Not guilty plea entered in downtown Glenwood Springs rape case |

Not guilty plea entered in downtown Glenwood Springs rape case

John Gardner
Post Independent Staff
Glenwood Springs, CO Colorado

GLENWOOD SPRINGS, Colorado – A Glenwood Springs man accused of allegedly kidnapping and raping a Denver woman nearly two years ago is headed to trial.

Matthew Donald Weaver, 24, pleaded not guilty to felony counts of second-degree kidnapping and sexual assault Thursday in Garfield County District Court.

Weaver is accused of forcing the woman into a narrow alley between the Catholic Charities and A-Team Realtors buildings, near the intersection of Grand Avenue and 10th Street in Glenwood Springs, and forcing her to have sex with him on June 21, 2008.

Ninth Judicial District Court Judge Daniel Petre set a five-day trial to begin Oct. 25. A pretrial motions hearing was set for Aug. 16.

Judge Petre ruled at a pretrial motion in April that sufficient evidence exists to support a trial in the case against Weaver. At that time, Weaver’s attorney, Mark Rubinstein, told the judge that he hoped that a resolution could be reached between the defense and prosecution avoiding a trial. However, resolution was never reached.

“We are here today to exercise Matthew Weaver’s right to trial,” Rubinstein told Petre Thursday. “He is pleading not guilty to all charges.”

Weaver has been held in the Garfield County Jail since his arrest on Jan. 9, 2010. Glenwood Police arrested Weaver 18 months after the alleged incident occurred, when the Colorado Bureau of Investigation returned a positive semen sample taken from the inside of the victim’s pants, identifying Weaver as a potential suspect. Prosecutors charged Weaver a few days later.

Glenwood Springs Police Detective John Hassell testified at a preliminary hearing in April that the victim told him that she knew Weaver and had spoken with him outside of a bar in Downtown Glenwood Springs minutes before the alleged incident.

According to the arrest affidavit, the victim told police that after the conversation with Weaver ended she continued south on Grand Avenue, when she was approached from behind at approximately 2:30 a.m. The victim told authorities that she was forcibly guided into the alley and raped. The victim also told authorities that she felt like she should try to fight off the offender, but that “she just froze,” the affidavit stated.

At a follow-up interview in 2010, the victim identified Weaver, in a photo lineup, as “Matt,” the man she spoke with moments before being assaulted. However, she was unable to positively say if Weaver was or was not the man who forced her into the alley and allegedly raped her.

Detective Hassell also testified at the preliminary hearing in April that Weaver’s wife, at the time, told him that she witnessed Weaver walking in the vicinity of the alleged crime scene around the time of the incident.

If convicted of the charges against him, Weaver faces life in prison.

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