\u201cMr. Peltier has failed to appear,\u201d Chief District Court Judge Doug Walker told a public defender via telephone. \u201cA bench warrant will be issued.\u201d<\/p>\n
Walker then attorney Kenneth Pace that he had one hour to produce his client in court. The arraignment hearing was postponed, and Walker stepped down from the bench.<\/p>\n
A bailiff quickly informed District Attorney Will Furse that he thought the defendant was standing outside the courtroom. Charged with possession of a controlled substance with intent to distribute, possession of a controlled substance and possession of drug paraphernalia, Maynard Peltier, 61, of Dolores appeared moments later.<\/p>\n
\u201cAll rise,\u201d a court reporter instructed as Walker returned to the bench.<\/p>\n
Peltier\u2019s arraignment hearing on Thursday, May 8, resumed with Pace entering a not guilty plea on his client\u2019s behalf. A trial was scheduled for Sept. 3, and a motion\u2019s hearing was set for July 10. Pace indicated he\u2019d likely file a motion that would require a hearing.<\/p>\n
\u201cWe anticipate an evidentiary hearing regarding the scope of the traffic stop,\u201d Pace told Walker.<\/p>\n
According to court records, Peltier was arrested on March 12. Authorities allege the defendant possessed 8 grams of methamphetamine found during a Colorado State Patrol traffic stop on U.S. 160 near Woody\u2019s Convenience Store.<\/p>\n
Records show a Cortez Police Department drug task force agent requested CSP to detain the defendant until a K-9 unit could arrive on scene. Peltier rejected a request by authorities to search his vehicle.<\/p>\n
A \u201cfree air sniff\u201d was conducted despite the defendant\u2019s objection, and the K-9 unit alerted on the passenger door of the vehicle, providing probable cause to search the vehicle, according to court records.<\/p>\n
In addition to meth, authorities seized $1,000 in cash, a ledger with dollar amounts, a meth pipe, digital scales, a spoon and multiple cell phones, according to court records.<\/p>\n
On Thursday, Peltier also faced a violation of his bond condition after failing a drug test on April 10. Pace argued that his client should not face additional charges; stating Peltier had remained sober since testing positive for meth last month.<\/p>\n
\u201cRelapse is part of recovery,\u201d Pace said.<\/p>\n
Furse indicated he opposed formal action to revoke the defendant\u2019s bond.<\/p>\n
\u201cWe would request some form of judicial admonishment to ensure the defendant follows court orders,\u201d Furse said.<\/p>\n
Walker agreed, sternly instructing the defendant to avoid any drugs or alcohol while awaiting trial.<\/p>\n
\u201cThis is not my only option,\u201d Walker told Peltier. \u201cIf you refuse to sustain from drugs, then I can place you in jail.\u201d<\/p>\n