Montrose County DA sex offenses

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MONTROSEPRESS.COM THURSDAY

MONTROSE

November 4 2010

VOL 128, NO. 142 75 cents MONTROSE, CO 81401 www.montrosepress.com

AG: 3 women victimized by DA Serra hit with 7 charges, including sex crimes BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

GRAND JUNCTION — District Attorney Myrl Serra now is charged with seven crimes, including a felony sex offense and felony criminal extortion. A preliminary hearing has been set for 9 a.m. Feb. 11 in Montrose, and Serra’s arrest affidavit — detailing the case against him — is to be released this afternoon. After Serra’s Sept. 30 arrest on allegations of unlawful sexual contact and indecent exposure, investigators identified two more women whom the DA allegedly victimized, a state prosecutor said Wednesday. The Daily Press has determined that at least two of the three alleged victims work in Serra’s 7th Judicial District offices, at least one of them in Montrose. On Wednesday, state First Assistant Attorney General Robert Shapiro asked Mesa County District Judge David Bottger to increase Serra’s bond from $5,000 to $50,000. But Bottger agreed with defense attorney M. Colin Bresee: There is no reason to believe Serra would not continue to come to court as required. “The $5,000 bond is too low, given the alleged victimization ... (committed) while in a position of au-

thority over the alleged victims,” argued Shapiro, while acknowledging Serra is innocent until proven guilty. “The $5,000 bond is woefully inadequate.” The first charge against Serra — unlawful sexual contact as a Class 4 felony — could result in a term of up to life in prison upon conviction, the prosecutor said. After court, Shapiro told reporters that elements of the charge include physical force or violence, and that Serra would be required to register as a sex offender if he is convicted. Serra also was charged with criminal extortion as a Class 4 felony, misdemeanor unlawful sexual contact, three misdemeanor counts of indecent exposure, and official misconduct, also a misdemeanor. In court, for the purposes of a protective order, Shapiro provided the names of three women alleged to be victims of one or more of the offenses. A woman who previously sought restraining orders against Serra was not on that list. Her requests — made in 2008 and this Sept. 20 — were denied by judges in the local 7th Judicial District, who said the complainant failed to prove Serra was a danger to her. It wasn’t clear Wednesday whether prose-

JOEL BLOCKER / DAILY PRESS

Robert Shapiro, Colorado's first assistant attorney general, talks to reporters after District Attorney Myrl Serra's court hearing in Grand Junction Wednesday morning.

Meeting today to consider mutual agreement BY KATI O’HARE DAILY PRESS WRITER

JOEL BLOCKER / DAILY PRESS

District Attorney Myrl Serra, right, and his attorney, Colin Bresee, leave the courtroom after Serra's hearing in Grand Junction Wednesday morning. cutors consider her a victim in Serra’s criminal case. The Daily Press is not identifying any of the women because of the nature of their alleged victimization. Wednesday, Bresee contended the addition of alleged victims did not change the substance of the charges against Serra, so $5,000 was an appropriate bond. Bail is set to ensure a defendant’s continued appearance and compliance with court orders, and Serra has obeyed all bond conditions, Bresee said. “We don’t rush into court to increase bond because we add victims. Myrl has been very cooperative,” he said, calling the proposed new bond punitive and inconsistent. He further accused Shapiro of showboating by seeking the higher bond “knowing we have cameras upon us.”

Bottger agreed that bail’s primary purpose is to ensure appearance at court. “No one has given me a reason to fear he won’t come to court proceedings,” the judge said. “Though the number of charges has changed, the seriousness has not.” Clearly, Serra is no longer in a position that would facilitate commission of similar crimes, Bottger said. Serra is prohibited from accessing firearms and also barred from any building in the 7th Judicial District where his offices are housed, with the exception of court appearances in his case. All major court hearings, including the February preliminary hearing, are to be in Montrose, Bottger said. Shapiro would not discuss the specific allegations that led to charges against Serra. SEE SEX CRIMES, PAGE A3

World champion kayaker talks about river corridor BY KATI O'HARE DAILY PRESS WRITER

MONTROSE — A whitewater park is "not just for the guy on the river, but for the whole community," says Scott Shipley, a world champion kayaker and veteran whitewater park designer. Shipley spoke Wednesday to a crowd of about 50 about the Uncompahgre River's potential for a park. The discussion was part of a follow-up presentation about the city's ongoing Uncompahgre River Corridor Master Plan process. SEE CORRIDOR, PAGE A3 KATI O'HARE / DAILY PRESS

Scott Shipley, world champion kayaker and veteran whitewater park designer, talks about the Uncompahgre River's potential for a whitewater park.

Published for the Uncompahgre Valley and John Witt of Montrose

MONTROSE — Montrose County and the Montrose Memorial Hospital trustees may have worked through their differences outside of court. The county announced a special meeting at 9:15 a.m. today at the commissioners’ board room, 161 S. Townsend Ave., to consider and possibly authorize Commissioner Ron Henderson’s signature approving a settlement agreement to withdraw the trustees’ motion for a preliminary injunction and dissolve their temporary restraining order against the county “in order that the parties may pursue a complete settlement of all issues.” “The Board of County Commissioners and the Hospital Board of Trustees intend to engage in discussions at tomorrow’s meeting to come together and reach an agreement to guarantee that Montrose Memorial Hospital remain the finest hospital in this region for years to come,” county Commissioner Gary Ellis said in a news release. The county later corrected that statement, however, saying the trustees are not to attend today’s meeting. Calls to the hospital board were not returned as of press time, and the county would respond only in its press release. The two parties were to meet in court Friday for an evidentiary hearing on the restraining order and again on Dec. 14 for a preliminary hearing on the injunction, but those court SEE HOSPITAL, PAGE A2

Colo. Democrat Bennet re-elected to U.S. Senate KRISTEN WYATT ASSOCIATED PRESS

DENVER — U.S. Sen. Michael Bennet narrowly defeated tea party Republican Ken Buck early Wednesday, allowing Democrats to hold onto a Senate seat once viewed as a prime opportunity for GOP gains. Bennet provided a Michael Bennet crucial firewall during midterm elections in which the GOP made a historic surge. But his win looked anything but certain. The race attracted more out-of-state campaign money than any other Senate contest this year, prompting a stream of vicious attack ads as both parties viewed the contest as the one that could tip the balance of power in Washington. Buck, an affable campaigner whose folksy charm launched him over a betterfunded Republican primary opponent, had a small lead heading into the election, according to many polls. SEE SENATE, PAGE A2

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Hospital, county may have resolved differences

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Local News: Local judge retention results Page A2 Area law enforcement blotter Page A3

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