Ex-DA Myrl Serra - best sustained

November date set for Jahani trial Page A2

THURSDAY

MONTROSE

September 1, 2011

VOL 129, NO. 35 75 cents MONTROSE, CO 81401 www.montrosepress.com

Former DA found guilty on all counts Serra convicted of harassment, bond and restraining order violations

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

After three hours of deliberation, a jury on Wednesday convicted former District Attorney Myrl Serra of harassment, violating his bond conditions and violating a restraining order last year.

“We’re thankful for the hard work of the jury,” First Assistant Attorney General Robert Shapiro said in a brief statement after court.

“We’ve always respected the jury when they find someone not guilty, and we still respect them when they find someone guilty,” defense attorney M. Colin Bresee said. “They saw it the way they saw it. It was their call, not ours.”

Serra, 49, was convicted of the above charges in a Dec. 5, 2010, encounter with a woman

who worked in his office when he was DA. The woman, Jane Doe 1, is one of three office workers alleged to be victims in an earlier unlawful sexual contact case.

She said Serra came into a store where she was shopping on Dec. 5 and, despite a restraining order, “made a beeline” for her as she tried to avoid him by hiding behind a clothing rack. He then stared at her for several seconds and “smirked” in a way she found intimidating.

The verdict came down after a day marked by a defense motion for acquittal on the harassment charge and heated closing arguments that followed Sera’s testimony.

Serra had no idea Doe 1 was in the store and only went over to the clothing rack where she

over, face away from me, rattling shirts with both hands.”

The woman had hair and a body shape similar to only two people he knows: an ex-girlfriend, and Doe 1.

“I didn’t want any part of either of them,” he said.

He and his son hurriedly left that area, Serra said – a statement Shapiro would in closing arguments claim was not true, while Bresee and co-counsel Peter Albani contended the store’s surveillance footage corroborated everything to which Serra testified.

Serra said he avoided the rack and the area where it was.

“This was like North Korea or Afghanistan. It was a no-go zone. I didn’t want any false accusations,” he said.

He hadn’t “smirked” as Doe 1 alleged, he said.

“I left the area immediately. I did not say anything to that person. I did not want any contact with that person. It (encounter) was a heartbeat, that

Myrl Serra was because the movement of clothes she was reportedly shaking there caught his eye, he told the jury.

“I didn’t know what that was,” he said, explaining that he investigated, then paused “because I saw somebody behind the rack, a woman bent

Man severs toes after accident Hutt to appear on “Today” this Friday

MATT LINDBERG/DAILY PRESS

Jon Hutt of Montrose holds his 3-inch Trapper Old Timer pocketknife near his injured right foot on Wednesday morning at his home in Montrose.

Hutt cut off his toes on his right foot after they got crushed by a trailer earlier this month in San Miguel County. even lose his life if he waited around for help to arrive, Hutt reached into his pocket to find a tube of Chap Stick and 3-inch Trapper Old Timer pocketknife. He used the latter to saw away his toes.

Hutt started on the right side of his foot near the bottom of the joints of his toes and tried not to focus on the pain.

“I kept thinking that if I pass out or go into shock, I’m done,” Hutt said. “I didn’t want my wife and brother to find me out there like that.”

He said he cut for a few seconds at a time and stopped when it became unbearable. By the time he reached his big toe, his knife had grown dull from cutting through the nerves and tendons of the other four.

“I would do it until the pain got really brutal,” Hutt said.

He added he thought it took him 10 to 15 min-

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Helen Schneider of Montrose

CMU’s Montrose campus gets $150,000 check from hospital

COMICS . . . . . . . . . . .A10 WEATHER . . . . . . . . . .A11 OBITUARIES . . . . . . . .A11 WORLD . . . . . . . . . . .A12

Sports: Montrose boys golf back in action at Devil’s Thumb Page A4

The Montrose campus of the newly renamed Colorado Mesa University got a big boost to its capital campaign Wednesday when Montrose Memorial Hospital board members presented the school officials with a check for $150,000 to go toward the purchase of lab equipment.

“They think what is important is that local people go into (these programs), and they stay locally,” hospital CEO Dave Hample said.

The Montrose campus has an enrollment of more than 300 students and is quickly outgrowing its classroom space at the facility it shares with the Montrose Regional Library, according to CMU officials.

A full renovation of the facility totaling $1 million is underway, and that work includes a new science lab that features new and upgraded equipment for the nursing program. The equipment is expected to cost $400,000, so the newly acquired money is a big help, said Kristi Pollard, the university’s director of development.

The lab will be a major boost to CMU, as well, nursing teacher Cathy Feller said.

“It’s very exciting,” she said. “We’ll be able to do things that we are not able to do now.”

The lab will be designed to gave students the feel of a hospital room and will replicate the lab space at the Grand Junction campus, Pollard said. Currently, staff members and equipment have to travel to Montrose for lab work or students have to travel to Grand Junction.

“Right now, we don’t do as many interesting things,” Feller said. “It will be nice to have these critical-care tools so students can practice and feel more comfortable before SEE BOOST, PAGE A3

SEE LOGGING, PAGE A2

LOCAL . . . . . . . . . . .A2-3 STATE . . . . . . . . . . . . . .A3 SPORTS . . . . . . . . . . . .A4 NATION . . . . . . . . . . . .A5 CLASSIFIEDS . . . . . .A6-9

SEE GUILTY, PAGE A3

BY KATI O’HARE DAILY PRESS WRITER

BY MATT LINDBERG DAILY PRESS SPORTS EDITOR

Thinking it could be hours before anyone found him, Jon Hutt knew he potentially could lose his life if he didn’t get his right foot removed from under six tons of machinery sooner rather than later.

So the Montrose man pulled out his pocketknife, tore open his boot and hacked away his toes.

“I did what I felt I had to do,” Hutt said. “I don’t feel bad about what I had to do, because it could have been a lot worse.”

The ordeal has landed Hutt a trip to New York City, as he is tentatively scheduled to appear on NBC’s “Today” show Friday. In addition, ABC’s “Good Morning America” is sending a film crew to Montrose in the coming days to film a segment for the show, he said.

Hutt, who co-owns a logging business with his brother-in-law Martin Maloney, was collecting a pile of fallen Aspen trees to cut up for firewood on the morning of Aug. 19 in a remote spot in San Miguel County when the accident occurred.

He said it’s the first time in the nearly 40 years he’s been logging that he’s been the victim of an accident this severe.

Hutt arrived at the remote area on Specie Mesa, just a few miles away from Placerville, that morning around 8.

The Montrose man said he was standing near the rear-axle area of the truck when his logging trailer came lose and pinned his right foot near his toe joints.

“It hurt like hell,” Hutt said. “It was a big surprise to me. It felt like being caught in a bear trap.”

Hutt said he began yelling for help at a house 300 yards away, but had no success in alerting anyone. He had no cell phone service, either, and later found out no one was home at the house he had screamed at.

After 30 minutes, he said the pain had grown excruciating, so he sliced open his boot to survey the severity of the injury. He said his sock was soaked in blood, and his foot was becoming more swollen by the minute.

As Hutt typically did not return home from his logging trips until much later in the afternoon, he said he was unsure if his family and friends would come looking for him until it was nearly dark.

Fearing that he could cause further damage or

long,” Serra said, snapping his fingers.

Shapiro questioned Serra’s account of the store’s layout and fixtures, and later recalled to the stand the store’s manager, whose account differed from Serra’s.

Shapiro also wanted to know why Serra simply assumed the woman he saw was either Doe 1 or his ex; Serra said it didn’t require rocket science to discern that.

He admitted that, according to what others said in court, “I am a serial smirker. … I smile. I grin, I laugh, I smirk.

“When you’re telling the truth, you don’t have anything to answer.”

Shapiro told the jury that Serra deliberately tried to intimidate the woman, who he knew was going to testify at a preliminary hearing in his other case. (The jury did not hear the charges in that case; it was

JOEL BLOCKER / DAILY PRESS

Hospital board member Bill Bennett, left, Montrose Memorial Hospital CEO Dave Hample and board member Debra Harmon hand a check for $150,000 to Colorado Mesa University president Tim Foster, while university staff members and students look on Wednesday afternoon.

TODAY’S WEATHER Mostly sunny in the morning; partly sunny with a chance of showers and thunderstorms in the afternoon. Highs 85 to 95.

See details, Page A11

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LOCAL/STATE

MONTROSE DAILY PRESS

THURSDAY, SEPTEMBER 1, 2011

A3

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STATE IN BRIEF ▲ Colorado scaling back Medicaid coverage

Study suggests big changes for CO finances

DENVER (AP) – Colorado is cutting back on Medicaid coverage for poor adults without children because the estimated number of people has tripled.

State program manager Joanne Zahora said the program was based on 2-yearold estimates.

The state originally estimated there would be 49,200 people eligible for the program at a cost of about $200 million a year. That number has climbed to 143,000 people, with an estimated cost $1.7 billion.

According to the Denver Post, cutting back the program to 49,000 childless adults who qualify would still cost $770 million.

DENVER (AP) – Higher income taxes for the rich. Getting rid of public colleges or state crime labs. Changing Colorado’s constitution to enact a state property tax.

The University of Denver laid out some dramatic proposals Wednesday for state officials trying to repair an out-ofwhack financial situation that economists say threatens disaster unless the state makes big changes to taxation and spending.

A previous nonpartisan study by the university spelled out how Colorado is heading over a fiscal cliff because it has spending requirements and taxation limits that conflict. By 2025, economists say Colorado’s expenses could exceed revenues by some $3.5 billion.

DU economists say officials have no choice but to consider unpopular tax hikes and service cuts.

Colorado kidnapping fugitive arrested in Canada COLORADO SPRINGS (AP) – A Colorado Springs man wanted on kidnapping charges has been arrested in Canada.

U.S. Customs agents in New York say 49-year-old Todd Daniel Wilcox has been staying in Canada since 1997. They said he was recently arrested by Canadian authorities in Quebec on theft charges and deported back to the United States, where agents found out he was wanted on kidnapping charges.

Saguache doing public recount of fall elections SAGUACHE (AP) – Saguache County is doing a public recount of last fall’s vote following a critical report by the secretary of state, a statewide grand jury investigation and at least three lawsuits.

The recount was ordered by a judge af-

ter Secretary of State Scott Gessler tried in March to hold a public review. Clerk and Recorder Melinda Myers refused to turn over the ballots, arguing ballots are secret and that she couldn’t do so without a judge’s order.

A recount by the county reversed apparent victories by two Republican candidates and awarded them to Myers and Linda Joseph, both Democrats.

Feds announce funding for Denver rail lines ARVADA (AP) – U.S. Transportation Secretary Ray LaHood has signed an agreement committing $1.03 billion in federal funds for light rail lines in Denver.

One line will link downtown to Denver International Airport. The other will link downtown to the northwest suburbs of Arvada and Wheat Ridge.

The $1.03 billion award that LaHood announced Wednesday is the last piece of funding needed for the $2.1 billion Eagle P3 project, which includes both light rail lines and is part of the FasTracks program to expand transit in the Denver area. Local funds and privately arranged financing are funding the rest of Eagle P3.

The announcement comes as President Barack Obama is making a push for spending on infrastructure as a way of keeping construction employees at work.

GUILTY: Both sides thank jury for service FROM PAGE 1 only considering the harassment and related charges.)

Serra, he said, conveyed to Doe 1: “‘I am invincible.

Nobody tells me what to do in my town. You, Missy, you’re the one who needs to change.’ That’s the message the defendant was sending to a complaining witness.”

Shapiro reiterated to the jury that Serra was bound by the restraining order, not Doe 1.

“He hoped this type of behavior would intimidate her. The defendant took a free shot at being in a public place to take a shot at her,” Shapiro said.

Had Doe 1 invented the story, she would have made

BOOST: Colorado Mesa University gets money for lab equipment FROM PAGE 1 practicing at the hospital.”

Hample said that a good nursing program is important for a good hospital, and that’s why a continuing partnership between the hospital and the university is important.

“Our nursing program in Montrose is thriving in large part because of Montrose Memorial Hospital’s commitment to its success,” university President Tim Foster said. “We heard the community loud and clear when they asked for health-care programs at the Montrose campus, and this kind of support from a community partner really enhances what we do in the classroom and in the laboratory.”

Colorado Mesa University added a medical assistance program this fall and has a full class of 15 students, said Joey

Montoya Boese, Montrose campus director.

The class is part of a growing science program that includes a registered nursing program.

Boese said the university is exploring a medical technician program at the associate’s degree level and a possible medical technology four-year program, which would be similar to its four-year nursing program in which the first year’s classes are taken in Montrose and the degree is finished at the Grand Junction campus.

Currently, lab courses for those programs are held in Montrose High lab classrooms and must be scheduled in the evening, she said. Construction on the new lab should start by summer 2012.

more shocking allegations, but she didn’t exaggerate, Shapiro said. “She simply told you what happened in the store.” And what video footage there is corroborates the woman’s statements, he added, which proves she wasn’t lying about what happened off-camera by the clothing rack.

“He’s making up a story that suits his selfish, narcissistic needs,” said Shapiro said of Serra during a brief rebuttal statement given after Bresee’s closing arguments. Shapiro told the jury Serra’s account was “BS.” “His own fiction is the basis of his undoing,” he said.

Bresee hammered home instances in which he alleged Doe 1 had been inconsistent, and he also questioned the way the Colorado Bureau of Investigation handled the case.

The AG’s office was out to get Serra, Bresee told the jury, arguing a formal complaint was made only at the behest of First Assistant Attorney General Jean Woodford. After Serra’s first arrest (on the sex allegations) Sept. 30, 2010, Woodford had been appointed by the governor to oversee Serra’s office until a new DA was appointed.

“No crime has been proven. Nobody knows” what happened, Breese said. “Take a vote, and end this nightmare now.”

After the verdict, Shapiro argued for Serra’s bond to be revoked, saying Doe 1 and the other women were possibly in danger. He wanted a bond higher than the current $5,000 and tougher conditions.

Bresee said Serra hadn’t absconded since either the harassment or sex case was filed.

Judge David Bottger left the bond and its conditions as-is. Serra is free pending sentencing, a date for which has not been set.

That date should be determined when Serra returns to court for the sex case trial on Oct. 31.

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DENVER (AP) – Colorado ski resorts are spending millions of dollars on upgrades this year.

Vail Resorts is spending about $128 million in upgrades, including a new highspeed chair in Beaver Creek’s Rose Bowl and a new restaurant on Vail Mountain.

The Denver Post says Colorado’s other 22 ski areas are putting more than $50 million into upgrades, with a new chair and terrain at Aspen’s Buttermilk and new lifts at Copper Mountain, Loveland, Monarch and Ski Cooper.

New documentary features former Colorado Gov. Carr DENVER (AP) – Former Colorado Gov. Ralph Carr is the subject of a new documentary.

The documentary produced by Fujisankei Communications International Inc. tells how Carr opposed the internment of Japanese Americans in U.S. government camps during World War II. The documentary will be shown on most of the international flights of All Nippon Airways starting Sept. 1.

The film is sponsored by Nitto Tire, which has offices in the U.S. and Japan.

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THURSDAY

MONTROSE

October 20, 2011

VOL 129, NO. 77 75 cents MONTROSE, CO 81401 www.montrosepress.com

Ex-DA pleads guilty to sex crime, extortion Plea spares victims ordeal of trial, Serra risk of life in prison

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Myrl Serra, former top prosecutor in the 7th Judicial District, could face up to 12 years in prison after his Alford plea Wednesday to unlawful sexual contact and criminal extortion.

Serra will have to register as a sex offender for up to five years after completing any court-ordered treatment.

Serra was arrested in September 2010 on allegations that he coerced sexual favors from

on the evidence. Serra took the plea deal in part to avoid a possible life sentence, his attorneys said.

The arrest and conviction of a sitting prosecutor for sex crimes is thought to be unprecedented in Colorado’s history, said Robert Shapiro, Colorado first assistant attorney general.

He said even though the plea agreement was “not perfect,” it resolved the case in a way beneficial to Serra’s courageous victims.

“The resilience of the victims who have gone through this process, it is our belief their efforts contributed to Mr. Serra realizing they weren’t going to

turned himself in after his August conviction.

He joked with Mesa County Judge David Bottger about jail conditions and other matters before sayMyrl Serra ing in a clear voice: “I plead guilty, pursuant to the agreement, and pursuant to North Carolina vs. Alford.”

An Alford plea is legally indistinct from a guilty plea, but by it, a defendant does not explicitly admit guilt — only that a jury could convict him or her based

women in his offices. He was again arrested last December, accused of harassing one of the women in a local department store. A jury in August convicted him of bond violation, restraining order violation and harassment in that matter.

Serra, who once came and went as he pleased in local courtrooms, appeared Wednesday in shackles, wearing a black-and-white striped jail uniform instead of his customary suit and tie. He had voluntarily

give in,” Shapiro said.

“The prosecution is indebted to those three women.”

The workplace is one of the places where people should feel safe, he added. What the women suffered under Serra “should never happen, let alone in the office of a prosecutor, let alone by the sworn prosecutor. These three women had to live it every day.”

Serra had threatened the women’s jobs and reputations if they told, Shapiro said. “When you’re in a position of power ... it’s not just extortion. It’s criminal.”

SEE GUILTY, PAGE A3

Uranium leasing halted in Uravan district

Talking literacy

BY DICK KAMP WICK COMMUNICATIONS ENVIRONMENTAL LIAISON

JOEL BLOCKER / DAILY PRESS

Lt. Gov. Joe Garcia speaks to an attentive audience about early childhood literacy at the Montrose Library Wednesday morning.

Lt. Gov. takes to road to discuss early childhood learning

BY KATI O’HARE DAILY PRESS WRITER

Area education leaders voiced their concerns and ideas regarding early childhood education Wednesday during a visit by Lt. Gov. Joe Garcia and Christine Benero, president and CEO of Mile High United Way. The visit to the Montrose Regional Library by the Denver officials was part of their six-day “listening” tour of Colorado, an excursion designed to help them gain insight and perspective on the critical issues of early childhood literacy in the state.

Mile High United Way has partnered with Garcia in the effort to strengthen early literacy. From the information Garcia and Benero obtain on their tour, they hope to put together a statewide literacy action plan — a document that conveys what they heard on the tour, provides resources that have been shown to produce results and per-

haps recommends policies and collaborative efforts, Benero said.

“It’s great to see them focus on early-childhood literacy,” said Mark MacHale, superintendent of the Montrose County School District. “I hope they take their time to do it. It has to be done well. ... I would like to see a guarantee of funding for [kindergarten] through [third-grade] reading programs. Money is not the answer, but it’s impossible to do without. Gifts and donations are not the way to run a society.”

Benero briefly discussed current available funding from her organization. Mile High United Way recently got a $3.6 million Social Innovation Fund grant to boost literacy advancement programs across the state and has invited qualified applicants to apply for that money.

