{"id":65601,"date":"2019-07-27T18:03:21","date_gmt":"2019-07-28T00:03:21","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/redwine-trial-date-called-into-question-after-defense-attorneys-arrest\/"},"modified":"2019-07-28T00:03:21","modified_gmt":"2019-07-28T00:03:21","slug":"redwine-trial-date-called-into-question-after-defense-attorneys-arrest","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/redwine-trial-date-called-into-question-after-defense-attorneys-arrest\/","title":{"rendered":"Redwine trial date called into question after defense attorney\u2019s arrest"},"content":{"rendered":"\n

\"Public
Public defender Justin Bogan notified the court Thursday that he and his co-counsel, John Moran, may have a conflict of interest by continuing to serve on the case against Mark Redwine, who is accused of killing his 13-year-old son, Dylan. Moran was arrested Sunday on suspicion of assault and domestic violence.<\/span>Jerry McBride\/Durango Herald file<\/span><\/figcaption><\/figure>\n<\/p>

Mark Redwine\u2019s trial may be delayed or moved in coming weeks after the arrest of one of his public defenders on suspicion of assault and domestic violence.<\/p>\n

Public defender Justin Bogan said Thursday that he and his co-counsel, John Moran, may be incapable of affording their client impartial legal counsel, an announcement that comes less than two months before Redwine\u2019s scheduled murder trial.<\/p>\n

The Durango Police Department arrested Moran on Sunday on suspicion of misdemeanor assault and domestic violence<\/a>.<\/p>\n

Sixth Judicial District Court Judge Jeffery Wilson acknowledged this week that Redwine\u2019s scheduled Sept. 17 trial may need to be moved out of La Plata County.<\/p>\n

Wilson said he\u2019s concerned publicity about Redwine\u2019s case, Moran\u2019s recent arrest and the time commitment required of jurors for a four-week trial may render the court unable to find a fair and impartial jury able to serve for a month. Moran did not appear Thursday in Wilson\u2019s courtroom.<\/p>\n

\u201cWe\u2019ve had high-profile cases in the past, but not like this one,\u201d Wilson said to Redwine during Thursday\u2019s hourlong status conference.<\/p>\n

Conflict of interest<\/div>\n

\"Moran\"
Moran<\/span>du1-i-syn<\/span><\/figcaption><\/figure>\n<\/p>

Moran, 42, was arrested on suspicion of pushing his former girlfriend\u2019s chair off a porch, causing her to fall to the ground, injure her arm and possibly hit her head, according to an arrest affidavit. He then sprayed her with a water hose to \u201cmake her stop screaming,\u201d the report says.<\/p>\n

Moran was allowed to post a personal recognizance bond, meaning he was released from La Plata County Jail on his word that he will appear for his scheduled court dates.<\/p>\n

Bogan said his \u201cmandate is to protect Mr. Redwine\u2019s rights,\u201d including his constitutional right to assistance of counsel and fair treatment through the judicial process. But in light of Moran\u2019s arrest, he expressed concern about his and Moran\u2019s ability to uphold Redwine\u2019s constitutional rights for a fair trial.<\/p>\n

The two have worked together for years in Durango\u2019s public defender\u2019s office, including almost two years investigating the Redwine case. The close working relationship in light of Moran\u2019s arrest may raise a conflict of interest for Bogan by association, he said. It may also cast a negative light over Redwine\u2019s case.<\/p>\n

Wilson said he wants to hear from Moran himself before making a decision about any conflict of interest.<\/p>\n

Other arguments<\/div>\n

Wilson did not order Moran or Bogan off Redwine\u2019s case, suggesting he needs time to review arguments before making a decision. But beyond the defense\u2019s argument, Wilson said he\u2019s concerned about Moran\u2019s ability to work on Redwine\u2019s case given his personal situation.<\/p>\n

Furthermore, defense attorneys would have to ask potential jurors about Moran\u2019s case, which could cast a negative light on the defense and make it more difficult to find an impartial jury, Bogan said.<\/p>\n

\u201cI do have grave concerns about going forward with this trial on Sept. 17 in this district,\u201d he said.<\/p>\n

Wilson ordered Bogan to file a written motion to accompany his oral argument by Tuesday. The court gave prosecutors seven days to file a written response to the defense\u2019s arguments and five days after that for defense counsel to reply.<\/p>\n

It could be Aug. 13 before the judge has all the arguments to make decisions, just five weeks before the scheduled trial date.<\/p>\n

\u201cTime is of the essence and this situation is pressing,\u201d Bogan said.<\/p>\n

Trial in September<\/div>\n

In the second half of the status conference Thursday, Wilson addressed prosecutors, who appeared by telephone, Bogan and Redwine as if the trial will start Sept. 17.<\/p>\n

The judge plans to call four jury pools \u2013 which will be about 1,200 jury summons \u2013 in hopes of finding 50 people who are able and willing to serve on a jury for a four-week trial. Those jurors would be subject to questioning by defense and prosecuting attorneys until a 14-person jury can be selected, which includes two alternates.<\/p>\n

Wilson said he hopes prosecutors and defense attorneys can agree on a jury within a week. If it\u2019s clear to the judge that a jury cannot be selected by week\u2019s end, he may revisit a defense argument to move Redwine\u2019s trial out of Southwest Colorado.<\/p>\n

Any defendant may ask the court to move a criminal trial to another judicial district for a number of reasons, all of which must show a reasonable likelihood that someone can\u2019t get a fair trial.<\/p>\n

Law enforcement arrested Redwine in 2017 in connection with the death of his 13-year-old son, Dylan. Prosecutors charged Redwine with second-degree murder and child abuse resulting in death in 2017. He\u2019s being held in La Plata County Jail on a $750,000 bail and must come up with about $112,500 to secure pretrial release.<\/p>\n

The 57-year-old faces 16 to 48 years in prison if convicted on either count.<\/p>\n

bhauff@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

defender says he and co-counsel may have a conflict of interest<\/p>\n","protected":false},"author":1,"featured_media":65602,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[28,1515,2822,4531,29,4259],"naviga_topic":[],"class_list":["post-65601","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-headlines","tag-judiciary-system-of-justice","tag-justice-and-rights","tag-mark-redwine","tag-newsletter","tag-newsletter-sign-up"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/65601","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=65601"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/65601\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/65602"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=65601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=65601"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=65601"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=65601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}