Disclaimer: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. All 9th Judicial news articles are DA Beeson's articles ) "
Chad Abraham:
"Among the issues is when the interview was turned over by Aspen police to the district attorney’s office, and when the prosecutor’s office either gave a copy of the interview to Fang or alerted her to its existence.
The Aguilera-Pimentel case involved an “abuse of discretion” by the district attorney’s office, Fang said, adding that she feels the court of appeals is unlikely to overturn Nichols’ sanctions.
Nichols, in issuing those sanctions, cited five cases involving pretrial violations, and Fang said that determination of a pattern of missteps has continued with Robinson’s case. Nichols should not “back step” from her previous ruling against prosecutors because, in the current case, “the identical violations could not be more striking,” Fang said.
Fang argued that sanctions should rise again to the point of suppressing key evidence — in this case the interview between Robinson and MacAyeal and photos that allegedly show injuries the defendant received during his arrest — because they were provided too late.
Both pieces of evidence are exculpatory, or statements that are favorable to Robinson, who apparently told MacAyeal that he initially thought he was being “jumped” and, afterward, that he thought he was being arrested for resisting arrest, and not for the bomb-threat allegation. Police photos of the injuries that allegedly were not turned over in a timely matter back up Robinson’s story, Fang argued in the motion to dismiss, which ought to lead to outright dismissal of the case, she said.
Mordkin, however, said Nichols should not enforce sanctions that end up again in a dismissal. Prosecutors in the 9th Judicial District have made it their practice to turn over to defense attorneys what is required, he said......" (Read more? Click title)
"Unapologetic pursuit and tracking of patterns within the news others make since 2010."
Showing posts with label Public Defender Tina Fang. Show all posts
Showing posts with label Public Defender Tina Fang. Show all posts
May 20, 2012
May 9, 2012
SandBoxBlogs: Aspen Daily News "News in brief"
Disclaimer: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. All 9th Judicial news articles are DA Beeson's articles )"
Aspen Daily News:
"Laurie Reno, 30, who was also accused of faking the doctor’s name in an attempt to get a prescription drug from Carl’s Pharmacy, quietly pleaded guilty to a felony count of uttering a false or forged order.
Judge Gail Nichols of Pitkin County District Court approved the sentence, which involves one year of unsupervised probation so Reno can go to an inpatient treatment program in California. After a year in the program, she must then contact the Pitkin County probation office for another year of probation that will be supervised.
Reno’s attorney, public defender Tina Fang, said her client pleaded guilty even though there were “factual issues that warranted her having the prescription.”
The case was also “ripe with suppression issues,” Fang said, because Reno, when she was arrested April 4, invoked her right to an attorney and Aspen police officers continued to question her.
“This seems to another case of the Aspen Police Department not understanding 4th and 6th Amendment procedures,” the attorney said. She added that the supposed factual and suppression issues likely factored into the decision by Chief Deputy District Attorney Arnold Mordkin to offer the plea agreement.
But Mordkin said that was not the case...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
Aspen Daily News:
"Laurie Reno, 30, who was also accused of faking the doctor’s name in an attempt to get a prescription drug from Carl’s Pharmacy, quietly pleaded guilty to a felony count of uttering a false or forged order.
Judge Gail Nichols of Pitkin County District Court approved the sentence, which involves one year of unsupervised probation so Reno can go to an inpatient treatment program in California. After a year in the program, she must then contact the Pitkin County probation office for another year of probation that will be supervised.
Reno’s attorney, public defender Tina Fang, said her client pleaded guilty even though there were “factual issues that warranted her having the prescription.”
The case was also “ripe with suppression issues,” Fang said, because Reno, when she was arrested April 4, invoked her right to an attorney and Aspen police officers continued to question her.
“This seems to another case of the Aspen Police Department not understanding 4th and 6th Amendment procedures,” the attorney said. She added that the supposed factual and suppression issues likely factored into the decision by Chief Deputy District Attorney Arnold Mordkin to offer the plea agreement.
