Special Prosecutor Granted

The Mesa County District Attorney is appealing to the Colorado Supreme Court after being removed from the attempted murder trial of Sam Lincoln.

The defense filed a motion for a special prosecutor, because some of the attorneys at the D.A.'s office have in the past represented a few of the witnesses in the case and the defense argued that is a conflict of interest.

On Thursday, in his ruling, Judge Diester granted the motion removing the Mesa County District Attorney's office from the case. D.A. Pete Hautzinger says he is disappointed in the ruling. He also says the attorneys in his office represented the witnesses while they were in private practice, in cases that have nothing to do with the attempted murder case of Sam Lincoln. This is why he is concerned about the precedence this ruling could set.

Hautzinger says, " When you are in private practice, you have attorney-client relationships those people may or may not be witnesses for a prosecutor in the future, that's the main concern here and why all the D.A.'s across the state I have talked to are pretty alarmed by it. So we will be appealing it to the Supreme Court."

The trial was set to begin next week, but it will now be on hold until the appeal is addressed.

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