Tom Burris
Tom Burris

Montezuma-Cortez Superintendent Harry (Tom) Burris on Tuesday pleaded not guilty in Montezuma County Court to a charge that he failed to report allegations of student abuse.

The charge, a misdemeanor, refers to a relationship between a student and teacher at Montezuma-Cortez High School. The jury trial has been set for May.

The plea was followed by a request from defense attorney David Illingworth to schedule a speedy trial. Illingworth also requested a motions hearing.

Burris’s trial was set by Judge Ian MacLaren for Thursday, May 8, at 8:30 a.m. Pretrial matters will be handled Wednesday, May 7, at 3 p.m., and jury selection will take place May 8 at 8:30 a.m.

MacLaren also blocked off Friday, May 9, in case the trial needs to continue a second day. A motions hearing was set for Thursday, March 20, at 1:30 p.m. and a pretrial readiness conference will be held Tuesday, April 29, at 3 p.m.

Timeline

June 1, 2023: The approximate date that the Cortez Police Department estimates Superintendent Harry “Tom” Burris of the Montezuma-Cortez School District RE-1 allegedly violated Colorado Statute 19-3-304 – “Persons required to report child abuse or neglect.” (Source: Cortez Police Department)May 7, 2024: Burris reportedly tells the Montezuma-Cortez Board of Education about the allegation of sexual abuse by a high school teacher, who is subsequently fired. (Source: Montezuma-Cortez Board of Education)July 9, 2024: Human Resource Director Cyndi Eldredge is fired. July 18, 2024: Eldredge gives Cortez Police Detective Shane Fletcher a video recording of a phone conversation between her and Burris that occurred June 13. In the police report, Eldredge said Burris had called her at 10 p.m. that night. (Source: Cortez Police Department)July 22, 2024: Parents of the student meet with officers at the Cortez Police Department. The boy’s mother acknowledged that she had made a report to Burris about her son’s relationship with the teacher. (Source: Cortez Police Department)July 24, 2024: Police meet with the student at Four Corners Advocacy Center, and Lacey Osterloh conducts a forensic interview with him. (Source: Cortez Police Department)Aug. 7, 2024: Burris leaves a meeting with Detective Fletcher at the police station. (Source: Cortez Police Department)Aug. 12, 2024: A police citation accuses Burris of violating Colorado Revised Statute 19-3-304. (Source: Cortez Police Department)Sept. 25, 2024: Arraignment. (Montezuma County Court)Oct. 22, 2024: Pretrial conference. (Montezuma County Court)Dec. 3, 2024: Plea hearing turned continuance. (Montezuma County Court)Jan. 21, 2025: Plea hearing. (Montezuma County Court)March 20, 2025: Upcoming motions hearing at 1:30 p.m. (Montezuma County Court)April 29, 2025: Upcoming pretrial readiness conference at 3 p.m. Deadline for a plea bargain. (Montezuma County Court)May 7, 2025: Upcoming trial preparations at 3 p.m. (Montezuma County Court)May 8, 2025: Upcoming jury trial at 8:30 a.m. (Montezuma County Court)

The deadline for a plea bargain also will be on April 29. Because of previous continuances in the case, MacLaren said he would not accept additional continuances as the case moves forward.

The original decision to continue the plea hearing from December to Tuesday was made to allow the recently elected district attorney of the 22nd Judicial District, Jeremy Reed, to be sworn into office.

Reed was sworn in Jan. 14.

Burris was first cited on Aug. 12, 2024, on suspicion of violating Colorado Statute 19-3-304, “Persons required to report child abuse or neglect,” after a report that alleged a high school teacher might have been in an inappropriate, sexual relationship with a MCHS student, according to a report obtained from the Cortez Police Department.

As the superintendent of the Montezuma-Cortez RE-1 school district, Burris is considered by the state of Colorado and district policy as a mandatory reporter.

Police reports detailed the alleged failure to report, showing that Burris might have become aware of these allegations in June 2023 via the student’s concerned parent, but never reported the allegations.

Burris had shared with police that the child’s mother had asked him not to say anything about the relationship.

The teacher was fired in the spring of 2024, after it was discovered that no sexual abuse had occurred.

The allegations were first reported to authorities on July 15, 2024, when Jonathan (JJ) Lewis, social worker and former RE-1 school board candidate, reported it to Child Protective Services. CPS reported the alleged abuse to the Cortez Police Department.

Lewis’s report further alleged that the Montezuma-Cortez Board of Education was made aware of the reported abuse during an executive session of the school board meeting in May, right before the teacher was fired.

After multiple attempts to verify whether or not school board members are considered mandatory reporters through the Colorado Association of School Boards and the Colorado Department of Education, it is still unclear whether board members are mandatory reporters.

Former district HR Director Cynthia Eldredge also provided a recording of a phone call to police after Lewis’s report. In the recording, Burris was heard detailing the alleged abuse to Eldredge. He forbade Eldredge from reporting the abuse and was thought to be intoxicated during the call, according to police.