But Mordkin said that was not the case...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
SandBoxBlogs: Aspen Daily News "Pivotal evidence hearing on Monday in bomb-threat case"
Disclaimer: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. All 9th Judicial news articles are DA Beeson's articles.)
Chad Abraham:
"The judge presiding over a man’s felony case involving an alleged bomb threat concerning a Belly Up concert urged the attorneys for both sides on Tuesday to come to an agreement on pretrial evidence issues.
Otherwise, public defender Tina Fang, representing Asa Robinson, 30, of Glenwood Springs, may call Aspen prosecutor Arnold Mordkin to testify about record-keeping matters in a motion-to-dismiss hearing set for Monday.
Custodians of evidence in the Aspen Police Department and the Aspen office of the 9th Judicial District Attorney may also be called to the stand. Judge Gail Nichols of Pitkin County District Court said that, in order for her to rule on the motion, she needs to rely on statements that are only made under oath unless Fang and Mordkin can agree on matters involving certain evidence.....
....Fang’s motion says the district attorney’s office didn’t turn over a copy of the interview until March 22, which the defense attorney says is another example of miscues involving pretrial evidence, or discovery, committed by the Aspen prosecutor’s office.
Nichols last summer sanctioned Mordkin for similar missteps in five cases, ordering that he could not use key evidence in a motor-vehicle theft case. Mordkin soon after filed to have the case dismissed, saying he could not expect a successful prosecution without that evidence.
But he and District Attorney Martin Beeson have appealed Nichols’ ruling to the Colorado Court of Appeals, where it is pending, and defended the Aspen office’s handling of discovery. Nichols’ ruling cites a handful of cases in which prosecutorial discovery errors were made out of the nearly 2,700 that the Aspen office handled between 2008 and 2011, meaning the vast majority of cases were handled correctly, the appeal says. Mordkin has also said in court motions that his office and evidence custodians of the local law enforcement agencies have rectified the issues that led to the mistakes.
But for the latest alleged infraction, Nichols “should make it clear that the blame rests with [Mordkin] and his office — alone,” Fang wrote. Dismissing Robinson’s case is the only way the court can be assured that its authority to enforce procedural rules will be respected, the motion says......"
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
April 3, 2012
SandBoxBlogs: Aspen Daily News "Public defender readies another sanction attempt on Aspen district attorney"
"Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. ) "
Chad Abraham:
"The attorney for a man facing three felonies after allegedly calling in a bomb threat to get into a concert said Monday that she will seek to have the charges dismissed because of an alleged pretrial evidence miscue by the Aspen district attorney’s office.
Asa Robinson’s lawyer, public defender Tina Fang, said she also will be filing a motion later this month to sanction Chief Deputy District Attorney Arnold Mordkin. She alleged that Mordkin only within the past 10 days turned over to her a recorded statement Robinson made to an Aspen police detective in the Pitkin County Jail.
Prosecutors are expected to turn over evidence to defense attorneys 20 days after the filing of charges. After that, when new evidence comes to a prosecutor’s attention it must be turned over to the defense as soon as practical, according to the Colorado Rules of Criminal Procedure.
Robinson, 30, of Glenwood Springs, has been in jail since he was arrested at the Belly Up on Nov. 22. He was advised the next day that he faces felony counts of false reporting of explosives, assault of a police officer and menacing. Police say he called the county communications center to report a bomb in the venue, which was evacuated during a sold-out Zeds Dead show....." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
March 10, 2012
SandBoxBlogs: Aspen Daily News "In sanctions appeal, DA accuses public defender of ‘gotcha’ tactic"
Update to this post on March 13, 2012 from the Aspen Daily News:
"An article in Saturday’s edition about the 9th Judicial District Attorney’s Office appealing a judge’s sanction contained incorrect information. The trial court’s order dismissing the case is a final order for purposes of appeal. But if the office wins the appeal, the defendant can be brought back to trial..."