But the main topic Wednesday is what’s working and what’s not when it comes to early childhood literacy.

Delta County officials boasted about their backpack program — a successful 20-year program that currently serves 400 families by sending SEE LITERACY, PAGE A4

Ellis recall petitions declared insufficient

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

The attempt to recall Montrose County Commissioner Gary Ellis looks to be over.

Ellis is hailing the county clerk’s Wednesday finding of insufficient valid signatures to put him up for recall in a special election. Principals of Recall Montrose, though, say they will remain vigilant when it comes to county government.

They — and anyone else — has until Nov. 3 to protest the declaration of insufficiency, if desired.

“I think this is a great opportunity to put this matter to rest,” Ellis said, minutes after getting

the news that only 2,689 signatures could be verified.

“I believe this will be positive for our county.

We have so many other isGary Ellis sues we need to be focused on.”

Recall Montrose required 3,012 valid signatures to launch an election to remove Ellis from his seat. About 320 signatures of 3,198 turned in were rejected for such reasons as information that doesn’t match the voter registration database, not being the signatures of registered electors,

incomplete signature lines, illegible signatures and duplicate signatures.

Supporters wanted to also recall commissioners Ron Henderson and David White, but needed more than 4,000 each to trigger a recall election, and ultimately did not submit petitions on the men.

Recall Montrose said the county’s mill levy was too high, that commissioners ignored constituents’ desires, and that they continue embroiling themselves — and taxpayer money — in litigation, including a lease dispute with Montrose Memorial HospiSEE PETITIONS, PAGE A3

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Larry Phillips of Montrose

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Sports: OHS volleyball takes on Rifle for the 3A Western Slope League title Page A6

A federal judge in Denver issued an injunction Tuesday that halts all activity on 27,000 acres of 31 uranium leases in the Uravan mining district and requires the Department of Energy’s Office of Legacy Management to complete an environmental impact statement.

The action was cited as a “huge victory for public lands” by one plaintiff in the case, and a legal mandate to “proceed with what we are doing” by the DOE. It was also hailed as “probably helpful,” by a spokesman for Energy Fuels Resources, which has proposed building the Piñon Ridge uranium mill near Paradox in western Montrose County.

“From our perspective ... the decision shouldn’t really have an impact on feedstock for the mill,” Energy Fuels’ Curtis Moore said. “Any plans to produce (on those leases) would have been far down the road. In the long run, frankly, having a fullblown EIS done will probably help us in that we will have an analysis that would increase the certainty of how we could operate in the future.”

In July 2008, five plaintiffs filed suit: the Colorado Environmental Coalition, the Information Network for Responsible Mining, Rocky Mountain Wild, the Center for Biological Diversity and the Sheep Mountain Alliance.

The plaintiffs accused the DOE of violating the National Environmental Policy Act in 2007 when it issued a less-comprehensive programmatic environmental assessment for the leases.

They argued that the environmental impacts of the Piñon Ridge Mill needed to be included in a comprehensive environmental impact statement.

The plaintiffs also claimed that the DOE was violating the Endangered Species Act by failing to address potential toxic pollution discharge issues into the Dolores and San Miguel rivers that could threaten four fish species.

In the end, the judge agreed with most of the substantive accusations in the complaint.

District Judge William J. Martinez’s injunction halts all activity on the nearly 43 square miles of lease land and mandates the DOE’s completion of the programmatic EIS, a process it began voluntarily in July. The DOE held area scoping meetings on the EIS and leasing during August in the region.

Martinez’s order halts any further activity or leasing in the area. But if the DOE issues an EIS “that complies with NEPA, ESA, all other governing statutes and regulations, and this order, defendants may move the Court to dissolve this injunction,” the judge wrote.

Taylor McKinnon, spokesman for the Center for Biological Diversity, described the ruling as “not only a huge victory for public lands but (one that) sets some important precedents for the ESA. We are still analyzing the injunction.”

Laura Kilpatrick, the manager of the DOE’s Office of Legacy Management, said Wednesday she does not know if the DOE will file an appeal.

“We are not in a position to speak on it,” she said. “However, we halted all activity on the leases in July and gave notice that we were doing a programmatic EIS.” “We held our scoping meetings, and I believe that we will be proceeding the same way as a result of this decision as we did last week. We are analyzing comments, we’ve requested major agencies and tribes to be cooperating agencies in this process.”

She said the Environmental Protection Agency and Bureau of Land Management will cooperate, as will the Navajo and some Ute tribes. The Colorado Public Health and Environment declined to be a cooperating agency, Kilpatrick said.

The CDPHE is a defendant in another lawsuit filed by Sheep Mountain Alliance that challenges the validity of the state permit issued to Piñon Ridge. The plaintiff in that case is represented by Durango Energy and Minerals Law Center attorney Travis Stills, one of the attorneys in this case.

“We have hired Argon National Laboratory as a consultant, and I think we are about a month away from experts starting studies, and those should take a couple of years,” Kilpatrick added.

“If you look at what the judge said, nothing is inconsistent with what we are doing.”

The injunction lists the company leases impacted as Cotter Corporation (10 lease tracts, including the Opera Box mine behind the Energy Fuels mill site), Golden Eagle Uranium (eight), Energy Fuels Resources (six), Gold Eagle Mining Inc. (three), U.S. Uranium Corporation (two) and Zenith Minerals (two).

TODAY’S WEATHER Sunny. Highs in the 60s. Southwest winds 10 to 15 mph in the morning becoming light.

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LOCAL GUILTY: Sentencing slated for January 2012 PETITIONS: No word

MONTROSE DAILY PRESS

THURSDAY, OCTOBER 20, 2011

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FROM PAGE 1 The crimes violated the women’s rights and the public trust itself, he said.

The Daily Press discovered Monday that Serra was set for a plea hearing Wednesday. His file, reviewed Tuesday, showed an off-docket discussion Oct. 13 concerning a possible plea, and an email the same day from Shapiro, which called the case “extremely resolvable,” based on the verdict in Serra’s earlier trial.

But Wednesday, Shapiro and Serra’s defense team said the previous verdict wasn’t a main factor in his decision to plead out the case.

“I can only imagine having to get up on the stand” and having to relive the offenses, Shapiro said. If a case can be resolved in a way that is fair, and spares the victims, then the prosecutor must “check his ego at the door,” he said.

The plea agreement spares Serra the possibility of life imprisonment, which he could have received had he been convicted of all offenses at trial, his attorneys said.

“The plea is very fair,” co-counsel Peter Albani said. “Myrl obviously feels he’s innocent, but he knows the system. ... It’s solely Myrl’s decision.

He had to weigh a lot of factors.”

Serra knew what could happen if the case went to trial, lead counsel

M. Colin Bresee said.

“It’s easy in a vacuum, to say of course I’ll never plead guilty. It’s a terrible situation to be in. It’s not so easy when it’s your life,” Bresee said.

He thanked Shapiro for being professional enough to consider a plea deal, even after the outcome of Serra’s August trial.

And: “He (Serra) of all people knows how emotional this is for the ‘victims.’ There’s a lot of division in the community, and he hope this will help it heal and come together.”

Bresee said he would be surprised if a pre-sentence investigation report recommended anything other than probation or a community corrections sentence.

“I’m just asking the judge to be consistent with what this jurisdiction does,” the attorney said.

“I don’t think Myrl, because of his position, should be treated any differently.”

Shapiro had no comment about what sentence the AG will seek, but said a court-ordered psychosexual evaluation will be a critical component. In court, he said Serra’s Alford plea is at odds with the basic requirement of sex offender treatment: an admission of guilt.

He also advised Serra of the “collateral consequences” of a sex-offense plea. These include a general provision of no contact with anyone

younger than 18, though the probation department can request that it be allowed under certain circumstances.

Serra’s agreement does not stipulate a particular sentence. The extortion offense is a class-4 felony with a sentencing range of two to six years, if prison is ordered.

Serra by his plea concedes extraordinary aggravating circumstances, which allow the sentence to be doubled to 12 years, though the plea does not require Bottger to impose a prison sentence.

There is no sexual basis to the extortion offense.

His unlawful sexual contact offense is a class-1 misdemeanor, and the single count encompasses all three victims. Serra stipulated the sex offense may viewed be an extraordinary risk crime, which could land him in county lockup for up to two years.

Serra’s sentence in his bond violation case will have to be consecutive to whatever sentence is handed down in his sex and extortion case, Shapiro said.

Both cases are set for sentencing at 11 a.m. Jan. 19.

To express your opinion about the plea agreement, send a signed letter, with daytime phone number, to mikee@montrosepress.com. Anonymous letters will not be considered, and all letters must conform to guidelines.

Submission does not guarantee publication.

Council agrees to put money toward bringing cycling challenge to town The City Council Tuesday agreed to provide a letter of support, in-kind services and a contribution of an undetermined amount of money for a portion of the costs of bringing the USA Pro Cycling Challenge to Montrose next summer.

The bicycle race is scheduled for Aug. 20-26, 2012, and will feature 135 of the world’s top cyclists racing over a course of more than 500 miles in seven days, according to race organizers.

Communities looking to be host cities, such as Montrose, must have their bids submitted to race organizers by by Oct. 31, said Jenni Sopsic, interim CEO for the Montrose Association of Commerce and Tourism, which is overseeing the compilation of Montrose’s bid.

Sopsic said she got a letter of support from Montrose County Commissioners earlier Tuesday, which she will add to other letters of support from community organizations.

Veterans benefits representative returns to Montrose A Veterans Benefits Administration representative is returning Wednesday to the Veterans Affairs Clinic at 4

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IT’S TIME FOR THE NEXT ANTIQUE EXTRAVAGANZA!

October 22nd • 9am-3pm Pea Green Community Hall If you like antiques, you will love our “Country Tag Sale” Red Barn will be serving Coffee, Pastries and a delicious Lunch. Bring an appetite!

Join us for fun, treasures, and friendship!

Take HWY 348 from the Olathe stoplight

tal trustees.

The trustees in 2010 voted to form a nonprofit corporation and lease MMH to it. Commissioners cried foul, and the two sides fought it out in court, where a ruling this summer favored the trustees’ position.

In August, Henderson and White voted to appeal the ruling; Ellis voted against an appeal, but Recall Montrose launched its recall efforts against all three men, accusing them of moral hazard.

“We’ll review it,” Recall Montrose co-founder Michael “Duke” Richardson said of the declaration of insufficiency. “If it (finding) is accurate, there’s nothing else.”

He said Recall Montrose supporters will, however, continue monitoring the county.

“You can bet a bottom dollar on that. They’re going to know we’re still sitting in the room,” Richardson said.

“I’ve always advocated for transparency,” Ellis said, adding that he supports a reasonable settlement of the hospital issue.

“I understand that the recall group can challenge the clerk’s decision, however, I hope they take the opportunity to let this matter drop, and let both sides get back to resolving issues and allowing our county to heal.”

AROUND THE VALLEY ▲

The Valley Symphony Orchestra will present two Hillcrest Plaza Way. concerts, one at 7:30 p.m.

The morning appointments are already filled, but sev- Saturday at the Delta Pereral afternoon appointments remain. To schedule an forming Arts Center and appointment, call the CBOC at 249-7791 between noon another at 3 p.m. Sunday and 4 p.m. at the Montrose Pavilion.

One of the three main branches of the VA, the VBA is The program will feature responsible for such things as service-connected disabil- music by Mozart, Schubert ity claims and exams, widow pensions, the various GI and Mendelssohn with education programs, vocational rehabilitation, VA guest soloists Carlos Elias home loans, housing modification grants for qualified on violin and Andrea Elias veterans, and all other benefit programs, to include on piano. those that determine eligibility to be seen in a VA medTickets are $15 for ical center or clinic. adults, $10 for seniors , and $5 for students 17 and County closes 5100 Road for bridge repair under and may be purchased at the following loThe Montrose County Road & Bridge Department will cations: Homer L. Sims close 5100 Road north of Amber Road to the Delta County line on Oct. 20 to repair a bridge, county officials announced Wednesday.

The duration of the closure is unknown, they said, adding that motorists are asked to use an alternate route.

For more information, call the county Road & Bridge Department at 249-5424.

EYE EXAMS

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FROM PAGE 1

VSO to present concerts

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Convicted killer loses extradition bid

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

In a courtroom stacked with deputies, escaped killer Frederick Barrett unsuccessfully asked the judge Wednesday to block his extradition to Florida, where he is supposed to be serving a life sentence.

Barrett was convicted of the 1971 murder of Carl Ardolino, who was strangled, beaten and drowned off the Florida Turnpike after giving Barrett and another man, co-defendant Michael Owensby, a ride.

Barrett escaped prison a total of three times, but his last escape came to an end here in July, when he was found after 32 years on the lam. Barrett was living under an assumed name in a remote Montrose County cabin when U.S. marshals, Forest Service officials and sheriff ’s deputies came knocking.

He’s a marked man if he is returned to prison in Florida, Barrett told District

Judge Jeff Herron.

Barrett has maintained from the get-go that he faces retribution from other inmates because he assisted guards during a 1973 prison riot.

“Although they say they can protect me ...

I’m still in a cell. I can’t protect myself,” Frederick Barrett he said, noting that he’s seen cells firebombed and that, because other inmates deliver meals, they could tamper with his food.

“I would not be protected there. If you send me back there, I’m in big trouble,” Barrett said, asking if he could instead serve out his sentence in Colorado.

He also made his case in a letter, which public defender Harvey Palefsky read into the record.

“It’s true I was sentenced to six months to life. ... Because of my honorable behavior (in the prison riot), I had been assaulted and plotted against,” the letter said.

Although prison officials pledged to protect him, their solution was to place him in solitary confinement.

“That in itself is just a slower death. I was not sentenced to death,” Barrett’s letter said, asking Herron not to grant Florida’s request that he be returned.

Palefsky acknowledged that extradition can only be challenged on narrow grounds, including a person’s identity and the technical sufficiency of an extradition warrant, which Barrett does not, in fact, contest.

A decades-old Supreme Court ruling also holds that fears such as Barrett’s are not grounds to grant a writ of habeas corpus, Palefsky said.

“More than anything, Mr. Barrett wanted on record his concerns about return-

ing to Florida,” Palefsky said.

Barrett’s concerns were also raised with Florida officials, “but it fell pretty much on deaf ears,” his attorney said.

Deputy District Attorney Seth Ryan reiterated the case law cited by Palefsky.

“We’re just arguing the defendant’s safety is not proper grounds to deny extradition,” he said.

Herron also cited the case law, finding the extradition warrant was sufficient, Barrett’s identity was not in question, that he was convicted of a crime and that he is a fugitive from justice.

“The law makes clear that’s the end of this court’s inquiry,” he said.

It is Barrett’s burden to prove one or more of the above provisions has not been met, and this was not done, Herron said.

Each state is supposed to aid the other SEE ESCAPEE, PAGE A3

Former DA Serra turns himself in

Closed for cleaning

Serra starts serving time prior to sentence in harassment case

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

JOEL BLOCKER / DAILY PRESS

Jeremy Jones, an employee of the Montrose Recreation District, power sprays the walls of the aquatic center's indoor pool Wednesday afternoon. The indoor pool will be closed until Sept. 19 due to the annual fall cleanup. The outdoor pool is now closed for the season.

City offered another riverfront property

BY KATI O’HARE DAILY PRESS WRITER

For the second time in a little more than a month, the City Council has been offered a parcel of riverfront property.

Real estate agent David Kienholz approached the council Tuesday during its work session to see if the city would be interested in purchasing a 4.81-acre piece of property along the Uncompahgre River near the Justice Center.

Kienholz told the council he is a financial backer of the property but said it recently went into foreclosure, and he is trying to recover some of his costs. The foreclosure amount is $1.7 million, according to city notes.

Kienholz had offered the land to the city once before and talked with former City Manager Mary Watt about a potential deal, he told council.

SEE PROPERTY PAGE A4

Highlighted is the property offered to the city for an estimated $800,000 by real estate agent David Kienholz during Tuesday night’s city council work session. The property on the southeast corner is owned by the city and the Uncompahgre River runs along the southern edge of the property.

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Darlene Buchanan of Montrose

CALENDAR . . . . . . . . . .A2 LOCAL . . . . . . . . . . .A3-4 STATE . . . . . . . . . . . . . .A4 NATION . . . . . . . . . . . .A5 SPORTS . . . . . . . . . . . .A6

CLASSIFIEDS . . . . .A7-11 COMICS . . . . . . . . . . .A12 WEATHER . . . . . . . . .A13 OBITUARIES . . . . . . .A13 WORLD . . . . . . . . . . .A14

Sports: Past haunts Broncos as they prepare for Raiders’ visit Page A6

Former District Attorney Myrl Serra’s bond was revoked Tuesday by the person who posted it — Myrl Serra.

Serra, who was convicted of harassment, bond violation and violating a restraining order last week, turned himself in at the Montrose County Jail, even though he has not yet been sentenced.

“I think Mr. Serra has accepted the voice of the jury and is willing to start his sentence now,” defense attorney M. Colin Bresee said Wednesday. “I think the alleged victims will be grateful for his choice.”

Serra declined to speak with the Daily Press during visiting hours at the jail Wednesday.

Serra was district attorney for the 7th Judicial District when he was arrested last Sept. 30 on allegations of unlawful Myrl Serra sexual contact, indecent exposure, criminal extortion and official misconduct.

He is accused of victimizing women who worked at his offices in the district. Serra denies those allegations and is set for trial on Halloween.

Bond conditions in the sex case included provisions that he not commit any crimes while free on bail, while a restraining order protected the three women. But last December, he was again arrested and accused of harassing one of the women after encountering her in a local department store.

He was charged formally with violating the order, bond conditions and harassment.

Serra resigned as district attorney in January.

A jury on Aug. 31 convicted him after a three-day trial, during which Serra maintained that he did not stare at the woman and intimidate her after discovering her hiding in a clothing rack.

The woman said she hid to avoid Serra when she saw him coming into the store, but he “made a beeline” for the rack and stared down at her, smirking.

A sentencing date hasn’t been set; that is to be done at Serra’s Oct. 31 trial on the sex charges.

Serra could have remained free on his bond until that time, but “he’s chosen to move forward,” Bresee said. “He’s chosen to go forward and get things started.”

Serra could be sentenced to a minimum of one year in prison, though the judge will consider input from all affected parties and other factors.

Under Colorado law, the time he spends in jail will count as credit for pre-sentence confinement. But because he turned himself in prior to sentencing, he is not eligible for any good-behavior credit, Bresee said.

“He’s not going to get what people would typically get.

You only get the good time (credit) on a sentence, and he hasn’t been sentenced yet,” he said.

TODAY’S WEATHER Sunny, then partly sunny with a 20 percent chance of showers and thunderstorms. Highs in the 70s.

See details, Page A13

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The FLU can make you sick enough to miss work, school, have unnecessary doctor visits or even be hospitalized.

