Barton's lawyer wants new judge in wildfire case

0 Comments | Gazette, The (Colorado Springs), Mar 13, 2003 | by JEREMY MEYER

A Denver public defender wants the 4th Judicial District judge in Teller County who sentenced Terry Barton to 12 years in prison for starting the Hayman fire to step down from the case and rescind the sentence.

Barton's attorney, Sharlene Reynolds, filed the motion Wednesday with the 4th Judicial District Court based on revelations Judge Edward Colt made during a March 5 sentencing hearing.

Before sentencing Barton in a Cripple Creek courtroom, Colt said he took his dogs and fled his Teller County home for a night because smoke was thick in his neighborhood. He said he spent an evening helping out at a Salvation Army truck during the fire.

Colt sentenced Barton, who pleaded guilty to fourth-degree arson, to the maximum in the state case against her.

Upon Reynolds' objections, Colt said he didn't lose any property in the fire, which never came closer than 10 miles to his home.

Reynolds said this was akin to being a victim and Colt should have recused himself from the case. At the least, Colt should have told prosecutors and the defense about his experiences with the Hayman fire, the largest in state history.

She said she would have asked for a different judge.

"At the very least, there is an appearance of impartiality," Reynolds said. "Judge Colt believed it necessary out of fear for his own safety and that of his dogs to flee his home for an evening and seek refuge in Colorado Springs due to a fire caused by Ms. Barton. He affiliated with the victims who were displaced by the fire by providing them food and supplies."

Reynolds said judicial standards dictate judges should recuse themselves if an appearance of bias exists. She said Colt's revelations exceeded that standard.

Colt will review the motion, and if there are grounds for disqualification, he must recuse himself.

If that happens, the case would go to a different 4th Judicial District judge. Barton's sentence would be lifted temporarily, and she would face another sentencing hearing. She has been sentenced to six years in a federal case and will begin serving that sentence March 24.

In both cases, Barton, a former U.S. Forest Service worker, admitted to setting a letter ablaze, which ignited the Hayman fire June 8. The fire spread to 137,000 acres across four counties.

In the federal case, Barton will serve the full six years because there are no provisions for time off for good behavior.

Under the plea agreement in the state case, she'll serve her state time along with her federal sentence.

It's possible Barton could serve less than five years of her state sentence with good behavior. Any decision to cut her time in state prison after her federal sentence has been served would be made by the state's parole board.

CONTACT THE WRITER: 476-1623 or jmeyer@gazette.com