GLENWOOD SPRINGS — Shawn Angell, accused of sexual assault and other felonies, has informed Judge Daniel Petre of his wish to change his plea to “not guilty by reason of insanity,” according to information on file with the 9th Judicial District’s court clerk’s office.
Angell, 44, had submitted a straight plea of not guilty at a hearing in late August, and his case was set for a two-week trial in February 2014.
But at a hearing on Thursday his attorneys have asked that the trial be delayed, according to the “minute orders” from a hearing before Judge Petre.
Angell, who is from Parachute, was arrested on March 24 by deputies with the Garfield County Sheriff’s Office, after they were dispatched to a location outside of Parachute on reports of a sexual assault.
He has been held in the county jail for 264 days on a bond of $1 million, on charges that include trespassing, sexual assault, kidnapping, illegal use of a stun gun and first-degree burglary.
According to the minute orders, deputy public defenders Elise Myer and Sara Steele, at a motions hearing on Thursday, asked the judge to delay both the motions hearing and the trial because of the recent filing of the proposed change in his plea, as well as a recent revelation that three tape recordings related to Angell’s arrest had never been delivered to Angell’s defense attorneys.
Steele told the judge her office would be seeking judicial “sanctions” against the district attorney’s office for not turning over the tapes earlier, and asked for more time to draw up the paperwork related to her office’s demand for sanctions, as well as motions concerning the request for a change of plea.
Deputy DA Steve Mallory argued that the delay was not a proper subject for sanctions, and DA Sherry Caloia wrote in an email to the Post Independent that the three tapes in question had not been turned over to her office with the original shipment of evidence from police.
Once the tapes were identified as missing and then delivered, Caloia wrote, “We made copies that day and provided them to the defense.
“The defense either never noticed they did not have them or chose not to ask us for them,” Caloia continued. “Had they done so we would have gotten them immediately and handed them over.”
Mallory, in court, also maintained that, while the defendant has waived his rights to a speedy trial, “the alleged victim also has rights to a speedy resolution to this matter,” according to the minute orders filed by the court.
The judge put off the motions hearing, but did not delay the trial and set filing deadlines later this month for upcoming hearings in the case. Petre also announced that he will rule on “certain scheduling decisions” at a case management conference on Jan. 3, 2014. That ruling is expected to address the question of whether the trial will be held in February or be postponed.