Separate Trials to Be Held in Basalt Sex Case |  New

Separate Trials to Be Held in Basalt Sex Case | New

A choose on Friday dismissed a movement to mix the trials of Nathaniel Gordon, a Basalt therapeutic massage therapist who faces 21 costs associated to alleged sexual contact with shoppers, and Dr Dave Jensen, who runs the enterprise the place Gordon operated and faces costs as an alleged confederate.

The Fifth Judicial District Legal professional’s Workplace sought to mix the circumstances for better effectivity and in order that the 11 alleged victims wouldn’t be compelled to testify twice in separate trials.

Assistant District Legal professional Amy Padden mentioned the prosecution should present proof that the sexual assaults came about in each circumstances, although Jensen doesn’t face allegations of bodily participation in a sexual assault. After offering this proof, the prosecutor’s workplace must additional show that Jensen was complicit as a result of he allegedly referred “engaging ladies” to Gordon’s therapeutic massage remedy, realized of sexual misconduct complaints, and didn’t act, Padden mentioned.

She claimed that Jensen filed complaints from a few of the alleged victims, however ignored some and refused to behave on others.

“Dr. Jensen had details about these complaints and he did nothing about them,” Padden mentioned through the listening to.

She informed a two-hour listening to that combining the circumstances was legally justified as a result of the lads are suspected co-conspirators.

Jensen’s attorneys, Kate Stimson and Carey Bell, opposed becoming a member of the circumstances. Bell mentioned a few of the proof in opposition to Gordon would seemingly not be admissible in a Jensen trial. It will create an issue if the circumstances had been mixed and just one trial came about, he mentioned.

Bell claimed there was no proof that Jensen was working with Gordon.

“There should be one thing exhibiting that Mr. Gordon and Dr. Jensen agreed to enter right into a conspiracy for Mr. Gordon to commit sexual assaults,” Bell mentioned. “And there’s no proof that they ever communicated or did something like that. The one principle put ahead by the prosecution relies on these statements by these ladies.

“(Prosecutors) have failed of their burden of exhibiting that there’s a conspiracy right here,” Bell continued.

If the trials had been mixed, a jury would initially hear proof on every of the 21 costs in opposition to Gordon, after which the prosecution would deal with Jensen’s alleged complicity. Bell claimed it will be unfair to Jensen.

“Dr. Jensen goes to get painted with that very same brush,” he mentioned. “The one solution to correctly overview it’s if now we have a separate lawsuit for Mr. Jensen.”

Gordon was an impartial contractor working as a therapeutic massage therapist on the WIN Institute of Basalt, a enterprise based and operated by Jensen, a well known chiropractor within the valley.

Gordon was arrested by Basalt police on November 24. He was charged with one rely of felony sexual assault and 9 counts of felony sexual interference in addition to 11 misdemeanors for alleged invasion of privateness. He pleaded not responsible.

Jensen was arrested in August after the district lawyer’s workplace offered the case in opposition to him to a grand jury. The grand jury indictment had the identical 21 costs in opposition to Jensen that had been filed in opposition to Gordon. The distinction is that Jensen will not be accused of bodily assaulting ladies. Jensen pleaded not responsible.

Each males have been out of custody since posting bond shortly after their arrest.

Jensen’s attorneys mentioned they had been reviewing piles of proof turned over by the prosecutor’s workplace as a part of the invention course of. This week alone, they obtained 4 terabytes of proof collected within the case, and extra are on the best way.

“At this level, Dr. Jensen would not know precisely what his protection can be,” Bell mentioned. “However there’s an excellent probability primarily based on what now we have to date and what has been indicated that we are going to in all probability obtain his protection to be, ‘Mr Gordon did this however I did not know. nothing and I am unable to be charged as an confederate. It is a state of affairs the place Dr. Jensen is pointing immediately at Mr. Gordon. You mainly have the prosecutor and the co-accused performing as prosecutors in opposition to Mr. Gordon. That is an antagonistic protection and that is another excuse for separating these two trials.

Padden countered {that a} jury in a mixed case ought to decide whether or not Gordon dedicated the sexual assaults and whether or not Jensen aided, abetted or abetted Gordon’s actions. Particular directions might be given to jurors about what data they need to think about when reviewing circumstances in opposition to co-defendants, she mentioned.

“It isn’t very complicated in any respect,” Padden mentioned. “I respectfully submit that the jury can very simply apply this instruction because it applies to Dr. Jensen.”

Eagle County District Choose Paul Dunkelman peppered the attorneys with questions on how a joint jury trial can be performed. Earlier than ruling, he famous {that a} mixed case might be prejudicial to the prosecution as a result of, as a choose, he would watch out to not enable any prejudicial proof in opposition to both co-defendant. So if the proof was prejudicial to Jensen however not Gordon, it might be excluded from the trial, he mentioned.

This foreshadowed his determination later within the listening to. Dunkelman mentioned severance of circumstances is necessary when proof in a single case is inadmissible within the different. He mentioned he was conscious of the proof in opposition to the 2 males that will be inadmissible in a mixed trial.

Dunkelman additionally decided that Gordon’s and Jensen’s defenses are more likely to be completely different.

“These are very adversarial defenses,” he mentioned in his ruling that the circumstances would stay separate.

Gordon was scheduled to attend a listening to on the motions on Monday earlier than one other choose, however Padden informed the court docket on Friday that the choose had indicated the listening to wouldn’t happen. Padden mentioned Gordon’s lawyer had filed a movement to withdraw from the case and that matter wanted to be resolved earlier than hearings on the motions might transfer ahead. Gordon was represented by Sherry Caloia in earlier hearings.

As issues stand, Gordon is ready to go on trial on January 30. Jensen is scheduled to face trial on February 21.

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