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James Duran
A judge Monday ruled alleged death threats against the children of a Mesa County prosecutor aren’t enough to disqualify District Attorney Pete Hautzinger’s office in the case of 46-year-old James Duran.
In handing down his ruling, District Judge Robert Brown noted, among other factors, that Duran has not been charged in connection with his alleged attempt in 2005 to hire a man to abduct and murder the children of Deputy District Attorney Trish Mahre.
Assistant District Attorney Rich Tuttle said Mahre will not be called as a witness in Duran’s upcoming trial.
“If Mrs. Mahre was going to be a witness, then we’d have a different set of facts,” the judge said after issuing his ruling.
Duran’s public defenders, John Burkey and Brian Musell, filed a motion in June seeking the disqualification of Mesa County prosecutors, suggesting the local office has a personal interest in securing a second conviction in three years against Duran.
“If the people in this community hear the DA’s staying on a case with these sort of allegations, they may believe there’s an appearance of impropriety,” Musell told the judge.
Duran, a former Palisade resident, was convicted at trial in 2005 of attempted second-degree murder and first-degree assault with a deadly weapon in the Dec. 23, 2003, shooting of 36-year-old Brad Hatch.
Hatch was shot in the face and left on railroad tracks near the Department of Energy’s facility on Orchard Mesa. He was hit and dragged 30 yards by a 105-car Union Pacific Railroad train.
Hatch suffered a broken hip and prostate injuries — the shot grazed his spine and left him temporarily paralyzed, according to testimony in Duran’s 2005 trial.
Duran was found by a judge in July 2005 to be a habitual criminal — with three unrelated felony convictions — and sentenced to 64 years in prison.
Duran’s conviction, however, was thrown out last November by the Colorado Court of Appeals after the court ruled statements to the jury by a prosecutor were inflammatory and improper.
That prosecutor was Mahre, who repeatedly called Duran a “liar” during her closing.
Duran, while jailed in Mesa County awaiting his sentence in 2005, allegedly tried to strike back.
Duran’s ex-wife came forward in September 2006.
According to a memo from the DA’s office, the woman told investigator Gil Stone she received a “very detailed” letter from Duran “directing her to contact an old acquaintance who lived somewhere near 8th and Colorado Avenue” and have the man arrange the kidnapping of Mahre’s children on their way home from school.
Duran claimed some knowledge of where the prosecutor lives.
Prosecutors last April used the information to ask the judge to increase Duran’s bond from $500,000 to $1 million.
On Monday, Tuttle said the alleged plot will likely not be introduced at Duran’s upcoming trial.
The prosecutor also tried to rebuff suggestions of a vendetta by pointing to the timing of the threats.
“We’ve had notice of this issue since 2006 and we’ve taken no new action against this defendant,” Tuttle said.
Tuttle argued a special prosecutor appointment would send the wrong message.
“In effect you’d be encouraging a defendant to engage in bad behavior against the District Attorney’s Office, to get a prosecutor thrown off their case,” Tuttle told the judge.
Duran’s retrial is scheduled to start in October.
Reach Paul Shockley at pshockley@gjfreepress.com
In handing down his ruling, District Judge Robert Brown noted, among other factors, that Duran has not been charged in connection with his alleged attempt in 2005 to hire a man to abduct and murder the children of Deputy District Attorney Trish Mahre.
Assistant District Attorney Rich Tuttle said Mahre will not be called as a witness in Duran’s upcoming trial.
“If Mrs. Mahre was going to be a witness, then we’d have a different set of facts,” the judge said after issuing his ruling.
Duran’s public defenders, John Burkey and Brian Musell, filed a motion in June seeking the disqualification of Mesa County prosecutors, suggesting the local office has a personal interest in securing a second conviction in three years against Duran.
“If the people in this community hear the DA’s staying on a case with these sort of allegations, they may believe there’s an appearance of impropriety,” Musell told the judge.
Duran, a former Palisade resident, was convicted at trial in 2005 of attempted second-degree murder and first-degree assault with a deadly weapon in the Dec. 23, 2003, shooting of 36-year-old Brad Hatch.
Hatch was shot in the face and left on railroad tracks near the Department of Energy’s facility on Orchard Mesa. He was hit and dragged 30 yards by a 105-car Union Pacific Railroad train.
Hatch suffered a broken hip and prostate injuries — the shot grazed his spine and left him temporarily paralyzed, according to testimony in Duran’s 2005 trial.
Duran was found by a judge in July 2005 to be a habitual criminal — with three unrelated felony convictions — and sentenced to 64 years in prison.
Duran’s conviction, however, was thrown out last November by the Colorado Court of Appeals after the court ruled statements to the jury by a prosecutor were inflammatory and improper.
That prosecutor was Mahre, who repeatedly called Duran a “liar” during her closing.
Duran, while jailed in Mesa County awaiting his sentence in 2005, allegedly tried to strike back.
Duran’s ex-wife came forward in September 2006.
According to a memo from the DA’s office, the woman told investigator Gil Stone she received a “very detailed” letter from Duran “directing her to contact an old acquaintance who lived somewhere near 8th and Colorado Avenue” and have the man arrange the kidnapping of Mahre’s children on their way home from school.
Duran claimed some knowledge of where the prosecutor lives.
Prosecutors last April used the information to ask the judge to increase Duran’s bond from $500,000 to $1 million.
On Monday, Tuttle said the alleged plot will likely not be introduced at Duran’s upcoming trial.
The prosecutor also tried to rebuff suggestions of a vendetta by pointing to the timing of the threats.
“We’ve had notice of this issue since 2006 and we’ve taken no new action against this defendant,” Tuttle said.
Tuttle argued a special prosecutor appointment would send the wrong message.
“In effect you’d be encouraging a defendant to engage in bad behavior against the District Attorney’s Office, to get a prosecutor thrown off their case,” Tuttle told the judge.
Duran’s retrial is scheduled to start in October.
Reach Paul Shockley at pshockley@gjfreepress.com
