Aspen kidnapping suspect’s drug tests raise concern

A Pitkin County judge on Monday expressed concern over the drug tests of Aspen kidnapping suspect Vanessa Leighton, who faces charges alongside co-defendant Nathan Keen for allegations of a July abduction.

Leighton appeared in person at the Pitkin County Courthouse with her attorney, Cameron Mackenzie. Mackenzie told the court that Leighton recently began working as a ranch hand, necessitating that she stay hydrated while working outdoors — according to Mackenzie, Leighton’s extensive hydration prompted two “dilute tests,” meaning tests that were so diluted they might not detect the presence of a drug, even if ingested. Those two tests were out of four she recently took. 

“The issue is hydration,” Mackenzie emphasized. “The random nature of the testing, combined with the fact that the testing center doesn’t open until 10 a.m. at the earliest, makes it difficult for her to avoid drinking water, which can affect results.”

The assault and kidnapping that led to the mandatory tests while out on bond allegedly occurred between July 5 and 7, according to a police affidavit. The two suspects allegedly forced an Aspen woman to travel with them up Independence Pass, where they are accused of threatening her with a handgun, physically assaulting her, spraying her with sunscreen and hand sanitizer, and verbally abusing her.

Mackenzie said that, with her employer’s support, Leighton is willing to undergo a hair follicle test through an independent lab to make up for the dilute tests. She also inquired about the possibility of oral swab testing, but noted that the court would need to authorize any switch from urine analysis to oral swabs.

District Court Judge Laura Makar told Leighton that no modifications would be made to the testing requirements at this time. 

“Ms. Leighton, you need to take this so seriously. There shouldn’t be back-and-forth about diluted results. The court will be very interested in how the next tests turn out,” Makar said.

Prosecutor Audrey Adgate said the defense is aware that drug tests can come back diluted, but added there are ways to prevent it. 

“I think the people would agree we do need a continuance, and this case is still under investigation and discovery is still forthcoming,” Adgate said. 

Keen appeared via Webex with his attorney, Kathy Goudy, who requested more clarity on the charges and additional time to respond.

“I am asking for a continuance. I need more specificity in the charges,” Goudy said.

Keen is due back in court on Dec. 15.

Keen was wanted for several days before he eventually turned himself in to authorities. After surrendering, he was held at the Pitkin County Jail and was released on Oct. 3, posting a bond that had been reduced to $45,000, payable in cash or through a surety. Co-defendant Leighton was released on Oct. 7 after posting her bond of $25,000, which had been lowered during an August hearing.

According to Makar, the defendants remain out on bond and must comply with several conditions. They are required to wear electronic monitoring devices, submit to drug and alcohol testing, and stay away from three locations frequently visited by the victim. In addition, permanent protection orders have been issued against both Keen and Leighton on behalf of the victim.

Leighton is next scheduled to appear in court on Nov. 17.