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.
Support Local Journalism
Support Local Journalism
Readers around Aspen and Snowmass Village make the Aspen Times’ work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.
Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.
Each donation will be used exclusively for the development and creation of increased news coverage.
Start a dialogue, stay on topic and be civil.
If you don't follow the rules, your comment may be deleted.
User Legend: Moderator Trusted User
Aspen community briefs: Marolt Trail closure, others this week; weekly Saturday running event returns
The city of Aspen parks department will temporarily close a section of the Marolt Trail between Marolt bridge and the Marolt housing complex Wednesday and Thursday.