Prosecutors dropped 10 of 17 fees versus well known midvalley chiropractor Dr. Dave Jensen on Wednesday even though a protection attorney contended the total situation should be tossed mainly because of a former Basalt cop’s alleged actions through the investigation.
Jensen originally confronted 21 felony and misdemeanor costs alleging he acted as a complicitor for a massage therapist in his workplace who allegedly sexually assaulted and experienced inappropriate sexual make contact with with feminine shoppers. Jensen was charged Aug. 18 through a grand jury indictment, a relatively unusual course of action that intended his legal professional didn’t have a probability to challenge evidence in a preliminary listening to. Jensen pleaded not responsible to all charges on Sept. 6.
Eagle County District Choose Paul Dunkelman reviewed the indictment through the tumble and dominated there was no possible cause for 4 of the 21 expenses versus Jensen. Wednesday’s hearing was set months ago to sort by means of what proof would be authorized and what would be prohibited for the duration of a 9-day demo scheduled to start off on Feb. 21.
As an alternative, the listening to was dominated by the Fifth Judicial District Lawyer Office’s surprise ask for to dismiss all counts versus Jensen and then file a new situation with just 7 counts remaining. Deputy District Lawyer Johnny Lombardi instructed Dunkelman the DA’s office wasn’t certain it could establish over and above a acceptable question 10 of the expenses experiencing Jensen.
“The new case would let the defendant the proper to a preliminary listening to,” the DA’s place of work reported in a movement to dismiss. “Further, the Persons have an moral obligation to not move forward on any rates wherever the evidence would be inadequate for a jury to convict a defendant.”
The alter in course followed explosive allegations by protection lawyer Kate Stimson that previous Basalt officer Thomas Wright allegedly presented “false statements” to a grand jury in a hearing that led to Jensen’s indictment.
“What I do believe potentially they see far more plainly by means of the challenges that have arrive up in this circumstance is that they have this detective Wright who created a sequence of bogus statements beneath oath to a grand jury,” Stimson mentioned. “So they have these complications with their scenario that are coming to mild.”
Lombardi acknowledged that the defense has introduced prosecutors with allegations versus Wright, “which we acquire seriously.”
“We do have to have added time to look into what has been raised to us,” he claimed.
Wright remaining the Basalt Police Division earlier this calendar year and now is a deputy with the Eagle County Sheriff’s Office environment.
Neither the material of Wright’s testimony in the closed grand jury listening to nor his investigative methods were talked over in depth on Wednesday for the reason that it was past the scope of the listening to. Dunkelman mentioned he was “struggling” with the thought of dismissing the situation altogether only to have the DA’s office environment file a new case with seven felony and misdemeanor fees and beginning the approach about.
“Right now I’m not granting the movement to dismiss,” he reported.
Refiling the situation could have theoretically finished up with it currently being assigned to a distinct decide. He claimed the sturdy allegations created by Stimson want to be addressed by him.
“If there is been misstatements in the grand jury — and all over again, I’m not creating that discovering — but if there is misstatements in the grand jury, I assume which is tackled by this court docket,” Dunkelman claimed. “I do not believe we get started more than. That is a huge deal if we have misstatements in a grand jury testimony.”
Instead of permitting the full case to be dismissed and partially refiled, Dunkelman allowed Lombardi to dismiss 10 counts from Jensen and keep the seven remaining counts in the existing scenario.
Stimson stated she will file a motion in just one particular week to dismiss the remaining seven counts. The DA’s place of work will have two weeks to react. Dunkelman set a listening to for Feb. 3. That listening to will emphasis on the investigation and Wright’s statements to the grand jury.
The circumstance commenced on Thanksgiving weekend 2021 when Nathaniel Gordon, a massage therapist at Jensen’s Get Well being Institute in the Willits space of Basalt, was arrested on suspicion of sexual assault on a client when treating her at the facility. Sooner or later, Gordon faced 21 counts and authorities claimed there were at minimum 10 alleged victims. His circumstance is winding by the criminal justice course of action.
Jensen was arrested 10 months following the investigation started. He originally faced the similar counts as Gordon, but as a complicitor. Lombardi claimed at a past hearing that Jensen despatched beautiful girls to Gordon for remedy and that Jensen unsuccessful to act when some females built promises about Gordon’s actions. There are no allegations that Jensen was associated in bodily activity.
Stimson mentioned at Wednesday’s listening to that the allegations have been harmful to Jensen’s standing and his company.
“This circumstance has definitely destroyed this man’s daily life and his loved ones, who is existing in the court, and lots of of his employees and individuals in the neighborhood,” Stimson mentioned.