(Read original correction? Click title)
__________________________________________________
Note from SandBox:
Chad Abraham:
"Even though Aguilera-Pimentel cannot be prosecuted again, Beeson decided to appeal.
The “issue of the sanctions imposed by the district court in our case is one of high importance statewide as it basically sets a standard of absolute perfection when dealing with discovery issues,” Beeson said in an email. “We believe this to be an issue of policy statewide, and we are confident that once the merits of the appeal are actually considered, we will prevail.”...." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"An article in Saturday’s edition about the 9th Judicial District Attorney’s Office appealing a judge’s sanction contained incorrect information. The trial court’s order dismissing the case is a final order for purposes of appeal. But if the office wins the appeal, the defendant can be brought back to trial..."
(Read original correction? Click title)
__________________________________________________
Note from SandBox:
(Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesty of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )
Chad Abraham:
"Even though Aguilera-Pimentel cannot be prosecuted again, Beeson decided to appeal.
The “issue of the sanctions imposed by the district court in our case is one of high importance statewide as it basically sets a standard of absolute perfection when dealing with discovery issues,” Beeson said in an email. “We believe this to be an issue of policy statewide, and we are confident that once the merits of the appeal are actually considered, we will prevail.”...." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
March 6, 2012
SandBoxBlogs: Aspen Daily News "Belly Up bomb threat suspect likely to be tried"
Chad Abraham:
"A judge said on Monday that she will likely rule there is enough evidence to bind over for trial a Glenwood man who allegedly called in a bomb threat regarding the Belly Up to get into a sold-out concert.
After a nearly two-hour hearing in Pitkin County District Court, Judge Gail Nichols ruled that there is probable cause to believe Asa Robinson, 30, assaulted Aspen police officer Gregg Cole on Nov. 22.
Robinson is charged with two counts of assault of a peace officer and false reporting of explosives. Nichols only ruled on one of the assault counts, saying she wanted to study a custody issue related to the other charge and a hearsay issue related to the false reporting count.
Cole testified on Monday that he went to the Belly Up after the bomb threat was called in to the county emergency dispatch center around 9:40 p.m.
The center’s phones have caller ID, and another officer, using the number, was able to get Robinson’s account information from Sprint, the cell-phone carrier, Cole said. Robinson’s photograph was on file at the police department from “previous contacts,” the officer said...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"A judge said on Monday that she will likely rule there is enough evidence to bind over for trial a Glenwood man who allegedly called in a bomb threat regarding the Belly Up to get into a sold-out concert.
After a nearly two-hour hearing in Pitkin County District Court, Judge Gail Nichols ruled that there is probable cause to believe Asa Robinson, 30, assaulted Aspen police officer Gregg Cole on Nov. 22.
Robinson is charged with two counts of assault of a peace officer and false reporting of explosives. Nichols only ruled on one of the assault counts, saying she wanted to study a custody issue related to the other charge and a hearsay issue related to the false reporting count.
Cole testified on Monday that he went to the Belly Up after the bomb threat was called in to the county emergency dispatch center around 9:40 p.m.
The center’s phones have caller ID, and another officer, using the number, was able to get Robinson’s account information from Sprint, the cell-phone carrier, Cole said. Robinson’s photograph was on file at the police department from “previous contacts,” the officer said...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
SandBoxBlogs: Aspen Daily News "Former Snowmass man gets four years probation in marijuana-mailing case"
Chad Abraham:
"Saying she was giving a former Snowmass Village man a “huge break,” an Aspen judge on Monday sentenced the three-time felon to four years of probation for receiving 11 pounds of marijuana in the mail.
Vaughn Barnett, 28, smiled and told his mother, who testified via phone from New Jersey on his behalf at the sentencing hearing in Pitkin County District Court, that he would see her soon.
Chief Deputy District Attorney Arnold Mordkin had recommended prison time for Barnett, and the prosecutor slowly shook his head when Judge Gail Nichols of the 9th Judicial District began questioning Barnett about where he would live if she sentenced him to probation.