Altrusa Holiday Festival & Gifts Join Us – Reception & Silent Auction

FLU SHOT CLINIC:

Friday, November 18 from 6:30 – 8:30 pm

Wed., November 9 • 8 a.m.- 4 p.m. • Open to the public, no appointment needed

Wells Fargo Downtown – 400 E. Main $20 donation accepted at door • Appetizers/beer/wine plus bid on trees, wreaths, gifts and more (open to adults 21 & over)

Health & Human Services, 1845 S. Townsend Ave.

Vaccine cost is $25 - We accept Medicare, Medicaid, RMHP, ANTHEM, CHP+, cash and check Also available at Montrose County Health & Human Services: Monday – Friday • 8 a.m.– 4 p.m.

Call 252-5000 or visit www.montrosecounty.net for more information.

SUNDAY

MONTROSE

November 6, 2011

VOL 129, NO. 92 $1.50 MONTROSE, CO 81401 www.montrosepress.com

Perpetrators and power: Serra case illustrates dynamics of sexual victimization

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

First of a two-part series The plea agreement says he did it: Myrl Serra, while the elected district attorney for Montrose and five other counties, subjected at least one woman in his employ to unlawful sexual contact, and extorted at least one female employee by threatening her job and reputation if she told.

Serra maintains he didn't commit these offenses, but pleaded out his case on Oct. 19 to avoid the life sentence he could have received if convicted at trial. Serra tendered an Alford plea, by which a defendant does not admit guilt, but concedes a jury might convict him or her. Serra's plea encompasses offenses Myrl Serra against three women.

Since his plea, Serra's court file has thickened with character letters asking for a lenient sentence. But his case — that of a sitting district attorney arrested and prosecuted for sex offenses — stands apart from others in Colorado, and its aftershocks reverberate.

Unusual — yet not "Anecdotal evidence is this is an extremely rare circumstance," said Robert Shapiro, the Colorado first assistant attorney general who prosecuted Serra's sex case, and the harassment and bond violation charges filed after Serra encountered one of his victims at a local store last December. (Serra was convicted at trial in that case.)

Shapiro said previously that Serra's case is the first one of its kind in the state, to his knowledge. It should never have happened in any workplace, let alone that of the DA, he said.

"Overall, the reality is, (inappropriate) workplace behavior and violence does exist in our society," Shapiro said Friday.

"Offenders who are employers also have substantial emotional control over victims who work for them and may have the capacity ▲ to continue to threaten them about reporting, or monitor their behavior in ways that reinforce their control of the victim," wrote the AG's expert witness, Jean McAllister, in a report Serra's defense wanted barred from trial.

'I am not surprised when men in power are immoral; I'm surprised they aren't more paranoid.'

Anna Salter Psychologist and sex offender expert

JOEL BLOCKER / DAILY PRESS

FFA members, along with Montrose High School's drum line and color guard, lead the pet parade down Main Street Saturday morning.

First place in uniqueness

BY KATI O'HARE DAILY PRESS WRITER

It was like something out of a Dr. Seuss book — there were big dogs and small dogs, skinny dogs and fat dogs, and even a few cats.

‘I have high hopes on what this group will be able to do in this community.’

Carol McDermott City councilor ▲

BY KATI O'HARE DAILY PRESS WRITER

Montrose's young people now have a voice in how their city is governed — as well as some admirable role models, according to city officials.

"I'm impressed with the uniqueness of these individuals, that they are all coming from different directions, but yet they'll bring all their skills together to make informed decisions," City Councilor Gail Marvel said about the members of the city's newly created Youth Council.

The Montrose Youth Council was established by the City Council to encourage greater youth participation in city affairs and is designed to provide

KATI O'HARE / DAILY PRESS

Left: Members of the city's newly formed Youth Council Tristen Smith, city supervisor of the program Carolyn Bellavance, members Sierra Winfrey, Ty Cary, Kikayla Unruh and Zhado Trumbo, talk with City Manager Bill Bell during a tour of city facilities Wednesday afternoon.

the City Council with youth perspectives on its planning efforts, according to city officials.

Participants had to fill out a detailed application form explaining why they wanted to join the council and what they hoped to achieve.

On Oct. 15, the City Council appointed all seven of the applicants, each of whom attend high school.

KATI O'HARE / DAILY PRESS

Youth Council Mayor Sierra Winfrey writes down ideas on what the Youth Council's purpose should be during the council's first meeting Thursday afternoon at the Centennial Room of the City Hall Annex.

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Bill Dowell of Montrose

SEE MAIN STREET, PAGE A3

A new generation of leaders

SEE SERRA, PAGE A3

LOCAL . . . . . . . . .A2-4,12 STATE . . . . . . . . . . . . . .A5 OPINION . . . . . . . . . . .A6 NATION . . . . . . . . . . . .A7 SPORTS . . . . . . . . . . . .A8 WORLD . . . . . . . . . . . .A9

Traffic stopped on Main Street for just a few minutes Saturday morning as more than 30 participants paraded down the street with their animals in tow.

The Pet Parade, most likely Montrose's first, was a fundraiser for the Montrose High School speech team and FFA. "The community is probably getting tired of the same old fundraisers," FFA and parade participant Ashley Watson said. "This is a unique way to raise money and get our name out there."

The idea came from speech team coach A.J. Smith, who is faced with school budget cuts that have greatly affected her team and its participation in events around

COMICS . . . . . . . . . . .A10 WEATHER . . . . . . . . . .A11 OBITUARIES . . . . . . . .A11 FOCUS . . . . . . . . . . .B1-4 CLASSIFIEDS . . . . . .C1-4

Sports: MHS volleyball endures rough day at regionals Page A8

Just like the City Council, those students — Ty Cary, Riley Draper, Zhado Trumbo, Zhaman Trumbo, Mikayla Unruh, Sierra Winfrey and Tristen Smith — will meet twice a week to discuss city issues. They'll report to the City Council three times during their one-year terms.

"This is an impressive group of young people that are interested in making a positive difference in the community," said Carolyn Bellavance, executive assistant to the city manager and supervisor of the Youth Council.

Each member of the council had a

TODAY’S WEATHER It will be mostly sunny.

High 40, Low 25 See details, Page A11

SEE TEENS, PAGE A4

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LOCAL

MONTROSE DAILY PRESS

SUNDAY, NOVEMBER 6, 2011

A3

▲

SERRA: Community law enforcement struggles with after-effects of crime, plea population of offenders tends to be very selective and very decisive in their hobbies and choice of careers," Rodriguez said.

"They have a tendency to put themselves in good places to have victim access. It's not really coincidence. I don't think it has anything to do (with a given profession), it has to do with these types of offenses.

They align themselves and find a way to make it easier for them to find victims, and maybe be in a position where it will go undetected."

Sex offenders tend to pick victims who they think won't be believed, she added.

"If they're in a position of power, it makes it even easier. When a position of power is involved, (victims) may be less likely to report because of the fear of them not being believed or, sometimes, fear of retribution," Rodriguez said.

Of Serra, she said: "That probably took a lot of courage for whoever reported him, to do it."

FROM PAGE 1 Yet sex offenses — and non-criminal sexual indiscretions — by those in positions of power aren't unheard of.

"I am not surprised when men in power are immoral; I'm surprised they aren't more paranoid," Anna Salter told the Daily Press.

Salter, a Harvard-trained clinical psychologist and expert on sex offenders, is the author of "Predators: Pedophiles, Rapists and Other Sex Offenders."

"Even when it involves a sexual indiscretion rather than an offense, it's still astonishing," said Salter, mentioning high-profile politicians who over the years have been caught in compromising situations.

"Some of these men aren't stupid, but when narcissism and entitlement battle with IQ, guess who wins?" she said.

As for offenders who commit sex crimes to exert power, versus those who are already in positions of power?

"I don't see much difference there," Salter said. "In both cases, the perpetrators enjoy the experience of abusing others. They feel bigger, stronger and more powerful when other people are helpless and forced to do what they want."

The court record in Serra's case demonstrates feelings of helplessness and fear on the part of his victims.

"Many people interviewed by [Colorado Bureau of Investigation] agents reported fear of disclosure consistent with these dynamics due to Mr. Serra's being their employer, and fears of losing their jobs or nega-

PHOTO BY CHRISTOPHER TOMLINSON, GRAND JUNCTION DAILY SENTINEL / SPECIAL TO THE MONTROSE DAILY PRESS

Aftershocks

District Attorney Myrl Serra talks with attorney Peter Albani as he waits for his case to be called before Mesa County Chief District Judge David Bottger. tive impact on their careers," McAllister reported.

Community members can also struggle to process sex crimes committed by offenders who occupy the public's trust, such as the clergy, law enforcement, even prosecutors, said Cathy Rodriguez, adult standards coordinator for the state Sex Offender Management Board.

"They start to wonder: Is there a problem with our pastors, with our police officers, and so forth. This

Shapiro said he will discuss the crime's impact on the victims, the DA's office and the community as a whole during sentencing. The public defender in Montrose declined comment as to how the prosecution of Serra may have affected that office's cases.

Law enforcement heads within the local judicial district say the case has exacted a toll on their departments.

"I kind of sensed something was wrong, but I never thought of the allegations that were later brought SEE SERRA, PAGE A4

MAIN STREET: Pet Parade a fundraiser for speech team, FFA the state, she said in an earlier interview.

"It's really important to support the school programs that are struggling with continuous decreases in funding," said Cody Russell, a citizen participant in the parade.

Russell got a gold medal for Best Large Dog, but he gave credit to both his dogs who walked in the parade, a pair of 8-yearold greyhounds named Fix and Jade.

Smith recruited the FFA chapter to join in the

JOEL BLOCKER / DAILY PRESS

Cody Russell, a citizen participant in the parade, walks his 8-year-old greyhounds Fix and Jade during the pet parade down Main Street Saturday morning.

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©2011

FROM PAGE 1

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A4

LOCAL

SUNDAY, NOVEMBER 6, 2011

MONTROSE DAILY PRESS

▲

TEENS: Seven high school students join first Youth Council Some of the ideas that came up included making buses more accessible to students, volunteering at the Thanksgiving community dinner, advertising for volunteer opportunities and cleanslightly different reason for joining the council. ing up graffiti, according to the meeting minutes.

Cary said he wants to provide teens with "I have high hopes on what this group will be more widely available volunteer opportunities, able to do in this community," McDermott said. while Draper said he wants to get more teens "They have great ideas, and it will be fun to watch involved in city government. Unruh said she them grow as a group. .... They are going to look at wants to bridge that gab between youth and the some specific projects they'd like to do and bring adults of the community, and Smith said he those to the next meeting." hopes his courage to participate in the council The agenda for the next meeting has not be set, will inspire his friends to do the same. but that task will be carried out by the Youth "You are making choices, and life is about Council mayor, Bellavance said. Members apchoices," Mayor Kathy Ellis said to Smith durpointed their officers Wednesday, as well as choosing the interview process. "You can choose to ing what committees they would serve in. One of stay where you are or you can choose to make higher goals. I commend you for making those COURTESY PHOTO / CITY OF MONTROSE the ideas brought up at the meeting was to have higher goals."

In October, the city council appointed seven area students to its newly formed each committee perform a community service project.

On Wednesday, the Youth Council met for the Youth Council. Those members are, from left, Sierra Winfrey, Riley Draper, Winfrey was appointed mayor, Zhado is secrefirst time. Members got a brief history lesson Zhado Trumbo, Tristen Husers, Mikayla Unruh, Ty Cary, Zhaman Trumbo. tary, Unruh is treasurer and Draper is the counabout the city, as well as a tour of City Hall. cil's historian. Committees include downtown/economing here."

Each month, a different city councilor will sit in on ic development, parks, trails and river, school liaison, The Youth Council meets from 4 to 6 p.m. on the first the Youth Council meetings. Councilor Carol McDertransportation, environment, crime and public safety, mott was in attendance Wednesday to share some advice and third Wednesday of each month in the City Hall Anand activities. nex off Centennial Plaza. All meetings are open to the with the new council.

"I chose mayor because I haven't exactly gotten the op"You represent youth constituents," she said. "And you public. portunity to have such a big role and do important During Wednesday's meeting, council members disneed to listen to them whether you agree or not. ... You things in our community, but I know I have the ability," cussed a few of their goals, as well as what they like and can disagree agreeably, but you need to be open to what Winfrey said. dislike about the city. they have to say and invite them to see what you are doFROM PAGE 1

SERRA: Authorities discuss proper personal conduct

PET OF ▲THE DAY

FROM PAGE 3

COURTESY PHOTO / DELTA COUNTY HUMANE SOCIETY

Becky is a year-and-a-half-old female who is available for adoption through the Delta County Humane Society. She has been spayed and is up to date on her routine shots.

She is plump, healthy and gets along well with other cats. She is friendly and likes to be petted. To make an appointment to see her or for more information about her, call her foster mom Marti at (970) 835-3590 or email martiatwood@tds.net. The adoption fee is $75.

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forth," Delta Police Chief Robert Thomas said. "I'm surprised, disappointed. It gives the law enforcement community and judicial system a black eye."

While the news of Serra's arrest and his subsequent conviction both shocked and depressed his department, Gunnison County Sheriff Rick Besecker says there was a positive note: it proves no one is above the law.

"It shows me, once again, that the devil doesn't want your whole soul, all he wants is your little toe," Besecker said of Serra's plea and conviction. "You can be taken in so quickly if you're not on your guard, don't recognize your responsibility and acceptable expectations, and live up to both."

Besecker and Montrose Police Chief Tom Chinn said there's a higher standard for those who choose a career in the judicial system.

"I think people expect more of people who are in positions of power," Chinn said.

"And I think they should."

A case like Serra's "taints the whole pool," Chinn said. "Every time somebody in power commits an offense and is convicted, I think people believe that something more than the usual (punishment) needs to occur."

The judicial system has to be fair and consistent with the punishments it metes out though, he said.

"We're all human, but when we declare a passion, whether in law enforcement, prosecution or defense counsel, we have to embrace the main foundation that we be beyond reproach," Besecker said.

"We've got to be constantly vigilant about our own behavior."

Rationalization can lead to the loss of critical perspective, Besecker said.

"Eventually, you could rationalize anything. We're not above the law," the sheriff said.

"We're no more special than anyone else, but once we make that declaration and pledge our allegiance to our career of choice, a lot more should be expected of us."

Of more than a dozen letters filed with the courts on Serra's behalf as of Friday, all mention a stellar upbringing, and most refer to his work in youth sports, as well as his devotion to his son. Some showed an acceptance of Serra's guilty plea, while other writers said they struggled to believe he could have offended.

"People in positions of authority sometimes lose the fact that they are managers of people, not dictators," wrote a businessman. "In Myrl's case, I think he lost the distinction between a dictator and a manager. ... he became something other than the person I have known for a lifetime."

The man asked that Serra receive minimal punishment, coupled with counseling, and said Serra is smart enough to change.

"He always conducted himself as a gentleman, with respect to others," Montrose County Treasurer Rosemary Murphy wrote. Her letter did not address the crime specifically.

A Serra cousin sought lenience, citing his devotion to cancer-stricken family members.

"I believe that Myrl is a good person. I feel that he has suffered greatly from loss of job, career, finances, reputation and especially time away from his son and family," she wrote.

A Montrose woman who has known Serra for decades said: "I really have a hard time imagining Myrl being involved in anything like he is being accused of. ... I know Myrl expects some punishment, but I feel if the courts could consider the lightest form of punishment, it would be justifiable."

Said Delta's police chief, Thomas: "I'm just kind of shocked. I had always respected Myrl and never thought anyone would bring this type of allegation involving him. Hopefully, he'll do his time, be held accountable and can move on with his life."

What happens to victims of sexual crimes in the work place — and what could happen to Serra at sentencing? See part two in the Tuesday, Nov. 8 edition of the Montrose Daily Press.

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Healing and closure Former DA Serra awaits sentencing as his victims struggle to recover

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Part two of a series Former district attorney Myrl Serra’s recent conviction via plea to unlawful sexual contact and extortion rocked the judicial district he once served. Serra faces sentencing for his crimes in January — but the victims’ ordeal extends well beyond the courtroom.

JOEL BLOCKER / DAILY PRESS

Josh Bolling, a member of the Montrose High climbing team, works his way up a route on the new climbing wall during a recent practice.

Reaching for the top

BY CARLY TAYLOR DAILY PRESS INTERN

Montrose High School climbing team coaches Becky Keasey and Adams Hobbs, along with architect Tom Chamber, didn’t exactly have a proverbial mountain to climb. But they did have a wall to build.

Since May, the trio has been working to raise money for and build the school’s new climbing wall.

On Oct. 23, they completed those efforts.

The new wall — located upstairs in the weight room at the Montrose High School at 600 S. Selig Ave. — is finally up and ready to be put to use after months of fundraising and volunteer efforts.

Keasey said all of the money that was necessary for the completion of

the wall had been raised by June, and construction began shortly after that.

She said the money came from private donors, as well as businesses.

“The wall is valued at about $10,000 with all of the volunteer hours and such,” said Keasey, who helped raise money through her job as a nurse at Montrose Memorial Hospital. Doctors and other hospital employees donated generously to the project, she said.

But according to Keasey, the school’s climbing wall never would have existed in the first place without the help of Rusty George, a longtime MHS teacher and supporter of the program. George said he helped with the construction of the original wall.

SEE CLIMB, PAGE A3

A particular fear Serra’s three victims — women in his office — need time to heal, says Delta Police Chief Robert Thomas.

“Whatever that looks like, there’s a healing process that needs to take place,” he said. “I hope the victims can recover. Too often, we focus attention on the suspect, when we should focus more attention on the victims.”

Although Serra maintains his innocence, and his attorney said the plea was tendered in part to help the community heal, information in the case file shows a hellish experience for the victims.

According to a report by the Colorado attorney general’s expert witness, Jean McAllister, one victim was so fearful that she didn’t want to speak with agents in the workplace because she believed Serra could still retaliate. That victim reported explicit emails and text messages that ordered her to come up with a plan to keep her boss happy with her.

“She also stated ... that she believes Mr. Serra will kill her and (redacted) when he discovers that she is behind reporting his behavior, indicating the depth of her fear of Mr. Serra,” McAllister reported.

A victim also reported Serra had threatened her job several times, and that she knew he meant it, because he fired other people. One of the women felt “held

JOEL BLOCKER / DAILY PRESS

Sheriff Rick Dunlap, left, flanks District Attorney Myrl Serra during a 2008 press conference at which authorities announced the arrest of a fugitive. hostage” and was so fearful she discussed “an escape plan,” the report says.

McAllister’s report discusses the dynamics of sexual assault and

voluntary recall, McAllister’s report explains.

Trauma-based memory may not have components of linear time or specific dates, as evinced by one of Serra’s victims.

The woman was able to vividly recall certain actions, but not the date, or how long the incident lasted.

