operation trading meth with two confidential informants.
In October, 9Wants to Know aired an exclusive interview with one of the informants, Willie Hadley who revealed secrets about Sullivan's drug-fueled lifestyle.( http://www.9news.com/rss/article/296850/328/Informant-in-meth-for-sex-case-speaks--)
Miller also expressed concerns about Sullivan's new roommate, saying the former sheriff may be exerting power and control over the roommate like Sullivan did with other young men in the past.
Judge Sylvester expressed concerns about Sullivan's "untruths," but said statements made in court by the probation department weren't enough to convince the court to modify his probation with the sexual offense evaluation.
Sullivan's attorney, Kevin McGreevy, argued his client isn't required by law to undergo the evaluation because he was never convicted of a violent sex crime.
Sullivan will remain on probation for the next year and a half and will continue to undergo routine drug testing.
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