U.S. Postal Service agents arrested Barnett and his then-roommate at gunpoint at the Snowmass post office on Nov. 20, 2010. The package mailed to the roommate ripped open, and postal employees who noticed the smell alerted authorities.
Barnett pleaded guilty on Jan. 9 to felony possession of marijuana with the intent to distribute more than 5 pounds in a plea deal in which a bail-bond violation count was dropped. The roommate pleaded guilty last March to attempted possession of marijuana and received a two-year deferred sentence.
The judicial district’s probation office recommended that Barnett be sentenced to two years of community corrections in Rifle.
But Barnett, who is black, told Nichols that he was assaulted in Rifle because of his race and did not want to live and try to find work there.
“He’s terrified of that prospect,” said his attorney, public defender Tina Fang.
Fang urged Nichols to sentence Barnett to probation, saying prison time would be a “tremendous backslide” for him and that he would have a solid support system of relatives on the East Coast..."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"Saying she was giving a former Snowmass Village man a “huge break,” an Aspen judge on Monday sentenced the three-time felon to four years of probation for receiving 11 pounds of marijuana in the mail.
Vaughn Barnett, 28, smiled and told his mother, who testified via phone from New Jersey on his behalf at the sentencing hearing in Pitkin County District Court, that he would see her soon.
Chief Deputy District Attorney Arnold Mordkin had recommended prison time for Barnett, and the prosecutor slowly shook his head when Judge Gail Nichols of the 9th Judicial District began questioning Barnett about where he would live if she sentenced him to probation.
U.S. Postal Service agents arrested Barnett and his then-roommate at gunpoint at the Snowmass post office on Nov. 20, 2010. The package mailed to the roommate ripped open, and postal employees who noticed the smell alerted authorities.
Barnett pleaded guilty on Jan. 9 to felony possession of marijuana with the intent to distribute more than 5 pounds in a plea deal in which a bail-bond violation count was dropped. The roommate pleaded guilty last March to attempted possession of marijuana and received a two-year deferred sentence.
The judicial district’s probation office recommended that Barnett be sentenced to two years of community corrections in Rifle.
But Barnett, who is black, told Nichols that he was assaulted in Rifle because of his race and did not want to live and try to find work there.
“He’s terrified of that prospect,” said his attorney, public defender Tina Fang.
Fang urged Nichols to sentence Barnett to probation, saying prison time would be a “tremendous backslide” for him and that he would have a solid support system of relatives on the East Coast..."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
February 24, 2012
SandBox Comments: Aspen Daily News "Judge: Officer had cause to question suspect in cocaine distribution case"
Chad Abraham:
"A judge has ruled that an Aspen police officer had reasonable suspicion to stop and question a Snowmass Village man in 2010 about a fight, inquiries that led to his arrest for the brawl and, later, to him being charged with distribution of cocaine.
Justin Gordon, 33, is scheduled to be tried in May on felony counts of cocaine distribution and violating his bond by missing a court date for the drug charge.
Aspen police officer Rick Magnuson, told about an altercation outside Eric’s Bar on Oct. 1, 2010, testified in a Jan. 23 motions hearing that he spotted Gordon two blocks from the bar.
Magnuson said Gordon matched the description he had been given of the suspect in the fight, and the officer began questioning the defendant.
Gordon’s attorney, public defender Tina Fang, had argued that Magnuson did not have reasonable suspicion to stop her client.
“The court disagrees,” wrote Judge Gail Nichols of Pitkin County District Court. “Officer Magnuson knew that he was looking for a short, bald man in a green jacket. There were no other people with green jackets in the area — indeed, there were no other people walking in the area at all.”
Gordon allegedly headed into an alley after spotting Magnuson’s police car, “which could be an expression of consciousness of guilt,” the Feb. 10 ruling says. “All of these facts together provided reasonable suspicion to stop the defendant, question him about whether he was involved in a fight at Eric’s and obtain his identification.”
Gordon was originally arrested for his role in the fight outside the bar. He then was re-arrested the same month after a cabbie told police that cocaine that an officer found strewn in a street near the bar fell out of Gordon’s pocket during the fight.....”
