Lawyer seeks closed hearing in Aspen drug case
The Aspen Times
Aspen, CO Colorado
ASPEN ” A defense attorney in a drug case said she wants an upcoming hearing closed to the public because potential statements could prevent her client from receiving a fair trial.
Lauren Maytin of Aspen filed a motion Friday in Pitkin County District Court to close a suppression hearing for Malachi Mulcahy. He is charged with multiple counts in connection with his arrest in August.
The most egregious is possession of a schedule II controlled substance, a felony that carries a potential penalty of 18 months in prison.
“Some of the statements involved in the suppression hearing are of a sensitive nature and of interest to the community,” the motion states. “This will increase the propensity for the alleged statements to be reported, read, and disseminated to the community of potential jurors.”
The suppression hearing “is to no avail if the statements are publicized and the potential jurors have knowledge of the suppressed statements,” Maytin wrote. “Furthermore, there is no way to insure that the suppressed statements, if reported upon by the media, will not be republished by the media on the eve of trial, thereby refreshing the jurors’ memories.”
Maytin could not be reached for comment. A hearing on the motion is set for 3 p.m. June 1 in Pitkin County District Court. Prosecutors have until May 1 to respond to the claim.
Aspen police arrested Mulcahy on Aug. 25 following a traffic stop at Hunter and Main streets, court records show. A search allegedly turned up cocaine.
He also is accused of possession of drug paraphernalia and three traffic offenses in connection with the incident. Mulcahy, 25, is free on $5,000 bond.
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