“These reports are consistent with how victims typically remember sexual trauma,” the report summary says.

During interviews, one of the victims reportedly said she “couldn’t believe it,” a reaction the report says is “consistent with the dissociative response to trauma.”

Sex crimes are not as rare as people like to believe — nor are sex crimes committed by acquaintances less “harmful” than attacks by strangers, the McAllister report notes.

“In reality, people sexually victimized by someone they know often experience greater harm than those sexually victimized by strangers,” the document states.

Such victims lose their trust of both strangers and friends, sometimes, even of their own judgment, reasoning they “should have known.”

Those who have an ongoing relationship with the offender — such as in the workplace — are more likely to experience serious trauma re-

“Whatever that looks like, there’s a healing process that needs to take place. I hope the victims can recover.

Too often, we focus attention on the suspect, when we should focus more attention on the victims.”

Robert Thomas Delta police chief ▲ victim reactions. These can include post-traumatic stress disorder, anxiety, depression, panic attacks, sleep disorders, self-harming behavior, substance abuse, even suicide attempts.

Victims don’t react according to a script; there is even research suggesting trauma can change brain chemistry.

Memory of traumatic experience is more likely to be stored as images, sensations, feelings or behaviors, unlike ordinary memory, which is semantic and subject to

SEE SERRA, PAGE A3

Marine Corps’ Toys for Tots campaign kicks off in Montrose

BY ELAINE HALE JONES LIFESTYLES EDITOR

Making a difference in the lives of less-fortunate children in the community is the driving force behind the U.S. Marine Corps’ Toys for Tots program, which recently kicked off its 2011 campaign.

Last year, through the coordinated efforts of public agencies, private businesses, individuals and Marine Corps vol-

unteers, the program distributed 7,192 toys (on distribution day) to 2,699 children in the community.

“It (the program) gives children a sense of acknowledgment,” local coordinator Ellen Flanary said. “We want to instill the spirit of giving in the recipients and hope they, in turn, will reach out and help others.”

Flanary, who retired from

the Marine Corps in 2005, is entering her sixth year as local coordinator for Toys for Tots, which now operates under the umbrella of the Marine Corps Toys for Tots Foundation. Locally, the foundation has partnered with Montrose County Health and Human Services’ Giving Tree Program, the city of Montrose’s Cops for Kids program, Hilltop/Tandem Fami-

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Irene Mallory of Montrose

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lies, Sharing Ministries, MADA, the Montrose Re-1J School District and local churches.

Applications for families to sign up for this year’s program are currently available at the following locations: Montrose County Health and Human Services, 1845 S. Townsend Ave.; Sharing Ministries, 121 Rio Grande Ave.; the Montrose County School

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District Office, 930 Colorado Ave.; and Hilltop Tandem Families, 540 S. 1st St. Applications are also available (but must be turned in to one of the four locations listed above) at MADA, Montrose City Hall, MCSD administration offices, Victory Baptist Church, St. Mary’s Catholic Church and First PresbyterSEE TOYS, PAGE A4

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CLIMB: Completion of new MHS climbing wall comes just in time for start of season FROM PAGE 1 “It took two years to get permission to build the wall the first time,” he said.

“Since then, it has gone under two renovations. The first was lead by Jeff Blacker and the second by Chris Locke.”

The new wall will feature George’s name above it.

“I think having my name above the wall is a nice bit of recognition for the time and energy I have put into it,” he said. “Many people don’t know that I have anything to do with the wall, so I think its a positive thing.”

Keasey believes the climbing wall is a major asset for the community.

“We have the biggest climbing team in Colorado, and the reason we have so many interested in climbing is because this wall has been here since we were little,” she said. “We have free access to it, and that’s what has made it so amaz-

ing.”

New angles were formed for the wall this time, and new ply board was put up. In addition, the wall was retextured.

Climber Abby White is happy about the changes and is glad the new wall was ready as the MHS team opened the season Oct. 24.

“The climbing wall makes it more fun to co-mingle because it’s a challenge, and it’s supportive to your confidence,” she said.

With the varsity girls and junior varsity boys placing first at state last year, the new wall is the reward team members have been waiting for, White said.

This year, there are 80 interested climbers at MHS — a number that exceeds that of any other team in the state, as well as any Montrose High team from the past.

“I think the wall is a reward because it is more challenging, and it is safer,” White said.

Pet of the day Lacey is a young Labrador retriever/shar pei mix who is available for adoption from the Montrose Animal Shelter, 3383 N. Townsend Ave. She is an intelligent girl who likes to take everything in. She is quiet, well mannered and would make a great family dog. Adoption hours are 10 a.m.-3 p.m. Monday through Saturday, but the shelter is open until 4 p.m. The fee for a dog is $60, and puppies are $75. The fee for an adult cat is $30, while those younger than 1 year are $50. All animals adopted from the Montrose Animal Shelter are spayed or neutered before going to their new homes and receive some vaccinations. For more information about Lacey or other available pets, call 240-1487 or visit http://montrose.animalshelternet.com.

COURTESY PHOTO / MONTROSE ANIMAL SHELTER

SERRA: Potential punishment ranges from probation to prison FROM PAGE 1 actions, McAllister said.

“It is also generally believed that victims commonly report sex crimes and that they report immediately. Actually, victims rarely report to the authorities. ... Sexual harassment in the workplace is thought to be reported even less frequently, with only 5 to 15 percent of victims reporting,” she said.

“None of the victims in this case went to the authorities directly.”

Instead, the matter was reported to CBI agents who were in the DA’s office for a different investigation. The disclosures began after that, and reluctantly.

“The research literature indicates that many victims of sex crimes at the hands of people they know and trust do not initially identify what happened to them as sexual assault, often because of the misinformation that is common in our culture about sexual assault being committed by strangers with weapons,” McAllister said in the report.

And sometimes, victims blame themselves for how they interacted with the perpetrator prior to the offense. They may have continued con-

tact with their offenders in many settings, with no outward sign of distress — something especially true in workplace assaults, the report said.

How victims are affected and react can have more to do with the support they receive than the offense itself, said Cathy Rodriguez of the state’s Sex Offender Management Board. Media interest in high-profile cases is an addition hurdle for victims to clear, especially in a comparatively small city such as Montrose, she said.

“The thought of people knowing about it and them not having control over that, one of the things we stress is victim protection and protection of their identity,” Rodriguez said. “Victims should have the right to privacy, but when it’s high profile, they don’t necessarily have [privacy].”

Crime and punishment Serra’s fate will be decided at sentencing Jan. 19. Punishment can range from probation to prison, as his plea agreement left that up to the judge. Serra’s bond violation conviction carries a mandatory jail term.

A pre-sentence investigation report, including

a psychosexual evaluation, will help guide the judge. Considerations include rehabilitation for the offender, sending a message to the community and an offender-specific deterrence.

Sex offender assessments look at the level of risk, appropriateness for community placement and intensity of treatment. Assessments have to include cognitive function, mental health, medical issues, substance abuse, developmental history, risk, motivation for treatment, and the impact on the victim.

Rodriguez says that in her experience, power differentials between the offender and the victim are taken into consideration.

“There’s different reasons why offenders offend. Sometimes, it’s for sexual reasons, sometimes, it’s more for power,” she said.

“We need to know that, as far as community safety and victim safety is concerned, if we’re looking at treatment and supervision.”

Robert Shapiro, the first assistant attorney general who prosecuted Serra, said: “There’s no such thing as a cookiecutter sexual evaluation, or a cookie-cutter, onesize-fits-all sex offender.”

In appreciation of our Veterans, you're invited to our

legal right to enter a guilty plea pursuant to the Alford opinion, at some point, being forthcoming is a requirement for an offender to be successfully managed and treated in a community setting,” Shapiro said.

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ductive to treatment, and they can’t really be successful in treatment.”

Because Serra was once a prosecutor, “I think he would know he would have to admit the offense in treatment,” Rodriguez said.

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But Serra’s Alford plea, which denies guilt, is problematic. The state’s sex offender treatment standards give a perpetrator 90 days after treatment starts to admit what he or she has done.

“The reason for that is that offense-specific treatment is so accountability focused,” Rodriguez said. “If an offender is in denial, they can’t be accountable for the offense. We believe that is very counterpro-

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Motorists beware: Icy roads expected

BY KATI O’HARE DAILY PRESS WRITER

Motorists are advised to drive carefully today as Wednesday’s snow melt was expected to turn to ice overnight, and roads could remain frozen as temperatures continue to be frigid throughout the next few days, according to National Weather Service officials.

“The inversion of cold air will be hard to get rid of,” said meteorologist Joe Ramey of the National Weather Service in Grand Junction. “Frozen roads and areas of fog are a pretty safe bet (this morning).”

Although no more snow accumulation is expected this week, temperatures will remain low, he said.

Today’s high is forecast to be 35 degrees, dropping to around 10 degrees at night, according to Ramey. Friday’s high is expected to be 38 degrees.

Wednesday morning’s cold front passed over the Montrose area, as well as the Grand Mesa and Northfork Valley. Parts of Montrose got up to six inches of snow early Wednesday, with the most snowfall recorded for the day — 12 inches — at the base of Powerderhorn ski resort, Ramey said. Silverton and Gunnison only recorded

about an inch of snow, he said.

Ramey said two more storms are expected to pass over the western U.S., one starting today and another early next week. However, these storms are not expected to drop any precipitation on Colorado.

“It looks like we’ll be dry up through Christmas,” he said.

Delta Montrose Electric Association members did experience a few interruptions in service due to the heavy snow in the area.

Power was off from 10 a.m. to 11 a.m.

Wednesday from Menoken to Falcon roads along Colorado 50, affecting 169 members, according to DMEA. And 71 members southwest of Cedaredge experienced an outage lasting about an hour earlier Wednesday morning.

Montrose’s Streets Department also was busy Wednesday clearing the heavy, wet snow from the city’s arterial roads, streets supervisor Bobby Morales said.

The city crews will be clearing more snow downtown early this morning, but will leave a majority of the sidestreet clearing up to Mother Nature, Morales said, adding he expects much of it to be “icebergs.”

JOEL BLOCKER / DAILY PRESS

Satoshi Bautista, 5, tries to keep his balance while sledding at the sled hill in Altrusa Park Wednesday afternoon.

Ex-DA disbarred Serra ‘violated duties, caused injury’ reg counsel says

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Disgraced former top prosecutor and recent felon Myrl Serra was formally disbarred Wednesday, under an agreement he reached with the state Supreme Court’s Attorney Regulation Counsel.

Serra entered into an agreement of conditional admission of misconduct on Monday, which was filed with the state high court on Tuesday. It became effective Wednesday (pending formal acceptance by the presiding disciplinary judge), and Serra has 90 days to pay $91 in court costs.

It will be at least eight years before Serra could be considered for readmission to the bar, and it’s highly unlikely he would be successful, Supreme Court Regulation Counsel John Gleason said.

Serra was convicted by an Alford plea of unlawful sexual contact and extortion in October.

(Under the plea, he did not admit guilt, but the court makes no distinction between an Alford plea and a guilty plea.) He was convicted at trial in August of felony bail violation and harassing one of the victims in the sex case.

Serra had been arrested on the sex allegations

in September of 2010, when he was accused of victimizing three women who worked in his offices. That December, he was accused of following one of the women around a department store, harassing her and thereby violating the conditions of his bail and a restraining order.

Under threat of imMyrl Serra peachment, Serra resigned in January.

Disciplinary procedures against an attorney are separate from any criminal proceedings. Disbarment is only one of many possible sanctions that the Supreme Court can impose on an attorney; sanctions depend upon the nature and scope of the felony conviction, Gleason said. Colorado’s criminal law, however, states that anyone SEE DISBARRED, PAGE A4

New mandate spurs last-minute budget tweak

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Montrose County commissioners were slated to go to Nucla Wednesday for the formal adoption of 2012’s budget.

Old Man Winter had other plans.

Ron Henderson, Gary Ellis, David White and county staff

members were unable to make the trip on the treacherous, snowy roads.

Instead, commissioners conducted the budget meeting for Nucla and other West End attendees via telephone from Montrose. They approved a net mill levy of 16.879 mills (for property tax rates) and a budget of $60.2

million in total appropriations, plus an “11th hour” change to meet a new state mandate — and a $1.5 million reserve fund required under TABOR (Taxpayers Bill of Rights) — for a total of $61.5 million.

The reserve fund is “sacred,”

JOEL BLOCKER / DAILY PRESS

Volunteers Fred Gussman, left, and Melanie Lien prepare meals at Christ's Kitchen Wednesday afternoon.

Foundation boosts local organizations

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Sue Montgomery didn’t know it Wednesday, but she and the Dolphin House Child Advocacy Center are getting some help today with the cost of training sessions that ultimately benefit the child victims of abuse.

“Training first responders and those who provide care for our community’s children — whether they be parents, grandparents, after-school care, etc. — is a very high priority,” said Montgomery, Dolphin House executive director.

Now, thanks to the Montrose Community Foundation, the Dolphin House will get a little help with providing handouts, posters and other educational materials for such training. The center is among several successful applicants for this round of grants from the endowment-funded foundation.

The awards were to be announced this morning at the Montrose Association of Commerce and Tourism. An offi-

SEE BUDGET, PAGE A4 SEE GRANTS, PAGE A5

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Virginia Breit of Montrose

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LOCAL DISBARRED: Colorado Bar Association hails sanction as appropriate

A4

THURSDAY, DECEMBER 15, 2011

MONTROSE DAILY PRESS

▲

FROM PAGE 1 convicted of a felony is disqualified from practicing law.

The Colorado Bar Association says Wednesday’s stipulated agreement to disbar Serra was the correct sanction.

“The oath that lawyers take, we are officers of the court. We swear that we will, in the course of our professional lives, act with truth and honor, and the crimes that Mr. Serra pleaded to show a lack of honor,” said David Masters, president of the CBA. Masters is a Montrose attorney who has represented the Daily Press in the past.

“We also, by taking the oath, promise in the course of our lives to treat everyone with courtesy, respect and honesty,” Masters said.

“Given his Alford plea, he breached that oath.”

The affidavit of conditional admission of misconduct echoes Masters’ take on the matter.

Serra “failed to maintain his personal integrity and abide by the laws of the state of Colorado,” the document states.

“In doing so, respondent (Serra) violated his duties to the public and to the legal system.”

The agreement further states Serra committed crimes knowingly and intentionally, and has “caused serious injury to the reputation of the legal profession and serious actual injury to his victims.”

The document lists several aggravating factors: dishonest, selfish motive; a pattern of misconduct; multiple offenses; refusal to acknowledge the wrongness of the conduct; vulnerability of the victim, and his substantial experience in practicing law.

The only mitigator: the lack of a prior disciplinary record and other sanctions.

“When a district attorney commits serous criminal acts while holding an elected office pursuant to which he has sworn to uphold the laws of the state of Colorado, imposition of the most severe sanction

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available is appropriate,” the affidavit states.

“A district attorney is no different from any other attorney,” said the ARC’s Gleason. “In fact, they actually have a heightened sense of responsibility. The Supreme Court takes the professionalism concern very seriously. When it is a case like this, we look at it very carefully.”

Disbarring district attorneys is rare, but it has happened, he said.

BUDGET: County sets 16.879 mill levy; $61.5M budget for 2012 FROM PAGE 1 County Manager Jesse Smith told the Daily Press, and cannot be spent except for in instances of extreme emergency, such as a significant natural disaster.

The 2012 budget represents a 10-percent reduction in revenue over 2011’s, and an 8.4 percent reduction in expenditures.

The chops didn’t come easily, and, commissioners acknowledged, 2012’s budget is not going to please all comers.

“It’s not by any means perfect in some people’s eyes,” White said. He praised, however, the new strategy employed in developing 2012’s budget.

With randomly selected citizen focus groups, the county developed a strategic plan and attached the goals of the plan to the budget by revising its chart of accounts and matching up departmental business plans. The county in 2012 will establish a fleet fund as an internal service fund and consolidate the sheriff’s office budget into the public safety sales tax fund.

The county has also shed positions — depending on whom you ask, either too

David White few, or too many — so that its number of full-time equivalent employees was reduced by 27.

Initially, 30 positions were cut, but last Friday, the county was hit with a new state Department of Public Health requirement for its Health Care Program for Children with Special Needs.

The county had to add three nurse positions as a result. Their duties will be split between HCP, immunization and child welfare work, Smith said.

By the end of the next three years, the state will have paid up to $44,000, total, for the program. The county hopes it will be able to use a Temple Hoyne Buell Foundation grant

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Serra, who is facing up to 12 years in prison and sex-offender registration requirements at sentencing Jan. 19, would have to reapply to the bar after a minimum of eight years, Gleason said. Serra would have to sit the bar exams again, and also undergo a character and fitness hearing.

“It’s very rare that a disbarred lawyer is again readmitted,” Gleason said. “They have to show dramatic rehabilitation.”

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about $6,000 for HCP this year, Smith said. If the county receives the foundation’s blessing to use the grant for the HCP nurses, it will still be $11,000 short.

“It’s going to have to come out of our hide,” he said. “Going forward, it’s anybody’s guess. We’re still trying to unravel it, but I’m not going to hold my breath that $6,000 over the next four years will morph” into more money.

Commissioners on Wednesday also approved a $2.6 million supplement to 2011’s budget to reflect late-arriving revenues and their associated expenses.

The bulk of the supplement was pushed by from changes to a governmental accountability standards rule, which changes how funds are defined, Smith explained.

The county formerly kept separate its justice center sales tax fund — money left over from a 1percent sales tax that sunset in 2006 that is gradually being drawn down — and also the $1.5 million yearly TABOR reserve fund. Both must now be part of the general fund, and the county is adding them as designated line items.

The 2006 sales tax fund accounts for $1.7 million of the $2.6 million supplement. The remainder is the result of the TABOR reserve and capital improvement projects.

These include remodeling the sally port of the elections division and some rooms at the county’s south campus, one of which so that it can be used as an emergency courtroom.

The county also decided to purchase Raspberry (communication) Tower No. 1, which was facing foreclosure and is vital to public safety.

that was earmarked for a since-axed Health and Human Services program to help fund the requirement.

If it can’t, the county will have to backfill the shortfall, with a budget amendment as requested by HHS. Two West End officials expressed skepticism.

How, asked Richard Craig, could the state square such a requirement against Gov. John Hickenlooper’s Executive Order No. 5, which stated there would be no unfunded mandates?

“So was the governor’s order was bogus?” Craig asked.

Christina Pierce further noted that $44,000 spread over a full three years isn’t even enough to pay one nurse’s salary for one year.

And though HHS plans to send a nurse to the West End twice a week, that strategy failed previously due to the nurse burning out over the travel commitment, Pierce said.

She would later reiterate the West End’s opposition to the upcoming closure of its dispatch center, which was the sheriff’s decision.