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"A judge has ruled that an Aspen police officer had reasonable suspicion to stop and question a Snowmass Village man in 2010 about a fight, inquiries that led to his arrest for the brawl and, later, to him being charged with distribution of cocaine.
Justin Gordon, 33, is scheduled to be tried in May on felony counts of cocaine distribution and violating his bond by missing a court date for the drug charge.
Aspen police officer Rick Magnuson, told about an altercation outside Eric’s Bar on Oct. 1, 2010, testified in a Jan. 23 motions hearing that he spotted Gordon two blocks from the bar.
Magnuson said Gordon matched the description he had been given of the suspect in the fight, and the officer began questioning the defendant.
Gordon’s attorney, public defender Tina Fang, had argued that Magnuson did not have reasonable suspicion to stop her client.
“The court disagrees,” wrote Judge Gail Nichols of Pitkin County District Court. “Officer Magnuson knew that he was looking for a short, bald man in a green jacket. There were no other people with green jackets in the area — indeed, there were no other people walking in the area at all.”
Gordon allegedly headed into an alley after spotting Magnuson’s police car, “which could be an expression of consciousness of guilt,” the Feb. 10 ruling says. “All of these facts together provided reasonable suspicion to stop the defendant, question him about whether he was involved in a fight at Eric’s and obtain his identification.”
Gordon was originally arrested for his role in the fight outside the bar. He then was re-arrested the same month after a cabbie told police that cocaine that an officer found strewn in a street near the bar fell out of Gordon’s pocket during the fight.....”
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
February 14, 2012
SandBox Comments: Aspen Daily News "In other court news"
Chad Abraham:
"....In other court news, Nichols agreed with a county court judge that the Aspen prosecutor’s office had attempted to harass a local man.
The judge refused to accept the filing of a felony count of assault of a police officer against Alex Velasquez, 37.
Velasquez was arrested and charged with misdemeanor assault, disorderly conduct, and resisting arrest after Snowmass Village police said he pummeled a drinking buddy near a bank on Feb. 10, 2011. In the arrest affidavit, Snowmass police Sgt. Brian Olson wrote that Velasquez, when confronted, pushed police officer Franz Zedlacher in the chest.
On Aug. 4, the day before a trial was scheduled for Velasquez, prosecutors attempted to have the misdemeanor case dismissed, and Mordkin the same day filed the felony count in Pitkin County District Court. Regarding his office’s effort to dismiss the county case, Mordkin told Judge Erin Fernandez-Ely of Pitkin County Court on Aug. 5 that he first learned only the previous day of the alleged shoving of the officer, prompting the filing of the felony.
Fernandez-Ely, however, ruled that the grounds for the filing of “felony charges existed at the time of the arrest, on Feb. 10, 2011,” she wrote. “Waiting until the eve of trial was not warranted.”
Mordkin’s decision to charge the defendant with a felony resulted in Velasquez being rousted around 2 a.m. from his camping site on Aug. 5 and arrested.
“The court finds that this harsh procedure was designed to harass and intimidate the defendant,” Fernandez-Ely ruled.
Monday, Nichols agreed, and she apologized to Velasquez on behalf of the court system.
“This whole thing has been done wrong,” Nichols said.
Prosecutors never stated the “good cause” needed in the process involved in dismissing a lower-court case in favor of a felony filing, the judge said.
Nichols said it was “totally ridiculous” that Velasquez has had to report to two differ ent court jurisdictions since his arrest.
“At your expense, we have all learned a lot,” the judge said.
Velasquez is due back in county court March 6....." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"....In other court news, Nichols agreed with a county court judge that the Aspen prosecutor’s office had attempted to harass a local man.
The judge refused to accept the filing of a felony count of assault of a police officer against Alex Velasquez, 37.
