Attorneys to ask to postpone hearing to gather evidence in Mueller case
December 7, 2011
ASPEN – An attorney for Brooke Mueller said Wednesday he will ask a judge to postpone her court hearing scheduled for Dec. 19, during which time she is supposed to be advised of charges connected to cocaine possession and assault.
Yale Galanter, who has yet to enter his formal appearance on behalf of the tabloid celebrity, said he will seek the delay so that he and Aspen criminal-defense lawyer Richard Cummins can gather evidence linked to Mueller’s early Saturday morning arrest. Galanter said his goal is to have Mueller’s first appearance set after the new year.
Among the evidence Galanter said he and Cummins are trying to collect is surveillance from the Belly Up Aspen nightclub, where Mueller, 34, of Los Angeles, allegedly assaulted a female patron before heading off to another downtown Aspen bar, Escobar.
Aspen police, responding to a complaint from the Belly Up about the assault, tracked down Mueller at Escobar and arrested her outside of the club. She also was allegedly found with between 4 and 5 grams of cocaine. A source, speaking to The Aspen Times on the condition of anonymity, has said that Mueller denied having used the cocaine and was sharing it with friends.
“I can tell you that Brooke has steadfastly denied it was hers,” Galanter said.
She faces charges of misdemeanor assault and felony possession of cocaine with intent to distribute.
Recommended Stories For You
“There is definitely a video from Belly Up,” Galanter said. “I’ve been told it is in a vault and they won’t be releasing it” to the media.
That’s not the case with the video from the Escobar, which tabloid website TMZ posted over the weekend. The video shows Mueller dancing at the club before she was arrested.
“We don’t know if [the prosecution] will consider that evidence,” Galanter said. “We don’t know if we’ll consider it evidence.”
Ryan Chadwick, managing partner of Escobar, said the nightclub released the video to TMZ after the website asked for it. He said Escobar received no financial compensation for the video.
“They called us and asked for it, and we just wanted to prove that she was not arrested in Escobar,” Chadwick said, saying that initial reports incorrectly said the arrest took place at the bar. “She left the club without handcuffs on her.”
Chief Deputy District Attorney Arnold Mordkin said Escobar’s release of the video will not affect the prosecution’s case.
“We have no control what private people do with their property,” he said in reference to Escobar’s release of the video.
Earlier Wednesday, Mueller’s representative Steve Honig issued a statement saying that “Mr. Galanter will vigorously defend Brooke with the goal of having all charges dropped once the facts of the case come to light.”
Galanter, speaking to The Aspen Times, said, “It’s too early to say what will happen. We just want to get Brooke the help she needs.”
Chadwick, meanwhile, said, “This is not exactly the kind of publicity we wanted. We don’t want people to think it’s a place where people come to do drugs. People dance here and have fun.”
Mueller returned home to Los Angeles on Monday with the permission of Pitkin County District Judge Gail Nichols. Mueller, the ex-wife of actor Charlie Sheen, reportedly is spending time with the former couple’s twins, Bob and Max.
“Contrary to reports in the media, there will be no changes in the custody arrangement; the children are remaining with Brooke. Both Charlie and Brooke’s mother have offered to support Brooke in any way they can,” Wednesday’s statement said.