Vail homicide trial is delayed again
Aspen, CO Colorado
EAGLE, Colo. – The trial date for the case against Richard “Rossi” Moreau, who is charged with murder and seven other felonies for the Nov. 7, 2009, shooting of a Carbondale doctor at a West Vail bar, was delayed until July 8 at a pre-trial hearing Wednesday afternoon.
The trial delay is the second in the case, which was originally set to go to trial in September 2010. District Attorney Mark Hurlbert told Judge R. Thomas Moorhead Wednesday that the postponed trial date of Feb. 4 would be too soon.
“We feel we could not go forward with the trial on February 4,” Hurlbert said.
Public defenders Dana Christiansen and Reed Owens waited for mental health expert reports for several months, which has caused the postponement of several hearings since last fall. Hurlbert said that since the district attorney’s office just received copies of those expert reports on Dec. 16, that there simply isn’t enough time to prepare for a February trial date.
Deputy District Attorney Steven Mallory filed a motion Wednesday for specific discovery in the case, including records from a three-and-a-half hour psychological interview with Moreau from last January, medical records, military records and cell phone messages Moreau left with his friend and psychologist Darlene Hoffman on the night of the shooting, among other interviews and records.
The requests involve information that the defense’s mental health expert relied upon for his diagnosis.
Hurlbert said that some of the items requested could be obtained quickly, while others could take some time, citing yet another reason the February trial date would be too soon. Christiansen and Owens did not object to a new date.
Moreau appeared in court dressed in blue jeans, a collared shirt and tweed blazer. While chatty with his attorneys as he entered the courtroom, he did not look toward the courtroom’s public seating area, where the widow of the man Moreau is accused of killing sat quietly with a victim’s advocate.
Lani Kitching, of Carbondale, was there the night her husband, Gary Kitching, died. She was hiding behind a couch about 10 feet away when her husband was shot in the chest, left thigh and arm, according to police reports.
Video surveillance from the shooting shows Lani Kitching stand over her husband for a brief moment as police escort her away from the scene.
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