Velasquez was arrested and charged with misdemeanor assault, disorderly conduct, and resisting arrest after Snowmass Village police said he pummeled a drinking buddy near a bank on Feb. 10, 2011. In the arrest affidavit, Snowmass police Sgt. Brian Olson wrote that Velasquez, when confronted, pushed police officer Franz Zedlacher in the chest.
On Aug. 4, the day before a trial was scheduled for Velasquez, prosecutors attempted to have the misdemeanor case dismissed, and Mordkin the same day filed the felony count in Pitkin County District Court. Regarding his office’s effort to dismiss the county case, Mordkin told Judge Erin Fernandez-Ely of Pitkin County Court on Aug. 5 that he first learned only the previous day of the alleged shoving of the officer, prompting the filing of the felony.
Fernandez-Ely, however, ruled that the grounds for the filing of “felony charges existed at the time of the arrest, on Feb. 10, 2011,” she wrote. “Waiting until the eve of trial was not warranted.”
Mordkin’s decision to charge the defendant with a felony resulted in Velasquez being rousted around 2 a.m. from his camping site on Aug. 5 and arrested.
“The court finds that this harsh procedure was designed to harass and intimidate the defendant,” Fernandez-Ely ruled.
Monday, Nichols agreed, and she apologized to Velasquez on behalf of the court system.
“This whole thing has been done wrong,” Nichols said.
Prosecutors never stated the “good cause” needed in the process involved in dismissing a lower-court case in favor of a felony filing, the judge said.
Nichols said it was “totally ridiculous” that Velasquez has had to report to two differ ent court jurisdictions since his arrest.
“At your expense, we have all learned a lot,” the judge said.
Velasquez is due back in county court March 6....." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
SandBox Comments: Aspen Daily News "Defense attorney likely to pounce on police mistake in drug bust case"
It's an unfortunate choice of wording in the headline.
How about: "Local man has charge dismissed because he didn't commit the crime they said he did" ? What does the defense attorney have to do with the charge being dismissed?
If the resulting charges elsewhere have merit, he will stand trial without the 'pounce' from a defender. Hopefully, he will have all of his constitutional rights to full defense upheld as is rightful given his status as an American citizen.
Thank you goes out to the Aspen Police Dept. for their honesty. You are appreciated and you are applauded for stepping up.
Maybe all the shouting out that locals have been doing for the past 5 to 6 years, that they have serious concerns that our cops are being turned more into agents for prosecutors than doing their sworn duty to serve and protect the citizenry is really being listened to.
Thank you also goes out to Chief Deputy District Attorney Arnold Mordkin and Chief Public Defender Tina Fang for swiftly going to the heart of the matter instead of dragging any issues out into the public arena at ultimately taxpayer expense. Maybe there will be some long-term positive changes that really will come out of the current election cycle here in 9th Judicial. You are both appreciated.
Chad Abraham:
"...Fang argued for Simmons’ bond to be reduced to $10,000. Simmons, in previous criminal cases he has faced, has never failed to appear for a court hearing, she said.
“He is a long-term resident of the valley and is the sole caretaker of his mother,” who has medical issues, Fang said. “He’s a very instrumental part of her life.”
She also said he is not a risk to flee the area ahead of a possible trial, as “he has no contacts anywhere else, [and] there’s simply nowhere else for him to go,” Fang said.
Mordkin objected to any reduction in bond. Simmons, facing mandatory prison time if he’s convicted, is an “enormous flight risk,” Mordkin said.
“The bail [amount] was appropriate when we set it, and we believe that it’s appropriate now,” he said.
Nichols, who is familiar with Simmons from a previous case, said she believes that he does care for his mother. She also noted that his work history shows he is responsible and will likely show up for court dates.
She kept his bond at $50,000 but set its terms as “cash surety” instead of cash only, making it easier for Simmons to get the help of a bondsman to get out of jail.
Simmons’ next court date is March 5.
Mordkin declined to discuss the police department’s mistake in the tampering case, saying it will come out in expected pretrial motion hearings.
At least one of those hearings will likely involve a motion by Fang to suppress evidence found as a result of the tampering warrant.
