No ‘contempt’ sentencing today for public defender who refused to go to trial during pandemic
A public defender found in contempt of court for refusing to go to trial, citing the risk of coronavirus transmissions in court, will learn his penalty next month.
Fourth Judicial District Judge Robert Lowrey, who imposed the sanction against Adam Steigerwald in late October, rescheduled the sentencing hearing for Jan. 25. The postponement, initially approved on Thursday, marked the second time Lowrey has pushed back sentencing at the request of Steigerwald’s attorneys. Steigerwald faces up to six months in jail and a possible fine.
Steigerwald has been practicing law since 2008 and is known for representing Teller County killer Patrick Frazee, who is serving a life sentence in prison after being convicted at trial last year of fatally beating his fiancee Kelsey Berreth in 2017 in her Woodland Park condominium. The attorney has no prior disciplinary history.
He was found in contempt of court Oct. 27 after refusing Lowrey’s order to come ready to a defend a client ordered to trial in a felony assault case. The lawyer had requested a postponement and then a mistrial, pointing to surging infections that he said made a trial in El Paso County unsafe. Lowrey denied the motions and ordered trial to proceed, setting up an impasse in court.
The sanction came days before the El Paso County jail reported the start of what became a record-setting outbreak that infected dozens of workers and more than 800 inmates. The first positive tests were received Oct. 26, sheriff’s official said, a day before Steigerwald was sanctioned. Because jail inmates frequently appear in court, the outbreak led the Pikes Peak region’s top judge to cancel all new trials through the end of the year. Additionally, the judge overseeing the trial of a man charged in the double murders of two Colorado Springs teenagers halted testimony for two weeks after an unspecified COVID-19 exposure.
Active infections at the jail have narrowed to 23 inmates and 9 employees. Trials in El Paso and Teller counties are expected to resume Jan. 11.
During Steigerwald’s appearance Thursday, Lowrey also denied a motion by the El Paso County District Attorney’s Office to remove Steigerwald and the Public Defender’s Office, and appoint new attorneys in the assault case.
The judge said he found no conflict of interest meriting Steigerwald’s removal and cited the defendant’s “strong” preference that he remain on the case.
Lowrey’s move to discipline Steigerwald in October unleashed fresh criticism from lawyers who say their health is in jeopardy in the El Paso County courts, arguing that safety varies by courtroom depending on how seriously each judge considers the disease. Fourth Judicial District Chief Judge Will Bain has defended his coronavirus plan, which limits some court functions, and requires masks and frequent disinfection of courtrooms during in-person appearances. Bain said the protocols apply to each courtroom.
In late October, the Colorado Criminal Defense Bar argued that inconsistency was a problem across the state, blaming state Supreme Court Chief Justice Nathan Coats, who has given chief judges in the state’s 22 judicial districts wide latitude to craft individual responses during the pandemic.
Coats’ approach led to a “shambolic mess” when it comes to public health, the association’s letter said. A spokesman for Coats previously said the judge declined to comment.