Sheriff Rick Dunlap said previously that he simply can no longer afford to operate and maintain a second dispatch center.

The HHS plans to rotate nurses so that the same nurse isn’t going to the West End every week, Smith said.

As to the unfunded mandate for the positions in the first place? “I’m just mystified,” Henderson said, with Ellis and White expressing agreement.

They noted that the state imposed the new program requirement just last week. There was neither time nor opportunity to go back and revise the entire budget to reflect the new requirement, they said.

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VOL 129, NO. 156 75 cents MONTROSE, CO 81401 www.montrosepress.com

Crime and punishment

NATE WICK/DAILY PRESS

Former district attorney Myrl Serra, center, reacts to a judge's ruling during his sentencing hearing Thursday while his attorneys, Peter Albani, left, and M. Colin Bresee, listen.

Serra victims detail impact of his crimes

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Former district attorney Myrl Serra has two faces, prosecutor Robert Shapiro told a rapt court in Montrose Thursday, when Serra drew probation for a 2010 sex offense and prison for violating bond.

One face: The public persona of an involved community member and loving family man. The other face, Shapiro said, is that of an opportunistic narcissist who abused female employees during a yearslong reign of terror.

Shapiro, a state first assistant attorney general, sought eight years in prison on Serra's plea to unlawful sexual contact and extortion. He sought 18 months on the bond case.

"Six-hundred and forty-four days ago, I was in Myrl Serra's office, and was sexually assaulted," said one of three women Serra committed sex offenses against while the elected district attorney.

"I told him 'no.' My words did not go unheard. ...

He chose. I was not given a choice. He took away my rights."

In 2010, she was forced to touch Serra's genitals after he seized her wrist and guided her hand, according to past court testimony. She had been summoned to his office after asking him if she could get off work early.

After Serra's Sept. 30, 2010, arrest, he posted bond.

That December, he encountered the woman at a department store. He smirked at her, which violated a restraining order and constituted harassment, a 2011 jury found. Serra was also convicted of violating his bond.

Last October, he admitted via an Alford plea that there was enough evidence to convince another jury to convict him in the sex case. He pleaded to unlawful sexual contact and extortion.

"I cannot make Myrl Serra a better person," his victim said. "I cannot cure his sickness. ... (Serra) did not just have a bad day. He is a predator. He chose to break the law over and over again."

Serra exposed himself to another victim and asked her to touch him sexually, which she refused to do. Serra's response was to send her taunting emails, the woman said Thursday.

A third woman was also victimized — and by extension, so were her family and the entire 7th Judi-

GRAPHIC BY KATRINA KINSLEY/DAILY PRESS INFO COMPILED BY KATHARHYNN HEIDELBERG/DAILY PRESS

This graphic shows excerpts of letters from 7th Judicial District employees and citizens who disagreed with others' calls that former district attorney Myrl Serra receive a lenient sentence for sex and extortion offenses. cial District, she said.

Serra forced one of the women to masturbate him, according to what was said in court. While a deputy prosecutor, he was caught viewing porn on an office computer and reprimanded, and yet, just 24 hours before his 2010 arrest, he was again viewing porn at work, Shapiro said, citing forensic computer evidence.

All three women went to work for the DA's office in hopes of making a difference in their communities, Shapiro said. "They had no idea they were walking into a cauldron, where (Serra) could flip the switch and become a tyrant," he said. "... He felt untouchable, a man made of Teflon. The intimidation, influence and control were staggering."

Adults should feel safe at work, especially when work is the DA's office, Shapiro said.

"I and the other victims come to work every day at what we think of as the crime scene," said one of the women, who called Serra a sexual deviant.

"I lived in constant fear under the dictatorship of Myrl Serra," another of the victims said. "He stole my pride, confidence and safety. ... My concern is he

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Jenna Ferguson of Montrose

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SPORTS: Olathe wrestling squad battles Hotchkiss at 7 p.m.

Page A12

NATE WICK/DAILY PRESS

Myrl Serra, center, confers with his attorneys, Peter Albani, left, and M. Colin Bresee, after his sentencing hearing Thursday. can't see the harm he has done."

Although a pre-sentence evaluation put Serra at low risk for re-offending, the victim said "it's not a question of if he re-offends, but when."

A third woman Serra abused recalled April 15, 2010. She said Serra walked into her office, exposed

TODAY’S WEATHER Chance of rain and snow High 41, Low 25 See details, Page A15

SEE SERRA, PAGE A4

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FRIDAY, JANUARY 20, 2012

LOCAL

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SERRA: Former top prosecutor admits poor judgment; denies crimes FROM PAGE 1 himself to her, asked her to touch his genitals, and when she said no, touched her shoulder to encourage her as she again said no and demanded he leave.

Within minutes of the encounter, she received a barrage of mocking emails.

"It was repulsive and disgusting. ... His enjoyment of making me uncomfortable was obvious," the woman said.

Serra victimized the judicial district he was supposed to serve, she said. "They placed their trust in the DA. Myrl Serra was a complete failure."

The women said the case and its publicity, including the electronic posting of Serra's affidavit by the Daily Press and other media, exacted a heavy toll on them.

Serra's brother-in-law Brad Tompkins spoke on his behalf.

"This has been devastating for him, as well," said Tompkins, noting that Serra is going bankrupt, losing his home and was disbarred in December. Serra had revoked his own bond to begin serving time last fall, his brother-in-law noted, and wanted to reserve the bond to pay restitution.

Further, Serra has been separated from his young son, defense attorney M. Colin Bresee said later. Serra wiped away tears when Bottger later said he could have contact with his son, even though sex offenders usually cannot have contact with anyone younger than 18.

"Our hope would be you could find ... that time served and a good deal of community service" would restore Serra to the community. "I know he is truly sorry for any harm that's been caused to everyone," Tompkins said.

Serra speaks When Serra's turn before the court came, he jokingly apologized to Mesa County Judge District Judge David Bottger for how his hair had grown.

Times like these, he indicated, showed him who his friends truly are — a point Bottger would later revisit.

Serra admitted placing himself in a precarious situation. But as to the offenses: "I did not do what (a victim) alleged. I acted poorly and immorally," Serra said, as the woman wept in the rear of the courtroom.

"I've always owned my mistakes," he said. The mistake that led to his downfall was a failure to recognize the power dynamic between boss and employee, Serra said, characterizing his contact with the victims as mutual flirting or consensual.

"I never took into account the position of power,"

NATE WICK/MONTROSE DAILY PRESS

Former district attorney Myrl Serra, right, and one of his attorneys, Peter Albani, listen during his sentencing hearing Thursday. he said.

Shapiro would later accuse Serra of "reprehensible" victim-blaming, and reiterate that Serra lacked a sense of responsibility that would make him suitable for probation. And Bottger said he simply did not believe Serra's version of events.

Serra denied engaging in criminal conduct. He said that he lost his temper with one of the women because of her work performance and that an office administrator had wanted the woman fired.

That administrator later told the Daily Press he thought Serra's explanation was a cowardly attempt to cover "his perversions."

And Bottger said: "I don't believe this is a conspiracy of evil-minded women in Mr. Serra's office. I don't believe he was the victim or beneficiary of a line of women outside his office waiting to sexually gratify him."

Serra wasn't credible, the judge said. "I don't believe his version of events. I believe the victims — either that, or they are the most astounding actresses

I've ever met."

Courage trumps fear Last year when Serra was fighting the case, attorney Bresee had repeatedly questioned why the women waited so long to come forward. The AG's office countered with expert opinion concerning rape trauma (see Nov. 6, 2011 and Nov. 8, 2011 Daily Press.)

The women spoke to the question Thursday: They were afraid for their jobs and their reputations, believing their word would never stand against that of a sworn district attorney, they said.

One victim said she wanted to report what Serra had done, but was advised by a civil attorney she would be committing career suicide.

The woman who Serra asked to touch him said: "The decision not to immediately report is one I now regret."

SEE SERRA, PAGE A5

LOCAL

MONTROSE DAILY PRESS

FRIDAY, JANUARY 20, 2012

A5

â–˛

Personnel, curriculum explored during second meeting of district task force

BY WILL HEARST DAILY PRESS WRITER

Concerned parents, teachers and community members met with Montrose County School District administrators for the second straight week Wednesday night, with the agenda focusing on district personnel and curriculum as it has been impacted by reduced funding.

While school officials haven’t identified solutions to their problems, they are trying to raise awareness and increase support for the district among community members, particularly through meetings of the Community School Improvement Task Force, which have taken place the last two Wednesdays. For their next move, district officials plan to ask community members for their ideas, particularly in regard to how the district can improve its performance at a time when its budget is shrinking.

Kirk Henwood, the district’s director of human resources, has already been forced to make some difficult decisions regarding the district staff, as he explained during Wednesday’s meeting. Last year, 110 positions were cut from Montrose County School District, 44 of which were teachers. “Human resources amount to 80-81 percent of the budget,� Henwood said. “It is obvious large funding cuts will force personnel changes.�

The initial result of personnel cuts is larger class sizes, while the likely side effect is the quality of the education provided, according to Henwood.

In an effort to minimize the impact on student performance, Henwood is doing his best to keep some interventionists on staff. An interventionist specializes in assisting the district with trouble spots, such as struggling students or a specific area of study. Most interventionists employed by the district specialize in reading, a perpetual trouble area within the system.

But budget cuts have left the district with 17 fewer reading interventionists.

The district’s cuts have not taken place solely among personnel. Discretionary budgets (used to pay for books, copies, teaching supplies, field trips, etc.) have been cut 60 percent, officials said, while high school and middle school teachers have lost 50 percent of their lesson-planning time. Additionally, new technologies, especially computers, are not being replaced, and the technology staff has been reduced to half its former size.

Henwood was followed by Superintendent Mark MacHale, and Sheryl Solow, assistant superintendent of curriculum and instruction. MacHale said his district is in dire straits, as he was recently notified of a likely $2.3 million funding cut from the state for next year’s budget. MacHale also said the district ranks near the bottom in student achievement when compared to other area districts.

Mediating the discussion was school board president Kjersten Davis, who noted she was pleased with the turnout for Wednesday’s gathering. Along with better funding, she said, the district has been in need of greater community awareness. Davis said she and the administration were happy to have the support and input of so many concerned and informed parents, teachers and citizens.

The meetings will continue at 6:30 p.m. on Wednesday, Feb. 1 at the district’s main office at 930 Colorado Ave., and will be led by community members.

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The public, not privy to all the facts of the case, cannot begin to understand the level of intimidation the victims experienced, they said.

"These are not women who colluded. These are women who lived in fear," Shapiro said. "There was nothing consensual about what occurred month in, month out, at the hands of the defendant."

He would go on to say Serra created contradictory "fictions" and outlandish explanations for his behavior, even when Serra could have remained silent in the face of questioning.

Shapiro, and later the judge, praised the victims for their courage.

'Struggle' for balance "There are not one, not two, but three separate victims," Shapiro said, making his case for prison time.

"This is a sad time for this community, but it should be seen as a moment it rises from the ashes." Also because of the case, district attorneys statewide have been reminded their job is one of service, not power, he said.

"Myrl Serra violated that in the most reprehensible ways. He needs to see the light," the assistant AG said.

Serra is an excellent candidate for probation, Bresee countered. This is his first sex offense, and probation is a common sentence, Bresee noted, and repeatedly referred to the psycho-sexual evaluation that said his client is low-risk.

Prior to the evaluation, Serra's narcissistic personality disorder went undiagnosed; the level of denial to which Shapiro pointed is common among narcissists, Bresee said.

And his client is remorseful and empathetic, he said — willing to do whatever is required so he can return to the community and his son.

The sentence has to be consistent with other sentences in like offenses, Bresee argued, noting that in the 7th Judicial District, first-time sex offenders usually get probation.

He asked for two years of regular probation on the sex case and for the mandatory minimum of one year in prison on the bond violation, restraining order violation and harassment case.

Deciding on the best sentence was a struggle, Bottger said.

The people of the 7th did not elect a DA so he could use the office for his sexual gratification, the judge said. "At best, he was wasting his time and the taxpayers' money."

Serra's protestations of innocence after tendering the equivalent of a guilty plea falls on deaf ears, Bottger added — but the sentence relates to his criminal conduct, and not whether he was a bad boss, or an unpleasant person.

"I've struggled with trying to reconcile what Mr. Shapiro said about the public persona and the

crimes (Serra) has pleaded guilty to," the judge said.

"Your friends are the people who tell you the truth," Bottger told Serra, and then read from three letters. One attributed Serra's crimes to "hubristic entitlement" of the sort seen almost daily in news reports of celebrities and politicians.

But, Bottger noted: courts are required to hand down consistent sentences; Serra has been deemed a low-risk, and is unlikely to ever have the level of power over others he once enjoyed.

"It's not without a good deal of thought for the (offenses) I find that probation is appropriate," Bottger said, imposing four years and a host of conditions.

Serra drew a year's prison on the bond violation, but because of time already served in county jail and prison system diagnostic processes, he is likely to spend the sentence at the diagnostic center, not a prison facility. (See Saturday's Daily press for more details.)

He is to serve the prison sentence first, then return to begin supervised, sex-offender probation, the conditions of which include registration as a sex offender and 60 days in county jail.

Serra was also ordered to pay $7,936 to the state for prosecution costs and $6,104 in restitution.

Fall from grace: A timeline Sept. 30, 2010: • District Attorney Myrl Serra arrested by the Colorado Bureau of Investigation. • Governor’s executive order puts Colorado Attorney General in charge of Serra’s offices; Serra banned from offices and court buildings. • Serra becomes first felony suspect in Montrose County tested under new state DNA law. • First Assistant Attorney Jean Woodford appointed to oversee DA’s offices; deputy prosecutors sworn in as special deputy attorneys general.

Nov. 3, 2010: AG files formal charges.

Dec. 5, 2010: Serra again arrested, accused of harassing victim, violating bond.

Dec. 2010: State Rep. Don Coram makes impeachment noises re: Serra.

Jan. 4, 2011: Serra resigns as DA. Jan. 21, 2011: Dan Hotsenpiller appointed DA. Aug. 31, 2011: Serra convicted of bond violation/harassment.

Sept. 6, 2011: Serra revokes own bond, goes to county jail.

Oct. 19, 2011: Serra pleads guilty to unlawful sexual contact and extortion.

Dec. 14, 2011: Serra disbarred.

Jan. 19, 2012: Serra sentenced to prison and probation.

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SATURDAY

MONTROSE

January 21, 2012

VOL 129, NO. 157 75 cents MONTROSE, CO 81401 www.montrosepress.com

Helping hospice and local radio

Former DA could be headed for Denver, not prison

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Former prosecutor Myrl Serra could find himself held at the Denver Regional Diagnostic Center for the state Department of Corrections, rather than inside one of the state’s prisons.

Although he was sentenced to one year of prison for violating his bond, violating a restraining order and harassing a victim in his sex case on Thursday, Serra has already served more than 130 days in the county jail.

The Denver diagnostic center is where all state prison inmates are assessed for placement in a facility, and that process could take time.

“When someone comes into the center, we go through a variety of assessments and classification instruments — medical, dental, psychological, vocational, educational and treatment needs,” said Kat Sanguinetti, spokeswoman for the Department of Corrections.

“We also look at custody issues. He would have to identify those. Then they would decide where they would place him.”

For a high-profile offender such as Serra, the issues would include the level of danger he might face in a prison’s general population. His former role as district attorney would be taken into account, Sanguinetti said, but because his intake process has not begun, she could not be specific.

The DOC at times trades offenders with other states, she said. “They get our high-profile offenders; we get theirs, if (offender) is someone who we really feel like their safety is at risk.”

Intake can take weeks; processing can take months. The time left on Serra’s sentence might not be long enough to warrant transporting him to a prison.

“They may just hold him at DRC,” Sanguinetti said.

The facility is level 5, the highest security classification in the prison system.

Serra will return to Montrose County after his prison sentence (he must also serve parole) to begin a four-year probation sentence on his sex offense and extortion. Sixty days in jail were ordered as a condition of probation — and proba-

SEE SENTENCE, PAGE A3

Creative districts application meeting planned Monday

BY MIKE EASTERLING DAILY PRESS MANAGING EDITOR

NATE WICK / DAILY PRESS

Jackie Greene performs a concert Friday night at the Montrose Pavilion. The event, a benefit for hospice and KVNF-FM radio, was presented by Blue Sky Music.

Montrose seeks nominations for third annual development awards

BY WILL HEARST DAILY PRESS WRITER

The city of Montrose is accepting nominations for its third annual Community Development Achievement awards.

The CDA program, sponsored by the Community Development Department, is designed to encourage best practices in four pre-established categories, rewarding those who display exemplary creativity and dedication in working to improve the community. Those categories include commercial, residential, sustainability and landscaping.

Phil Freismuth of the Horsefly Brewing Company, winner of last year’s landscaping award, expressed surprise when he learned of the honor.

“We were just trying to make our place a bit more comfortable for our customers and evidently caught the eye of the planning board,” he said. “It was nice to receive such recognition

during a City Council meeting.”

Other winners last year included Dr. Christine Bloss, Bridgerhill Construction and Walt Hill Architecture (646 S. 1st St.); Kim Huchel Sullender, Colorado Creative Construction (502 S. 6th St.); and Summit West LLC and Damiano’s on Main Restaurant (1135 E. Main St.).

Projects completed any time in 2011 are eligible for this year’s awards, and nominations are being accepted until 4:30 p.m. on Monday, Feb. 27. Nominations and a brief description, contact information and a picture or pictures of the project under consideration should be emailed to rjoseph@ci.montrose.co.us or call Rob Joseph at 240-1427 for more information. Nominations also may be delivered to the Elks Civic Building, 107 S. Cascade Ave. The city Planning Commission will review nominations in March and determine this year’s award recipients. The awards will be presented during a ceremony in April.

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Michael Elm of Montrose

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Sports: Olathe wrestling team beat Hotchkiss Page A8

For a variety of reasons, Montrose doesn’t look or feel like a lot of other similar-size communities in Colorado — or even on the Western Slope.

Despite having a satellite campus of Colorado Mesa University, it isn’t home to its own college or university, and it isn’t a ski town. Its long history as an agricultural center means it doesn’t have as many Scott Shine young people, or tourists, as Crested Butte, Gunnison, Durango or other communities in the region.

Those characteristics might seem to work against the city in its bid to gain acceptance to the state’s first “creative districts” class — an official designation for contiguous geographic areas, communities or neighborhoods designed to attract creative entrepre-

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neurs and artists — but Scott Shine, executive director of the Montrose Downtown Development Authority, doesn’t think so.

“That’s not a bad thing,” Shine said, responding to a question about how the city is different from other towns it is likely to find itself competing against for official creative district status. “I think that makes Montrose unique.”

