DENVER, Colo. — A Denver District Court judge ordered a woman with no criminal history, no income and caretaking responsibilities for an ailing elderly friend to remain in custody after denying her release on personal recognizance, despite defense arguments that her case had been headed toward diversion. Judge Anita M. Schutte reinstated a bond the accused previously could not afford.
The hearing took place at the Lindsey-Flanigan Courthouse. The accused is charged with two counts of a Class 3 drug felony. She appeared in custody following her arrest on a warrant issued after a lengthy period of failure to appear.
Deputy Public Defender Kristen Lau, who told the court she had entered the case only the day before, asked Judge Schutte to release the accused on a personal recognizance bond. DPD Lau noted that the accused has no criminal history apart from one pending municipal matter from 2022, which appeared to have been resolved with time served.
DPD Lau said the accused committed no new law violations and had no police contact during the entire time the warrant was outstanding.
DPD Lau then described the accused’s circumstances to the court. The accused lives in Golden as the caretaker for a 73-year-old friend with diabetes whose health is “very precarious” following a recent 30-day hospitalization, and the accused herself suffers from advanced degenerative disc disease.
The accused previously received Social Security benefits, DPD Lau said, but stopped receiving income because of an issue stemming from a prior incarceration. The accused also lost both her mother and her husband of 25 years several years ago and has been attempting to support herself alone since.
DPD Lau told the court the accused had attended multiple warrant forgiveness events, but “because of her sort of inexperience with the system, she was scared and didn’t know how to handle this warrant.”
DPD Lau added that the case had previously been headed toward resolution without a conviction. The prior plan was to screen the accused for diversion, and if diversion did not work out, the offer was a deferred judgment with a stipulation to probation.
Deputy District Attorney Brendan Richards acknowledged the accused “didn’t have much criminal history” beyond the municipal matter and conceded there were no new law violations during the failure-to-appear period. Citing the length of that period, however, the DDA requested a bond of $7,500 cash, property or surety.
Judge Schutte echoed that concern, stating the length of time the accused remained on failure-to-appear status was the issue. The judge reinstated bond at the previously set amount of $5,000 with a $500 cash-only option.
The accused reserved her right to a preliminary hearing while waiving the 35-day rule, and DPD Lau asked to set the matter for a status hearing as soon as possible. Lau told the court that, given the charges and the offer previously extended, the case could be resolved quickly.
Judge Schutte set the matter for a status hearing Aug. 13 at 8:30 a.m. The accused remains in custody unless she can post $500.
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