Mordkin also declined to say whether officers were apologetic when they told him Friday about the misidentification.
“They did the right thing,” he said. “I think they should be applauded....”
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
How about: "Local man has charge dismissed because he didn't commit the crime they said he did" ? What does the defense attorney have to do with the charge being dismissed?
If the resulting charges elsewhere have merit, he will stand trial without the 'pounce' from a defender. Hopefully, he will have all of his constitutional rights to full defense upheld as is rightful given his status as an American citizen.
Thank you goes out to the Aspen Police Dept. for their honesty. You are appreciated and you are applauded for stepping up.
Maybe all the shouting out that locals have been doing for the past 5 to 6 years, that they have serious concerns that our cops are being turned more into agents for prosecutors than doing their sworn duty to serve and protect the citizenry is really being listened to.
Thank you also goes out to Chief Deputy District Attorney Arnold Mordkin and Chief Public Defender Tina Fang for swiftly going to the heart of the matter instead of dragging any issues out into the public arena at ultimately taxpayer expense. Maybe there will be some long-term positive changes that really will come out of the current election cycle here in 9th Judicial. You are both appreciated.
Chad Abraham:
"...Fang argued for Simmons’ bond to be reduced to $10,000. Simmons, in previous criminal cases he has faced, has never failed to appear for a court hearing, she said.
“He is a long-term resident of the valley and is the sole caretaker of his mother,” who has medical issues, Fang said. “He’s a very instrumental part of her life.”
She also said he is not a risk to flee the area ahead of a possible trial, as “he has no contacts anywhere else, [and] there’s simply nowhere else for him to go,” Fang said.
Mordkin objected to any reduction in bond. Simmons, facing mandatory prison time if he’s convicted, is an “enormous flight risk,” Mordkin said.
“The bail [amount] was appropriate when we set it, and we believe that it’s appropriate now,” he said.
Nichols, who is familiar with Simmons from a previous case, said she believes that he does care for his mother. She also noted that his work history shows he is responsible and will likely show up for court dates.
She kept his bond at $50,000 but set its terms as “cash surety” instead of cash only, making it easier for Simmons to get the help of a bondsman to get out of jail.
Simmons’ next court date is March 5.
Mordkin declined to discuss the police department’s mistake in the tampering case, saying it will come out in expected pretrial motion hearings.
At least one of those hearings will likely involve a motion by Fang to suppress evidence found as a result of the tampering warrant.
Mordkin also declined to say whether officers were apologetic when they told him Friday about the misidentification.
“They did the right thing,” he said. “I think they should be applauded....”
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
January 24, 2012
SandBox Comments: Aspen Daily News "Motion denied to suppress evidence in cocaine case"
Chad Abraham:
"A judge on Monday denied a motion to suppress evidence, including 14 grams of cocaine that police allegedly found strewn in the middle of a downtown street in 2010, in the case of a Snowmass Village man charged with distributing the drug.
But Judge Gail Nichols of Pitkin County District Court, after a nearly two-hour hearing, said she needed time to review a transcript of a recording taken by a police car video camera before ruling on whether the arrest of Justin Gordon, 33, by Aspen police officer Rick Magnuson was lawful.
Gordon was originally arrested for his alleged role in a bar brawl in October 2010, and was later charged with possession of cocaine with the intent to distribute and a bail-bond violation, both of which are felonies...."
"A judge on Monday denied a motion to suppress evidence, including 14 grams of cocaine that police allegedly found strewn in the middle of a downtown street in 2010, in the case of a Snowmass Village man charged with distributing the drug.
But Judge Gail Nichols of Pitkin County District Court, after a nearly two-hour hearing, said she needed time to review a transcript of a recording taken by a police car video camera before ruling on whether the arrest of Justin Gordon, 33, by Aspen police officer Rick Magnuson was lawful.
Gordon was originally arrested for his alleged role in a bar brawl in October 2010, and was later charged with possession of cocaine with the intent to distribute and a bail-bond violation, both of which are felonies...."
August 6, 2011
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