Special prosector to handle Parachute rape case

Step taken to avoid conflict of interest in alleged rape case involving a former Parachute Cop

By Pete Fowler
Glenwood Springs, CO Colorado
May 1, 2008

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GLENWOOD SPRINGS, Colorado — Prosecutors asked for a special prosecutor Wednesday to handle the case of a former Parachute police officer accused of rape.

Kristopher Joe Duncan, 25, of Battlement Mesa, appeared in court briefly wearing cargo pants, boots and a blue and white striped collared shirt. Deputy District
Attorney James Leuthauser said his office has filed a motion for a special prosecutor.

Reached by phone, District Attorney Martin Beeson said he decided to seek
appointment of a special prosecutor out of an abundance of caution. It’s not required
by law in this case, he said, but it could help avoid an actual or apparent conflict of
interest.

“In a case like this where it’s one law enforcement agency against another law
enforcement agency in the same judicial district I just deem that it’s probably best and
cleaner if we have somebody else take care of the case,” he said.

It wasn’t decided Wednesday which DA’s office would prosecute the case.

Defense attorney Greg Greer walked into the courtroom to represent Duncan. He
declined to discuss details of the case but offered this prepared statement:

“A different picture usually emerges after initial allegations are closely examined and
put to the test of evidence and investigation. I expect this case to follow that rule.”

Garfield County deputies arrested Duncan April 18 on suspicion of second-degree sexual assault. He was initially held in the Pitkin County Jail, farther away from
Parachute than the Garfield County Jail, for his own protection. He posted a $7,500 bond last week.

The Grand River Medical Center had reported it was treating a patient who said she
was sexually assaulted by a Parachute officer.

The alleged victim and a group of people including Parachute Police Officer Prince
Whiting were at Duncan’s apartment playing video games late at night. Duncan is
accused of making repeated unwanted advances and raping the woman after she
was trying to sleep around 3 a.m., according to an arrest affidavit.

The woman was afraid and didn’t try to fight him off because he was a police officer
and a “really strong” ex-Marine, the affidavit says.

The affidavit contains no information about statements from Duncan. It says a nurse
conducted a rape examination and found no signs of trauma and was unable to
determine whether the woman recently had sex.

Duncan’s number was unlisted and someone at the Parachute Police Department
said they don’t have a contact number.

Duncan was hired Feb. 1 and was still an officer-in-training when he was terminated
the day of his arrest. He’ll appear again June 4 for formal filing of charges.

Contact Pete Fowler: 384-9121pfowler@postindependent.com







Post Independent, Glenwood Springs Colorado CO