Lawyer demands DA keep dealing
A defense attorney Thursday asked a district judge to hold the 4th Judicial District Attorney’s Office in contempt of court for failing to engage in court-ordered plea bargaining in a first- degree murder case.
Rick Levinson, who is representing Robert A. Rodriquez on first- degree murder charges, asked 4th Judicial District Judge Ronald Crowder to force the district attorney’s office back to the negotiating table.
Doug Miles, chief deputy district attorney, told Crowder his office made a plea offer, but prosecutors don’t intend to make another one and they are disputing Crowder’s authority to order them into mediation.
Crowder said he will rule on the motion by Monday. His decision could challenge prosecutors’ discretion in offering plea bargains.
The 4th Judicial District’s criminal mediation program, one of the most active in the state, is funded in part through a state grant because it’s been so successful in resolving cases without lengthy and expensive criminal trials.
Levinson’s request came just before Rodriquez’s preliminary hearing was set to begin.
Police say Rodriquez, 20, was taking part in a robbery when a co- defendant shot John Henry Smith, 19, in the chest during an Oct. 22 drug deal gone bad in Widefield.
Fort Carson soldier Anthony Marquez, 23, who is accused of firing the shot that killed Smith, has been ordered to stand trial on first- degree murder charges. A third suspect, Pedro Zayas, 17, has been charged as an adult with firstdegree murder.
El Paso County sheriff’s detectives allege all three were armed and planned to rob Smith.
In his motion, Levinson said the district attorney’s office has not negotiated in good faith. He alleges a deputy district attorney was sent to the mediation table without any authority to bargain, only to ink the deal on the offer that was made.
Miles said the deputy prosecutor had the authority to negotiate and blamed Levinson for the breakdown in talks, saying the defense attorney canceled the last meeting.
Colorado law states a district attorney “may” negotiate, but the ultimate decision is up to them, he said.
“The criminal mediation process is voluntary,” Miles said. “Our position is that by ordering mediation with a court order, the court is beginning to involve itself into plea negotiations, which is prohibited.”
He also threatened that if deputy district attorneys are cited for contempt of court for not mediating, they will never agree to mediation in criminal cases.
“I’m not the first judge to order mediation,” Crowder said. “Judges routinely order it. So I’m sure this is going to be a test case” for the district.
Crowder delayed the preliminary hearing until Wednesday, after he rules on the mediation issue.
Miles said they would challenge Crowder’s order if he forces them back to the table.
“The danger we see here is that defense attorneys are starting to file contempt citations if they don’t get the offer they want,” Miles said.