Even without hundreds of young ski bums, or art, music or literature majors walking its streets and occupying its coffee houses, Montrose has a good creative district foundation already in place, he said, and a quick glance at downtown seems to confirm that. Several fine art, photography, pottery and design galleries already populate the area, along with a coffee house, a brew pub, a music store and other businesses that fall under the “creative industries” heading. It also has an ever-increasing collection of public art and community gathering spaces.

Shine hopes to see repreSEE MEETING, PAGE A5

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SENTENCE: Serra to return to Montrose County after release FROM PAGE 1

BY WILL HEARST DAILY PRESS WRITER

On Jan. 13, Columbine Middle School students had one less thing to worry about as the school’s principal, Ben Stevenson, was temporarily replaced by some of their peers.

The students who served as principal for a day were awarded the position after successfully taking part in a fundraiser. For the second year in a row, Columbine students sold Coffee Trader coffee to friends and family members.

The two students who sold $1,000 worth of coffee — Morgan Nichols and Adrianna Flowers — arrived at the school on Jan. 13 with a new level of power and responsibility.

The result was not a

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until 4. The fee for an adult cat is $30. Kittens and cats younger than 1 year are $50. Dogs are $60, and puppies are $75. All animals adopted from the Montrose Animal Shelter are spayed or neutered before going to their new homes and receive some vaccinations. For more information about Zeus and other available pets, call 240-1487, or visit http://montrose.animalshelternet.com.

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Myrl Serra listens intently as one of his victims make a statement during his sentencing on Thursday.

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“The fundraiser was very successful,” Stevenson said. “I am very proud of the entire student body.”

The funds will be invested in technology upgrades at the school.

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tion won’t be a walk in the park, said prosecutors.

“He will be watched like a hawk,” said Robert Shapiro, the Colorado first assistant attorney general who prosecuted Serra.

Sex-offender specific probation is onerous and rigorous, Shapiro said.

Any violation could send Serra back before the court; Shapiro said he would not be surprised to have to return to court to deal with probation violations before a year was out.

Serra’s attorneys said, however, that Serra would succeed at probation.

The former DA’s probation conditions include no contact with anyone younger than 18, other than his son, unless he has the court’s permission.

“There is no evidence Mr. Serra is a danger to children, especially male children,” Mesa County Judge David Bottger noted during sentencing.

Serra must register as a sex offender. Further conditions include: no contact with victims, the reporting of personal relationships, no pornography, notification every time he changes address, a curfew, and complying with and paying for treatment and other assessments.

Probation officials here could not be reached immediately Thursday for comment about how Serra’s probation might be structured, or whether a local probation officer would be handling it, given Serra’s past role here.

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SUNDAY

MONTROSE

January 22, 2012

VOL 129, NO. 158 $1.50 MONTROSE, CO 81401 www.montrosepress.com

Tough enough?

Attorneys, law enforcement officials react to Serra sentence

BY KATHARHYNN HEIDELBERG DAILY PRESS SENIOR WRITER

Myrl Serra’s sentencing was at the court’s discretion, his prosecutors and defense attorneys said.

Local law enforcement officials concurred and did not try to second-guess the judge who on Thursday imposed four years of probation on Serra for his sex and extortion offenses and one year in prison for bond violation and other offenses. They expressed hope that the victims could heal. They also said they were ashamed of Serra’s conduct.

“This was a violation of trust — trust with employees and the community,” Montrose Police Chief Tom Chinn said.

Chinn, who did not attend the sentencing Thursday, said he needs more information to determine whether the sentence was fair.

“But it does sound pretty light,” he said. “A longer sentence, in my opinion, probably would have been more appropriate.”

When Serra was arrested in 2010, Delta’s police chief Robert Thomas said he had trouble believing Serra could have offended. He said he’s since come to critical realizations and changed his views.

“I am empathetic and sympathetic toward the victims. I am not empathetic, nor am I sympathetic, toward Mr. Serra,” Thomas said.

As for the sentence itself: “It doesn’t make any difference what I think or say.

The court has made its decision. What I would like to see now is our victims do what they can to heal from this tragedy,” Thomas said.

“I feel for the victims. I feel for their significant others, and I also hope Myrl’s family heals from this tragedy.

They are also innocent victims. There is a healing process that needs to take place. (As for) Mr. Serra, I think he needs to get some help.”

Robert Shapiro, the state first assistant attorney general who prosecuted Serra, said he would not dispute the court. Shapiro had argued for eight years’ imprisonment for the sex and extortion offenses, and 18 months’ prison for bond violation and related convictions.

“We think Mr. Serra’s level of denial is deserving of a harsher sentence,” Shapiro told reporters after sentencing Thursday.

The court had noted an evaluator’s reSEE SERRA, PAGE A4

COURTESY PHOTO / LU ANNE TYRRELL

David Thorpe, a junior at Montrose High School, works on a marble sorter, an engineering project that is part of the school's Project Lead the Way, during Saturday's Uncompahgre Valley Business Expo at the Montrose Pavilion.

Business expo’s move to Saturday hailed as a success

BY LU ANNE TYRRELL SPECIAL TO THE DAILY PRESS

A steady flow of approximately 600 people of all ages meandered through

the Montrose Pavilion Saturday for the 14th annual Uncompahgre Valley Business Expo, taking advantage of networking opportunities or simply

COURTESY PHOTO / LU ANNE TYRRELL

Brandon England of the Bridges Golf Course Community visits with Ann Hasse of Colorado Work Force during Saturday's 14th annual Uncompahgre Valley Business Expo at the Montrose Pavilion.

learning more about many of the operations that call the valley home.

Attendees had an opportunity to learn more about Montrose’s variety of businesses, which included Colorado West Ophthalmology, All Points Transit, SOS Staffing and Megapixel Digital Imaging, among others. Most business offered information about their products or services that could be picked up, while area restaurants presented tantalizing food samples for visitors to taste.

This year’s exhibitors totaled 57, a number that pleased Jenni Sopsic, the executive director of the Montrose Association of Commerce and Tourism, which organized the event.

Sopsic said the event’s move to a Saturday this year was an obvious success and increased the traffic. In a survey, many of those who attended last year’s expo expressed their desire to see the event move to a Saturday, she said.

“Today, we are seeing an obvious increase in attendees who represent a SEE EXPO, PAGE A3

Sopsic named executive director at MACT

BY MIKE EASTERLING DAILY PRESS MANAGING EDITOR

For her first order of business on Monday, Jenni Sopsic will be removing the word “interim” from her title at the Montrose Association of Commerce and Tourism.

Late Friday, the MACT board of directors announced Sopsic had been named the organization’s executive director, a role she has been filling on an interim basis since October. The Grand Junction native has been with MACT for four years and previously served as director of marketing and public relations, taking over as interim director last fall when the board decided not to renew the contract of CEO Ken Brengle.

“I am very pleased,” Sopsic, a Fort Lewis College graduate, said on Saturday. “I think there’s some wonderful

things happening in Montrose this year, and being a part of that is certainly an honor. When you think about what we have happening with the USA Pro Cycling Challenge and what (Downtown Development Authority director) Scott Jenni Sopsic Shine is doing with the downtown area, it’s exciting and refreshing to see people coming together to create something great.”

Scott Beyer, the MACT board president, announced Sopsic’s hiring in a press release.

“We are thrilled to officially name Jenni as the executive director of Montrose ACT,”

he stated. “We are confident Jenni will continue to build on the momentum she’s gained in the few months she’s been the interim director. In addition to having a huge passion for all things Montrose, Jenni is a wonderful collaborator, an excellent communicator and an outstanding leader. She is the perfect fit for this position.”

MACT is designed to serve as the voice of the business community in Montrose, promoting the area as a tourism and retail shopping destination.

Sopsic pointed out that this was actually her second stint as the organization’s interim director. She served in that same capacity while MACT was going through its assessment and consolidation process before Brengle was hired. Both experiences gave

INSIDE THE DAILY PRESS Published for the Uncompahgre Valley and Kendall Unruh of Montrose

CALENDAR . . . . . . . . . .A2 LOCAL . . . . . . . . . . .A3-4 STATE . . . . . . . . . . . . . .A5 OPINION . . . . . . . . . . .A6 NATION . . . . . . . . . . .A7-8 TV LISTINGS . . . . . . . .A8 WORLD . . . . . . . . . .A9-14

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Sports: Check out tips From Dan Soderlind Page A10

her a good understanding of what the job was like, she said, so she was very comfortable accepting the board’s offer to serve on a full-time ba-

‘I think there’s some wonderful things happening in Montrose this year, and being a part of that is certainly an honor.’

Jenni Sopsic MACT executive director ▲ sis.

Along with this summer’s bike race — she serves as the co-chair of the local organiz-

TODAY’S WEATHER Partly cloudy High 32, Low 17 See details, Page A13

ing committee — Sopsic said she is excited about a number of other projects she’ll be working on, including an analysis and strategic plan for the Montrose Pavilion and growing the MACT membership.

“I also think the chamber can do more to tell the stories of our member to the community,” she said. “We already do a good job of telling people about our events, but we need to do more to tell the stories of our membership. That’s something we’ll start to move forward with.”

Sopsic said she plans to explore new ways to promote the area’s tourism offerings and emphasize the retail enhancement program, which encourages people to shop locally. She also will continue to SEE SOPSIC, PAGE A4

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MONTROSE DAILY PRESS

â–˛

SERRA: Defense attorneys say sentence consistent with other cases FROM PAGE 1 port that Serra was at low-risk for re-offense, and, said Shapiro, Serra is unlikely to ever again have the same level of power over others that he enjoyed as district attorney.

But Serra should have been made to prove himself worthy of probation by first serving some prison time, Shapiro said. “I would rather have seen him go to prison first. We would have preferred he got the wake-up call first,� he said. “I would not find it unreasonable for us to be back in this court again within a year,�

Shapiro said, adding that Serra needs to evolve and come to

terms with what he did.

But defense attorneys M. Colin Bresee and Peter Albani called Serra’s sentence consistent with what is handed down in the 7th Judicial District to first-time sex offenders.

At sentencing, Bresee mentioned (though not by name) former Delta mayor Roy Nelson, who received probation for sex offenses, as well as Melton Brown and Richard Colbert, who sexually offended against the same girl, yet drew community corrections sentences. (Colbert was discharged for medical reasons, while Brown was resentenced to prison for violations.)

In both cases, the plea agreements were brokered by the of-

fice of the DA who had replaced Serra, Bresee said. “There were definitely competing views of justice, but Mr. Serra was treated fairly,� Albani told reporters.

None of the offenders mentioned by Bresee was ever a district attorney, but Bresee said it would not have been fair for the court to have considered Serra’s former line of work. “That’s why Justice wears a blindfold,� he said.

Delta County Sheriff Fred McKee also referred to requirements for consistent sentences of like offenses. “We probably would all prefer to see stronger sentencing, but the judge is under a requirement to be consis-

tent,� he said. “Some people may disagree with the sentence that was handed down. I can’t answer for the court, but I think this sends a clear message that no one is above the law, regardless of their position in life,� Montrose County Sheriff Rick Dunlap said.

Dunlap also said he hoped the victims can heal. “I hope that Myrl Serra does follow through and get the help that he needs. It’s obvious from what was said in court that he needs help,� the sheriff said.

Dunlap, who had worked with Serra for years, said it was strange to be sitting in a courtroom watching a former DA being sentenced to prison

NEWS IN BRIEF â–˛

SOPSIC: New MACT director excited about long list of projects

Tandem Families plans open house

STAFF REPORTS

FROM PAGE 1

Delta man faces arson complaints

handle the organization’s marketing and public relations responsibilities.

Beyer said a number of other changes were approved by the MACT board, as well.

Stacey Ryan will serve as the organization’s special events coordinator, a newly created position.

She was the MACT membership and communications coordinator. “After studying several communities, the board and City Council felt that this new position will benefit Montrose by attracting additional visitors, increasing the area’s recognition and, ultimately, increasing the city’s tax base,� Sopsic stated in the press release.

Also, Jodi Shormann will take over the role of membership development coordinator for MACT.

A Delta man faces two counts of arson and other charges after being arrested by Delta Police in connection with two incidents that took place Wednesday.

At approximately 9:36 p.m. that day, Delta Police officers responded to a report of a fire near a construction area on Cottonwood Drive. The Delta Fire Department responded and extinguished the fire, which caused damage to a container used to hold construction waste materials and a utility trailer, according to authorities.

Shortly thereafter, another report was received of a mobile home on fire. The Delta Fire Department and officers from the Delta Police Department responded.

The fire was extinguished with no reported damages to nearby residences, according to officials, but a power line was damaged, causing a power outage. Power was restored a short time later.

Officers also were advised of businesses with damaged doors and glass, including Bank of the West, Wells Fargo Bank, the Delta County Courthouse and Uptown Liquors.

Later, Fellipe Nriel Morfin, 37, of Delta turned himself in at the Delta County Sheriff ’s Office stating he was responsible for the fires and damages to the area businesses. Morfin was arrested and jailed by Delta Police for alleged second-degree arson, third-degree arson, and criminal mischief over $1,000 in damage.

He was being held at the Delta County jail on a $5,000 bond.

* * *

Special council meeting set Tuesday

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Hilltop’s Tandem Families program is playing host to an open house Thursday to recruit new mentors as part of National Mentoring Month.

A part of that observance, Hilltop officials are encouraging the young people who participate in their programs to thank their mentor families who have encouraged and guided them while having a lasting positive impact on their lives. Tandem Families is described as a family-to-family mentoring program committed to establishing family mentoring for children facing challenging circumstances. The program recruits individual or family volunteers who mentor children and their families in Delta and Montrose counties. “Mentoring promotes a brighter future while making a positive difference for youth and their family,�

Mary Kirby, the organization’s child and family services clinical coordinator, stated in a press release.

The Tandem Families staff is holding the open house from 11:30 a.m. to 1 p.m. Thursday at Hilltop’s office 540 S. 1st St. Staff members are encouraging community members to consider making a difference in the life of a child by becoming a mentor. Tandem Families is always recruiting individuals and families willing to serve as examples for young people and to show them healthy social, behavioral, and emotional skills, according to a press release. For more information on becoming a Tandem Family volunteer, contact Mary Kirby at 970-240-1085.

Ouray precinct caucuses slated Ouray County Republican precinct caucuses will be held at 7 p.m. on Tuesday, Feb. 7.

Caucuses for precincts 1 and 2 will be held at the Ouray Community Center in Ouray. Caucuses for precincts 3 and 5 will be held at the 4-H Center in Ridgway, the caucus for Precinct 4 will be held at the Colona Restaurant in Colona.

For more information, visit www.OurayRepublican.com.

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and probation. But it had to happen, he said. “I think people hold elected officials to a higher degree of accountability, and especially officials that are in the line of work we’re in, and that Mr. Serra was in, and rightly so,� he said. “They hold a position of trust that is placed in them by the people.�

Said Chinn: “We’re all human, and we’re all flawed, but the people have a right to a higher expectation for elected officials and law enforcement officials. “Myrl certainly was a huge disappointment to me.�

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Serra poised to appeal bond case Ex-DA declared eligible for representation by public defender

By Katharhynn Heidelberg Daily Press Senior Writer

later testimony indicated she felt Serra was trying to convey to her that she was powerless.

Serra denied the allegations, but the jury found him guilty.

Serra in October 2011 pleaded out the sex case, and by his plea was convicted of one count of unlawful sexual contact (pertaining to all three victims) and extortion.

The jury’s decision in the bond violation case appears to have been a factor in the plea: In an email, Robert Shapiro, a prosecutor for the state attorney general, called the case “extremely resolvable” because of the verdict.

Then-defense attorney M. Colin Bresee said Serra pleaded out to avoid a possible indeterminate prison sentence, even though he “obviously feels he’s innocent.”

On Jan. 19, Serra was sentenced to four years of probation on the sex case — over the victims’ objections — yet adamantly denied having done anything wrong. Bottger rejected Serra’s attempts to cast slurs upon the victims, stating their words were more credible than were Serra’s.

Serra was also sentenced Jan. 19 on his bond violation and harassment case, drawing a year in prison (minus time served in county jail after he revoked his own bond), to be followed by 60 days in county jail upon release.

This is the conviction and sentence Serra wishes to appeal, according to Bottger’s order.Serra in October 2011 pleaded out the sex case, and by his plea was convicted of one count of unlawful sexual contact (pertaining to all three see serra, page A3

Easy does it

An employee of the Tri-State Generation and Transmission Association lowers a dummy to safety as part of a training session at the organization’s facility on South Rio Grande Avenue Thursday afternoon. The procedure was being filmed for a video that will be used to prepare others for rescue operations in the event a coworker is injured while climbing or working on power lines.

Williams cleared in kidnap case Complaining witness is fugitive in Texas sex assault

By Katharhynn Heidelberg Daily Press Senior Writer

The kidnapping case against Andrew Williams — who was accused last year of posing as a police officer in order to torment a man from India — has been dismissed.

In a written motion to dismiss that was granted on Monday, prosecutors said they could not guarantee the availability of the complaining witness, Hitesh Patel, whose testimony is crucial to the case.

That’s because Patel allegedly fled Montrose after

bonding out of jail here on a Texas warrant for sexual assault, said Williams’ attorney, Terry O’Malley.

Patel is considered a fugitive from justice, Montrose Combined Court records show. The records confirm a warrant from Ingleside, Texas, alleging sexual assault.

Patel is further wanted in Montrose County for failing to appear on a DUI complaint.

Other allegations against Patel could not be confirmed Thursday.

“A big picture developed

Published for the Uncompahgre Valley and Gerald Kirkland of Montrose

of who he really was,” O’Malley said Thursday. “ ... This (Patel’s history) would be quite a movie, but it would be too crazy for Hollywood to make a movie out of — nobody would believe it.”

Williams was accused of kidnapping Patel last July from a local bar by pretending to be a police officer.

Patel alleged that Williams drove him to several locations, eventually forced him out of the car and made him perform Muslim prayer rituals while demanding to know his religion and country of

origin. Patel said he convinced Williams to release him by saying his family was tracking him through his iPhone.

But his statements to police and subsequent testimony were rife with contradiction, according to the defense, which at a preliminary hearing last year deemed Patel “wholly unreliable.”

In subsequent court filings, O’Malley contended that Patel was angling for favorable immigration status and was also hoping for a big payoff in civil court.

Defense motions sought see TEXAS, page A7

Files brings history of consensus building to City Council race

By Will Hearst Daily Press Writer

Teamwork is critical for accomplishing goals, and Judy Ann Files, a retired area school teacher, believes she has the skills set necessary to bring everyone together for the benefit of the city Judy Ann of Montrose.

Files will be running Files for the council at-large seat against Jim Brockman, the other declared candidate. The seat will be vacant because its current holder, Councilor Bill Patterson, is seeking election to the council’s District IV seat in the April election.

Files has spent 46 years in Montrose.

