Aspen trespass trial postponed
October 4, 2012
ASPEN – A judge Wednesday postponed a trial that had been set for today and Friday for a former ski instructor accused of trespassing on Aspen Skiing Co. property.
Pitkin County Judge Erin Fernandez-Ely said Lee Mulcahy’s failure to attend a status conference scheduled for last month fueled her decision to put off the trial. Mulcahy said he was in Africa at the time of the hearing he missed and thought it was scheduled for Wednesday.
Instead, the judge said issues with the case need to be formally discussed before the trial goes before a jury. She set a status conference for Dec. 11, with tentative plans to reset the trial for some time in February.
Skico fired Mulcahy and banned him from company property in February 2011. The company said it was for multiple infractions of company policy. Mulcahy claimed it was because he criticized company practices and talked to other instructors about forming a union.
This past February, a deputy cited Mulcahy on suspicion of trespassing when he allegedly taped up a court notice at Skico’s offices at the Aspen Business Center. The notice regarded a lawsuit that Mulcahy filed against Jim and Paula Crown, members of the family that owns Skico.
Mulcahy told the judge that he believes that Skico acted in a “retaliatory” manner and violated his constitutional rights by implementing the ban.
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“It’s a complex issue,” the judge said.