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Defense attorney calls cap on investigator fees limitingBy Joyce TrentGazette TelegraphA judge refused to dismiss charges Thursday against a suspect in 10 sexual assaults, despite an argument that a state cap on investigator fees would prevent adequate representation for the man.District Judge Douglas Anderson admitted the limit on court -appointment fees can cause problems. But he agreed with Chief Deputy District Attorney Robert Brown that the request was premature.He said defendant Frederick Jones hasn’t been prejudiced yet.By ordering Jones to trial, Anderson took a stance opposite that of Judge Matt Railey.Railey dismissed drug charges against a suspect in a major drug ring last December, saying the new state cap on court-appointed attorney fees was too low for the attorney to provide adequate representation.His decision sparked a public outcry and was appealed by the District Attorney’s Office. The Colorado Supreme Court has agreed to hear it.Attorney Terry Perlet argued a different issue in his request to have Jones’ case dismissed.He said he knew the fee limit when he accepted Jones’ case,and was willing to abide by it.“But I’m unable to hire an investigator because they are limited to $1,500. The investigator says he just cannot do it forthat.”Perlet said he can’t interview witnesses himself because that would put him in the position of being a witness the prosecution could call.“This is an extremely complex case,” Perlet said. “It is imperative that I have an investigator. The Supreme Court has been knocking lack of pre-trial preparation recently and it is being regarded as almost malpractice not to have an investigator.”Brown suggested Perlet find one who would work for $1,500. “I looked in the Yellow Pages and I see there are 25 private investigators in town.”Brown said the judge shouldsign an order for the fee he believes appropriate and if the state won’t pay it, allow the investigator to get a judgment against the state. ,It might be a little difficult to enforce, but if it is a court order it can be enforced.”Anderson signed an order foi$ 1,500 and told Perlet to see what he could do with it.Anderson also refused to reduce Jones’ $150,000 bond.Jones is charged in four of tl cases and is a suspect in six others still under investigation.All but one of the victims wa plucked off the street and force to have sex. In some cases a gui or knife was used, police said.Prosecutor Kim Kitchen said he should be kept in jail to prevent the victims from being threatened and other women from being assaulted.
Newspaper Details
Colorado Springs Gazette Telegraph
Colorado Springs, Colorado, US
Fri, Jan 22, 1988
Page 14
Full Page
Clipped by
Laura S.
GA, USA 07 Aug 2020
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