After leaving for a short time, she returned to Montrose with her husband, Ralph, in 1969. She elected to pursue

Inside the Daily Press Calendar . . . . . . . . . . a4 OPINION . . . . . . . . . . . a6 local . . . . . . . . . . . a3-7 state . . . . . . . . . . . . . . a7 nation . . . . . . . . . . . . . a8 world . . . . . . . . . a9-10 tv listings . . . . . . . . a10

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sports . . . . . . . . . . . a12 OUTDOORS . . . . . . . . a13 comics . . . . . . . . . . . a14 weather . . . . . . . . . . a15 obituaries . . . . . . . . a15 classifieds . . . . . . b1-6

Sports:

Montrose boys basketball squad’s league title hopes rest on tonight’s outcome Page A12

her career and raise her two children, Craig and Christina, in the town where she was born.

Files began her teaching career in elementary education, and over the span of three decades, she taught a number of subjects and various ages.

In the final eight years of her career, Files focused on special education.

“Special education requires collaboration,” said Files about her involvement with students, parents, school agencies and other groups as an educator.

Files’ experience with collaboration continued, even after retirement from the school system, with her volunteer involvement at various local and state agencies.

“I have been acquiring some additional training in consensus building through regional workshops,” Files said.

More important, she said, she has

put those skills to practice with her involvement in the Public Lands Partnership over the past eight years.

Her role in the group requires her to work with several agencies and work toward creating a consensus on public land usage.

Experiences like that would help her become an effective member of the City Council, she said.

“I think the council is having difficulties because of their inability to work as a team,” she said.

Files understands collaboration requires face-to-face listening, as well as trust, she said.

“We may not always agree on the items, but we can agree on the best solution,” she said.

Files has a history of community involvement. She has participated in a number of school and community groups. She also helped organize the see RACE, page A5

Today’s Weather Mostly sunny Highs 42, Low 25.

See details, A13

Montrose Daily Press 3684 N. Townsend Montrose, CO 81401 Hours: monday-friday 8 a.m. - 5 p.m. tel: 970-249-3444 fax: 970-249-3331

Come to the BIGGEST Expo on the Western Slope

The Home, Garden & Business Expo Friday, February 17th 10AM to 7PM & Saturday, February 18th 8AM to 3PM at Friendship Hall Enter to win a 4 piece kitchen set from Tri River Appliances. Drawing to be held at 3PM Saturday.

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Former top prosecutor Myrl Serra wants to appeal the convictions in his bond violation case, court records show.

Late last month, the court granted Serra’s motion to be declared indigent, and it appointed the state public defender’s office to represent him on appeal.

“Defendant wishes to appeal his judgment, conviction and sentence. He is entitled to appeal his case as a matter of right,” Mesa County District Judge Daniel Bottger wrote in a Jan. 27 order contained in Serra’s public case file.

The file did not indicate the basis for Serra’s appeal, and no formal appeal has yet been received, according to state Court of Appeals staffers on Thursday.

A jury convicted Serra last August of violating the bond conditions imposed after his arrest for sex crimes and extortion in 2010 when he was the sitting district attorney for the 7th Judicial District.

Serra was also convicted at trial of harassment and violating a restraining order.

The Colorado Bureau of Investigation had arrested Serra at his home Sept. 30, 2010, after an investigation into sexual offenses against women employed at his offices.

He was charged in that case with three misdemeanor counts of unlawful sexual contact, one felony county of unlawful sexual contact, criminal extortion and official misconduct.

While free on bond, Serra encountered one of the victims at a local department store, where he harassed her by smirking at her. The woman’s

Local

Montrose Daily Press

Friday, February 17, 2012

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SERRA: Was also convicted at trial of harassment and violating a restraining order victims) and extortion.

The jury’s decision in the bond violation case appears to have been a factor in the plea: In an email, Robert Shapiro, a prosecutor for the state attorney general, called the case “extremely resolvable” because of the verdict.

Then-defense attorney M. Colin Bresee said Serra pleaded out to avoid a possible indeterminate prison sentence, even though he “obviously feels he’s innocent.”

On Jan. 19, Serra was sentenced to four years of probation on the sex case — over the victims’ objections — yet adamantly denied having done anything wrong. Bottger rejected Serra’s attempts to cast slurs upon the victims, stating their words were more credible than were

Serra’s.

Serra was also sentenced Jan. 19 on his bond violation and harassment case, drawing a year in prison (minus time served in county jail after he revoked his own bond), to be followed by 60 days in county jail upon release.

This is the conviction and sentence Serra wishes to appeal, according to Bottger’s order.

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Pet of the day

What could be better than one fantastic feline?

Two! By adopting litter mates Victor and Vanessa, you can double your pleasure — and theirs, as they would really like to go home together. In one of the best package deals ever, Ridgway Second Chance Humane Society is offering the 8-month-old Russian blues at a discount: Pay full price for one; receive a second wonderful companion for half off. The cats had been adopted from Second Chance as kittens, but were returned when a new baby arrived at their former adoptive home. Help Second Chance give Victor and Vanessa their third shot at a permanent home. To adopt, contact 626-2273; e-mail sheltermanager@adoptmountainpets.org, or visit www.secondchancehumanesociety.org.

The shelter is in its new location at 177 County Road 10, approximately 2 miles outside Ridgway.

NEW

B R E W I N G • C O M PA N Y

Nate Wick/Daily Press File

Myrl Serra, center, confers with his attorneys, Peter Albani, left, and M. Colin Bresee, after his sentencing hearing in January.

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from page 1

Early childhood center change approved by board Page A3

Thursday

MONTROSE

March 15, 2012

VOL 129, NO. 203 75 cents MONTROSE, CO 81401 www.montrosepress.com

At long last

Where there’s smoke ...

Thanks to contributions, city gets river-front site it has sought for years

By Mike Easterling Daily Press Managing Editor

A 35-acre river-front site on the south end of town that city officials long have coveted will be in their possession soon, thanks to financial contributions from a local couple and the Delta-Montrose Electric Association.

City officials announced Wednesday that a cooperative effort between Montrose residents Jim and Sharen Branscome, DMEA, and the city has resulted in a deal that will allow Montrose to acquire the property, which extends from the River Front development on the south end nearly one mile to the north. The site long has been viewed by city officials as a critical component of the inventory of public lands along the river and is part of the city’s Uncompahgre Riverway Master Plan.

The three-way partnership comes with a substantial financial commitment on all their parts. The Branscomes contributed $100,000 to the deal, DMEA contributed $300,000 and the city will contribute approximately $30,000 from the Conservation Trust Fund.

The deal has been put together over the past few months and see acquisition, page A4

Katharhynn Heidelberg / daily press

Flames briefly transform part of a field off 62.25 and Jan roads into a molten-looking landscape Wednesday morning. Montrose County dispatch records indicated the fire was a controlled burn, and people in trucks were seen monitoring the blaze. The fire district is reminding everyone else to burn responsibly, too.

By Katharhynn Heidelberg Daily Press Senior Writer

The blaze was attention grabbing.

Wednesday morning, it sawed through ground fuels in a field off 62.25 Road, near the Daily Press building, briefly setting a

tree aglow as jet-colored smoke choked out a bit of the sky.

This fire was a controlled burn, Montrose Regional Dispatch records indicate. It was being controlled by people in green trucks, and one of the vehicles had a hose and water

Katrina Kinsley/Daily Press

Thick smoke rises from a field fire to choke the sky Wednesday morning near the Daily Press building.

tank. By late morning, the fire appeared to have burned out — but not every such burn in recent days has been kept under control.

Also on Wednesday morning, Montrose Fire Protection District crews responded to an errant controlled burn at Sunnyside and 67.20 roads that blew up after a rancher began burning ditches.

And one Daily Press reader forwarded images of her charred landscaping, which she says was destroyed Sunday, after her neighbor — ironically, a firefighter — began burning grasses in his backyard.

The Montrose County Sheriff ’s Office responded to the fire, which occurred when the neighbors were not at home.

The Daily Press sought additional information from the fire district, but it was not available Wednesday.

“People need to consider the weather patterns before they light a fire,” said Allen Weese, see smoke, page A3

Serra appeals bond case

By Katharhynn Heidelberg Daily Press Senior Writer

Myrl Serra — the former top prosecutor now imprisoned for bond violation — has filed a notice of appeal.

“Everyone (who files) gets a stop at the Court of Appeals,” said Robert McCallum, a spokesman for the Office of the State Court Administrator.

“The notice of appeal starts the process.”

Serra was the elected district attorney for the 7th Judicial District in September 2010, when he was arrested for unlawful sexual contact.

Last October, Serra pleaded guilty via an Alford plea to one count of that offense. The count was amended so that it accounted for the victimization of three women who worked in his offices.

Myrl Serra He had also pleaded guilty via Alford to extortion. (A defendant admits by an Alford plea that there is enough evidence to persuade a jury to convict. It is treated the same as a guilty plea.)

In December 2010, Serra was arrested for violating his bond in the sex case by harassing one of the victims as she shopped at a local store. A jury last

August convicted Serra of harassment, bail bond violation and restraining order violation.

In January, he was sentenced to a year in prison in that case, to be followed by 60 days in county jail and four years of probation in his sex case.

Serra filed notice to appeal the bond violation case on March 5, which was recorded on March 7, court records show. He had earlier sought and obtained a court’s ruling that he is indigent and therefore entitled to have the Office of the Public Defender represent him on appeal (see Feb. 17 Daily Press).

“Issues on appeal may include, but are not limited to, all issues preserved by objection at trial, sufsee serra, page A3

Inside the Daily Press Published for the Uncompahgre Valley and Jack Miller of Montrose

Calendar . . . . . . . . . . a2 local . . . . . . . . . . . a3-4 state . . . . . . . . . . . . . . a5 nation . . . . . . . . . . . . . a5 sports . . . . . . . . . . . . a6 World . . . . . . . . . . . . a7

tv listings . . . . . . . . . a7 comics . . . . . . . . . . . . a8 weather . . . . . . . . . . . a9 obituaries . . . . . . . . . a9 entertainment . . . . . B1 classifieds . . . . . . B2-6

REBOOT YOUR JOB

Francis Wick / Daily Press

Jim and Sharen Branscome pose on a 35-acre site fronting the Uncompahgre River that they have helped the city acquire through a $100,000 contribution. The Delta-Montrose Electric Association will contribute another $300,000 to the project.

Sports:

Lady Indian soccer player signs letter of intent Page A6

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jobs.montrosepress.com Create your Profile and Post a Resume . . . Find what you’re looking for.

Welcome Home Montrose attracts crowd of 200

By Will Hearst Daily Press Writer

Approximately 200 area veterans and community members crowded into the Montrose Pavilion Wednesday night to listen to live music and speakers, and hear a presentation on Welcome Home Montrose, a group seeking to make Montrose a welcoming community for returning veterans.

Melanie Kline, the group’s founder, presented her vision of the program during the event.

Kline said she sees great assets already in place in Montrose for returning veterans and hopes to develop many more with community support. Events like the one Wednesday night, with live music and entertainment, are just one simple way to make Montrose

an inviting place for veterans, she said.

Tim Kenny, a local returning veteran has gotten involved with Welcome Home Montrose, had praise for the program.

“I think it’s a awesome

Highs in the 60s.

See details, A9

Will Hearst / Daily Press

Arline Chase of Montrose joins those who seek to create a supportive community for returning veterans during Thursday night’s Welcome Home Montrose meeting at the Montrose Pavilion.

Today’s Weather Sunny.

program,” he said. “The whole community is going to benefit. Were not just talking about wounded warriors but anyone with a disability — the whole community is going to benefit.”

Montrose Daily Press 3684 N. Townsend Montrose, CO 81401 Hours: monday-friday 8 a.m. - 5 p.m. tel: 970-249-3444 fax: 970-249-3331

Local

Montrose Daily Press

Thursday, March 15, 2012

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Board votes to consolidate Early Childhood Center operations vices Department receives an average of 90 work orders for the southern facility each year. The costs of these maintenance calls alone adds up to approximately $20,000 annually.

Because of an aging septic system, Arebalos believes the southern facility soon may require additional serious infrastructure investments. Currently, 128 students and 20 staff members use the southern facility, which was built in 1945.

Davis also identified the practical advantages of the consolidation.

“There will be less transportation for most parents, less transportation for the school district and it will be easier for the staff to communicate,” she said.

Her confidence in the decision is supported by the lack of negative feedback, she said. According to Davis, the school board has not heard any substantial concerns from

parents or staff members about the plan.

Arebalos expects the consolidation process to move quickly following the end of the academic year on May 23.

“I anticipate having the buildings set up and things moving by June or early July,” he said.

Initial costs of the consolidation, originally estimated at $156,000, consist primarily of the transportation and setup of the existing modular units.

Additionally, district maintenance crews will expand the playground area and improve the infrastructure at the Riverbottom facility. Arebalos also noted he and his staff are pricing additional, larger, mobile classroom units to accommodate the nearly 300 students and staff members.

On Wednesday, Arebalos, the ECC staff and school administrators toured the Riverbottom facility to discuss those

SMOKE: Caution urged for controlled burns

from page 1

battalion chief for the MFPD, offering general advice.

Anytime breezes are forecast, don’t burn, he said, noting that controlled burns tend to go better early in the morning, before winds kick up, and when there is still moisture on the fuels. By late morning, erratic winds tend to crop up.

“It’s the same thing we run into every year. A rogue wind comes out from a different way, and the fire takes off and runs on them,” Weese said.

“It’s hard to chase it down with just one person. That’s why it’s important to have plenty of help. ... If things are too dry, you need to think about what you’re doing. A lot of people just don’t understand how to burn responsibly.”

The fire district also recommends having plenty of resources — water, shovels and hose line — when conducting a controlled burn.

Also, call dispatch at 252-4020 before starting a controlled burn, and tell dispatchers when and where the burn will take place.

“That allows them to know where the fires are, and if someone calls in, you can stop a premature dispatch to us on a controlled burn,” Weese said.

And when in doubt? Just stop.

“If they have any doubts to start with, don’t do it,” Weese said.

“Obviously, (an out-of-control burn) doesn’t just affect their property, it can cross property lines” and lead to disputes between neighbors and insurance companies.

“If in doubt, don’t do it at all.”

Serra: Ex-district attorney could be released in July from page 1

ficiency of the evidence, and any other issues the appellant chooses to raise as plain error,” the notice of appeal states.

The notice asks for a transcript of all trial evidence.

A designation of record on appeal also recorded on March 7 says the clerk of court is to prepare all original processes and

pleadings, including motions, court orders and other documents, as well as transcripts of hearings, the trial, jury selection and jury questionnaires, material provided to jurors, including jury instructions, and a transcript of Serra’s Jan. 19 sentencing hearing.

The court has until June 4 to provide the

materials, which will go to the Court of Appeals.

After their receipt, briefings are to be filed, and a date for oral arguments will be set. A panel of three judges hears appeals cases.

Serra remains at the Denver Reception and Diagnostic Center, according to the state Department of Corrections’ website.

Because of pre-sentence confinement credit and the time it takes to process inmates, it is unlikely he will be transferred to a state prison: His parole hearing is listed for this month (date not specified), and his estimated mandatory release date is July 7.

improvements. He plans to present an updated cost estimate on the project at the next school board meeting on Tuesday, April 10.

No plans have been made regarding the use of the land and remaining facilities of the southern facility.

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A plan to discontinue the use of one facility and consolidate the operations of its Early Childhood Center at another location was approved by the Montrose County school board Tuesday night.

The Riverbottom location at 930 Colorado Ave. will now be the district’s sole Early Childhood Center site. But the aging southern facility, located at 18265 U.S. 550, will not exactly be closing its doors for good — two of its modular classrooms will be moved to the Riverbottom site to accommodate the increased number of students there.

The idea was proposed

by Jason Arebalos, the district’s property service supervisor, at the Feb. 14 school board meeting as both a practical and economical idea.

At last month’s meeting, Arebalos estimated the annual savings from

the change would be approximately $113,000 after initial set-up costs were covered. Following discussions with the board and district administrators, he is still confident the consolidation will provide the district with some much-needed savings.

“We still need to finalize our costs and present them to the school board for final approval,” he said Wednesday.

Arebalos noted he did not foresee any hidden or additional costs beyond what already had been discussed.

School board members discussed the consolidation in detail during a work session prior to Tuesday’s meeting.

“We were all very pleased with the proposal,” school board president Kjersten Davis said. “Everyone thought it just makes so much sense economically.”

According to Arebalos, the district’s Property Ser-

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In Brief s

Dog tag sales, rabies clinic set The town of Olathe is planning a dog tag sales and rabies clinic from 9 a.m. to noon on Saturday, April 14 at the West Slop Ag Center, 412 S. Fifth St.

The event is sponsored by the town of Olathe, the West Slope Ag Center and the Montrose Veterinary Clinic. Call the Olathe Town Hall at 323-5601 for more information.

www.montrosepress.com

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A pair of local conservation organizations will present a town hall meeting at 7 p.m. Thursday, March 22 at Memorial Hall, 175 N. First St. in Hotchkiss, to discuss the recent release of a draft environmental analysis by the Bureau of Land Management regarding oil and gas leasing in the North Fork Valley.

Officials from the two organizations, the NFRIA-WSERC Conservation Center and Citizens for a Healthy Community, will provide an overview of the draft environmental analysis, the BLM’s proposed three alternatives and the draft finding of no significant impact.

Everyone is welcome to attend the meeting.

The fee for tags for neutered or spayed dogs is $5, while the fee for non-neutered or nonspayed dogs is $10.

Olathe requires tags for all dogs older than 6 months.

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Town hall meeting planned

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Staff Reports

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Lady Pirates earn WSL basketball honors Page A10

Friday

MONTROSE

March 16, 2012

VOL 129, NO. 204 75 cents MONTROSE, CO 81401 www.montrosepress.com

Campaign letter stirs controversy

By Katharhynn Heidelberg Daily Press Senior Writer

A rule change may have put a local watchdog group inadvertently afoul of state campaign laws, it was learned Thursday, after controversy was stirred by a campaign letter sent to county Republican delegates.

The Montrose Information Team says that when it formed, it had consulted with the Colorado Secretary of State’s Office and was told it did not need to register as an issues committee until it had spent or collected $5,000.

The group does not support a particular candidate

or issue, and has not spent $5,000, said member Curtis Robinson, who last year filed a “statement of trade name of an individual” for the MIT. While the Colorado Secretary of State had increased the expenditure reporting threshold from $200 to $5,000 in 2011, court challenges have led him to since reinstate the former, lower threshold, said Rich Coolidge, a spokesman for the Secretary of State’s Office.

“If they raised or spent more than $200, they will have to file as an issues comsee Complaint, page A5

No early parole for ex-DA

By Katharhynn Heidelberg Daily Press Senior Writer

Former district attorney Myrl Serra went before a parole board for a hearing Wednesday, the state Department of Corrections informed the Daily Press Thursday.

The board, however, ordered Serra’s release on his mandatory parole date of July 7, and he remains at the Denver Reception and Diagnostic Center.

While the elected district attorney for the 7th Judicial District, Serra sexually victimized three women working in his offices. He was arrested in September 2010, and again in December of that year, for harassing one of the women in a department store, thereby violating his bond conditions in the sex case.

Serra, now 50, was convicted at trial last August of violating bond, violating a restraining order and harassment.

Last October, he tendered an Alford plea to an amended count of unlawful sexual contact that encompassed offenses against all three women. He also pleaded to extortion in that case. A defendant admits by an Alford plea that there is enough evidence to persuade a jury to convict. It is treated the same as a guilty plea.

In January, Serra was sentenced to four years of probation on the sex charge with 60 days of county jail.

He was also at that time sentenced to a year in prison for violating his bond conditions, but with pre-sentence confinement credit, is due for release in July.

Serra is appealing the conviction in his bond case. (See Thursday’s Daily Press.)

Daily Press/Will Hearst

Case Carpenter, left, and his father Bill of Dallas prepare to enter the enhanced security scanner in place at the Montrose Regional Airport Thursday. The Transportation Security Administration recently installed enhanced, automated target recognition software that displays a general outline of passengers, rather than passenger-specific images. Bill Carpenter said going through security is quicker now than in the past. The Carpenters travel through the airport about twice a year, en route to Telluride.

A new image

Courtesy/TSA

This courtesy photo shows the millimeter wave advanced imaging technology and automated target recognition software now in place at Montrose Regional Airport. The software allows the Transportation Security Administration to detect anomalies when screening passengers while enhancing privacy. The software elminates passengerspecific images and instead shows a generic, ‘gingerbread’ outline.

MEDC study on rec center’s economic impact draws varying reactions TMRAO in talks with low-cost airline

By Mike Easterling Daily Press Managing Editor

A Montrose Economic Development Corporation study that pegs the annual economic impact of a proposed community recreation center at $11 million was well received by supporters of the project on Thursday, but those opposed to it questioned the validity of the numbers and indicated it would not change their minds.

The study — whose results were released Thursday morning in a press release from Friends of the Montrose Community Recreation Center, the group that has been organized to campaign for the proposed $22.69 million project

— indicates the center’s economic impact over 10 years would equate to more than $123 million over 10 years, including initial construction. It estimates $6.5 million would be generated annually by visitors from outside the Montrose Recreation District and that 148 construction jobs would be created to build the center.

The study was conducted by the MEDC using its SiteStats program, which executive director Sandy Head said the organization purchased from Littletonbased Development Research Partners several years ago. She said it is the same program the state’s Office of Economic Developsee Impact, page A4

By Noya Kohavi Telluride Daily Planet Staff Reporter

TELLURIDE — The Telluride Montrose Regional Air Organization has been battling with growing airline minimum revenue guarantees that officials say have crippled its budget and its marketing efforts, and has had a negative impact on tourism revenue in the region.

Now, a new hope is on the horizon, as TMRAO is negotiating with a major low-cost airline to fly into Telluride and Montrose airports and relieve the organization of the higher guarantees of legacy airlines.

“The way we interface with legacy air carriers is becoming more costly, and it makes sense for us to restrategize and look at low-cost carriers,” said Scott Stewart, executive director of TMRAO. “They would bring in the passengers, and it would be easier for us to match the costs. If we do well producing revenue against cost we could see a better situation next year.”

While he wouldn’t name the airline, Stewart did mention that a low-cost airline would require

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TMRAO to make only 80 percent of the guarantee it currently gives legacy carriers.

Airlines require that their revenue is guaranteed at destinations where tickets don’t consistently get sold in order to cover their costs.

“The industry is making a big turn over the last couple of years. It’s a very different industry,” he said. “We need to adjust to what’s going on there — it could help us sustain ourselves and grow.”

Revenue guarantee contracts between airlines and TMRAO are confidential, but Stewart explained the situation in an analogy: “Fuel used to represent 25 percent of airline costs five years ago. Now, it’s over 40 percent,” he said. “We’re sharing a bigger part of the risk because costs are higher. The program, for us and for our partners, became more expensive.”

But, even with the prospect of more affordable guarantees, Stewart says his organization is struggling.

“We have the same budget we had in 2003,” he said. “Our income is the same, in the $2 million see TMRAO, page A5

State’s big game hunting remains among nation’s best, state figures show

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Guilty verdict in hotel arson

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‘Humbled’ in the Holy Land

Defense, supporter contend no evidence linking Barrett to fire

By Katharhynn Heidelberg Daily Press Senior Writer

Animal advocates hail seizure of stricken horses Keunes plead guilty to cruelty charge, may want horses back

Courtesy photos/the Rev. Mark Marsten

The Temple Mount is one of the most recognizable religious sites in the world. It is located in the Old City of Jerusalem.

Local minister returns from 11-day trek to Middle East

by Elaine Hale Jones Daily Press Lifestyles Editor

Under siege.

That’s how the Rev. Mark Marston described the Middle East during his recent two-week trip to the Holy Land.

“Soldiers (both men and women) were always ‘at the ready’ with guns loaded,” said the pastor of the Montrose United Methodist Church. “There were three (volatile) situations happening nearby in Syria, Iran and the Gaza Strip.”

Despite the political turmoil surrounding the Holy Land, Marston stated that his trip was “truly extraordinary.”

Marston was one of 42

ministers from around the country (and one of three from Colorado) selected for the 11-day educational and spiritual seminar, funded entirely by the Grand Commandery of Knights Templar of Colorado (part of the Masonic structure under the York Rite of Freemasonry).

The mission of the Knights Templar is to help ministers from many denominations improve their own ministries by actually visiting the places where Jesus walked and preached millennia ago, he explained.

The group’s itinerary included visits to ancient cities and sites important to Christianity.

By Katharhynn Heidelberg Daily Press Senior Writer

HOTCHKISS — A Delta County woman says she hopes to get back two horses from among five that were seized as part of a cruelty case against her and her husband.

Animal welfare advocates, meanwhile, say they are heartened by authorities’ actions, even though they believe these were a long time coming.

Patricia Kuene, 54, and Charles Kuene, 49, pleaded guilty Wednesday to a single count of animal cruelty for the improper care of their horses and cattle on their Redlands Mesa property.

Five horses and a number of cattle were seized on Tuesday.

The horses will recover, Delta County Sheriff Fred McKee said, and have been taken to SpiritWind Rescue. The cattle went to the sale barn on Thursday.

McKee said 11 more charges are pending, though Patricia Kuene said they won’t be filed, as part of a plea agreement. The Delta Combined Courts on Thursday did not have a record of more animal cruelty charges against the Keunes.

“The horses were not as neglected as what the TV and press made them look,” Patricia Kuene said. “They were not what the sheriff ’s department said.

They just had so many people drive by and complain, that they had to do something.”

Neighbors began complaining about the condition of cattle and horses at the Keunes’ in January, said Kris Dahlstrom, a neighbor and wildlife rehabilitator, and Brenda Miller, a rancher who also works in wildlife rehabilitation.

Miller recounted driving by the property on Jan. 11, and slowing down in see CRUELTY, page A4

Courtesy photos/the Rev. Mark Marsten

The Church of the Holy Sepulcher, located in the Old City of Jerusalem, is built on the site where Jesus was crucified.

Published for the Uncompahgre Valley and Mary Anderson of Montrose

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Jesus leaned against a rock as he spoke to his disciples.

“Throughout my adult life, I have always wanted to touch that stone,” he said. “Now, I can cross it off my ‘bucket list.’ “ After long days of touring, Marston spent his evenings “journaling” and visiting with fellow ministers in the group. A discussion of the Temple Mount, in particular, reinforced some of the group’s basic beliefs.

“We all agreed that when there is worship of a place or things, people will fight and go to war over real estate,” he said. “God wants us to be free from ‘things.’ “ The 11-day educational and spiritual adventure proved to be “hugely helpful” for Marston, who now reads the Bible with renewed passion and understanding.

Presentations begin Saturday The Rev. Mark Martson will deliver “Walk Through the Holy Land” presentations on his recent two-week trip to the Middle East at 4 p.m.

Saturday and March 31 at UMC, 19 S. Park Ave. A Lenten supper and Come As You Are service will follow. Call 249-3716 for more information.

Serra fights victims on civil protections Woman notes indigent ex-DA has private attorney for hearing

By Katharhynn Heidelberg Daily Press Senior Writer

Two of Myrl Serra’s victims want the added protection of a civil restraining order — and one is questioning how the former district attorney is paying for private counsel when he has been declared indigent.

“It’s just disgusting to us,” the woman said Thursday. “He claims indigence to file an appeal, and then hires an attorney for this.”

Serra is appealing his August 2011 conviction of harassment, bond violation and restraining order viola-

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“We were led by our ‘guide-father,’ “ Marston said, relating the story of a 67-year-old retired professor of archaeology who was born when his native country of Israel was still known as Palestine. The man now serves as principal of the guides in the Holy Land.

A stop at the town of Megiddo, by the Valley of Armageddon, was an example of where archaeological digs have unearthed evidence of 26 civilizations stacked on top of one another.

“It reminded me, that as Christians, we all stand on the shoulders of others (who have made sacrifices for us),” Marston said. “We all think that we’re at the zenith of human existence, but many other civilizations have come and gone.

It’s a very humbling experience.”

Another powerful and life-changing moment happened along an ancient pathway known as the Via Dolorosa, aka “Way of Sorrow.”

“I touched the actual stone that Jesus touched,” Marston said, adding that the stone, which was about half the size of a large briefcase and of the hardness of marble, curved inward — the result of countless hands over more than 2,000 years reaching out to touch the spot where

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tion.

The woman quoted is the victim in that case, and also one of three victims in Serra’s unlawful sexual contact and extortion case. Because she is the victim of a sex offense, the Daily Press is not naming her.

In 2010, while still the DA, Serra was arrested on suspicion of sex offenses against three women in his office. He was again arrested for following the woman quoted above through a department store, thereby harassing her, violating the conditions of his bond and the conditions

of a restraining order.

Serra pleaded guilty (via an Alford plea, in which he did not admit guilt) in the sex case after having been convicted at trial in the bond case. He was sentenced to 60 days in jail and four years of probation, plus a year in prison for the bond violation.

He is in the custody of the Department of Corrections, but is expected to be released on parole July 7.

Serra has filed paperwork to appeal his conviction on bond violation and was declared indigent, which gives him access to a state-funded defense attorney.

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see SERRA, page A3 Montrose Daily Press 3684 N. Townsend Montrose, CO 81401 Hours: monday-friday 8 a.m. - 5 p.m. tel: 970-249-3444 fax: 970-249-3331

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Ronnie Barrett didn’t do it, defense attorney Stephens Dooley averred to jurors Thursday.

But after about three hours of deliberation, the jury came back to say yes, he did. Barrett was convicted of first-degree arson for setting fire to the Affordable Inns’ office and storage area last April.

“I’m grateful,” hotel owner Jody Holland said a few hours after the verdict.

“John (husband) and I will sleep good tonight. That will be nice.”

Dooley said after the verdict that Barrett will begin the appeals process after sentencing May 14.

The Hollands used the Affordable Inns on South Townsend Avenue to help homeless people keep a roof overhead. The inn was part of their Briarwood Support Program and cut homeless guests a break on weekly rates, plus accepted donations to help see ARSON, page A5

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dren, his victim said.

“We should be granted our orders anyway, because we’re crime victims,” she said. “... I’ve never seen someone who is a victim of a sex crime have to work so hard for a civil protection order.”

She said she does not want to bring her children to court and questioned the validity of the subpoena, which was issued for a hearing today. She said it is her understanding that she is to be served at least 48 hours before a hearing, yet she only received the document Thursday.

Attorney Colleen Scissors represents Serra in the civil restraining order case. She said she could not comment on the victim’s concern.

Scissors did not say how she is being paid.

The women filed for civil protection orders a few days after Serra’s Jan. 19 sentencing.

The harassment and unlawful sexual contact victim noted in her filing that Serra had violated the criminal protection order when all of her children were with her in the department store. Further, her eldest child had testified against Serra at trial in August.

The most serious incident that prompted her to seek the order occurred on April 16, 2010. “I was sexually assaulted at work in Myrl

Serra’s office during business hours,” her complaint read.

The second Serra victim noted that she is also a named victim in the criminal restraining order that Serra violated. The most serious incident prompting her request was on April 15, 2010. “...

Myrl Serra entered my office, shut my door, unbuckled his belt, unzipped and pulled down his pants to expose his genitals,” her complaint states.

“He asked me to touch him.

I told him ‘NO!’ “ He asked her again, she said, and she ordered him out. Within minutes, she received an email “harassing me about the crime he had just committed.”

The woman also said that in January 2010, Serra summoned her to his office, closed the door behind her, and tried to kiss her. “ ... when I told him no, he touched the hem of my skirt and flicked it up and asked me again. I told him no again and then he let me leave.”

The women want a court to order Serra not to contact them or their children, and to stay at least 50 yards away from their homes, work and children’s schools.

Serra, in handwritten filings, objects to the 50-yard provision.

“Fifty yards is too great a distance for a town such as Montrose; (I) could be pumping gas, plaintiff

could drive by and file a complaint,” his responses say, echoing what his criminal defense attorney said during trial last year.

Serra also noted that the schools listed are public places that serve multiple purposes, and that his own son will be attending one of the schools. The women’s requests are “over-broad, oppressive and designed strictly to harass (me) and (my) family and drive (us) out of Montrose.”

The harassment and unlawful sexual contact victim says enough is enough.

“I think I’ve kept quiet for too long. But he just keeps this up. I think that by staying quiet, I allow him to continue to harass me, because he expects me to stay quiet,” she said.

Serra had also sought a subpoena that would have required the women to provide their call records, text messages and memory cards for dates between 2009 and 2010.

Judge Cecil Williams denied Serra’s requests, finding that there is no provision for such evidence in the laws that apply to civil protection orders. Williams also denied Serra’s request for a second continuance of the hearing, which had originally been slated for Feb. 6.

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SERRA: Plaintiffs want to halt potential for continued harassment

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Main in Motion street closure fee waived by city officials event.

“We’re very excited,” she said.

“We wanted to get the news out [Thursday] night.”

Downtown’s Main in Motion The Main in Motion board will got a shot in the arm this week still pay a processing fee to the with a decision by City Manager city, but Morrow said it would be Bill Bell not to charge organizers nowhere near the $6,000 it paid of the annual summertime series last year. a $6,000 street closure fee.

Her organization had a hard The announcement was made time coming up with the money Thursday night during an open needed to pay the city the street house presented by Main in Moclosure fee, Morrow said, but she tion board members. credited Flower “We’re a nonMotors for stepprofit, so for us ‘It’s nice that the ping forward last to have to have community can come out, year to underto pay $6,000 (a bring their kids, bring their write Main in year) was lot to a large to ask,” said elderly parents, and there’s Motion degree.

Kendra Morrow, “They were a Main in Motion something for everybody huge sponsor,” board president down there....’ she said. “They and owner of made it posthe Canyon sible. We pay the Creek Bed and Kendra Morrow musicians, the Breakfast. houses, The street Main in Motion board president and owner bounce the stilt walkers closure fee has been a point of the Canyon Creek Bed and Breakfast — a lot of things that make the of contention event what it is. between city of- s “Everybody ficials and Main has been hoping for this. To actuin Motion boosters for two years. ally be able to tell them now this Morrow said her group started is going to happen takes a huge paying $600, then paid $6,000 last weight off our shoulders.” year. City officials used the fee to More good news could be help cover the costs of erecting on the horizon, Morrow said, and taking down barriers that explaining that she hopes Main blocked traffic to the stretch of in Motion officials will be able Main Street between Townsend to reach an understanding with and Junction avenues that is county health officials that used for the weekly events. makes it less complicated for Main in Motion is a summer food vendors to sell their wares street festival series that will be at the event — another issue that held each Thursday from 6 p.m. has served as a point of contento 8:30 p.m. from June 7 through tion in the past.

Aug. 23 this year. Each event fea“We feel excited about the tures food vendors, merchants, changes there,” she said. “We community organizations, atthink it will be a lot easier for tractions and live entertainment, vendors to participate, so I think attracting thousands of visitors. we’ll see a lot more.”

Morrow said the news of The theme nights that were the fee being waived was well received by supporters of the see FEE, page A5

By Mike Easterling Daily Press Managing Editor

Daily Press File Photo

Montrose residents walk up and down Main Street during a 2009 Main in Motion event.

Main in Motion supporters will no longer have to pay the city a $6,000 street closure fee to stage the event.

Critical decisions: Experts recommend CPR training

Calling for professional help No. 1 on heart attack survival list

By Katharhynn Heidelberg Daily Press Senior Writer

Mmmmm, mmmmm, good!

Courtesy photo

Brandy Reed, left, activities director for Sunrise Creek Assisted Living, and Megan Hess offer cookies to residents Doris Wood, Louise Hight and Bee Helgeson during a chocolate chip cookie bake off Friday afternoon.

Medical professionals are accustomed to making quick decisions in matters of life and death.

But the lay person can also benefit from knowledge and training in emergency situations: When, for instance, does one use CPR? “If someone is collapsed, not responsive and has no pulse, then CPR is exactly what you want to do,” said Dr. Andy Gross, an emergency room physician at Montrose Memorial Hospital.

He recommended a three-step rule of thumb in the above situation: Call emergency medical services; start CPR, and, if possible, bring in an auto-

mated emergency defibrillator.

The first step helps give a patient the best shot at survival. The second helps keep the blood and the oxygen it carries flowing through the body until professional help arrives with electrical current equipment (a defibrillator) and drugs that can start the heart beating again.

CPR does not necessarily restart a heart that has stopped — but that’s not unheard of, Gross said. “In medicine, never say never,” he said.

“There are cases where compression of the heart can cause the heart to go back into a rhythm. Medication and electricity are much more effective.”

A “pre-cordial thump” can be used to jolt the heart into “reorganizing,” during a ventricular fibrillation, Gross said. This is no longer taught to nonprofessionals, he said. see CPR, page A4

Restraining orders made perament against ex-DA ‘He pled guilty,’ judge in civil protection case says

By Katharhynn Heidelberg Daily Press Senior Writer

Myrl Serra cannot contact two of his three victims even after a criminal restraining order has expired.

Visiting Senior Judge Cecil Wayne Williams on Friday made permanent civil restraining orders that had been temporarily granted to the ex-district attorney’s

former office workers in January.

The women are among three whom Serra sexually victimized in 2010, when he was still DA. “It’s important we understand that sexual assault is a horrible thing to go through.

Victims can continue to be harassed,” one of the women said after court.

The Daily Press does not

identify sex crime victims without their consent.

“They can be harassed in other ways, even through our children,” she said.

Serra’s attorney had subpoenaed both women’s children, but the women refused to bring them to court, despite knowing they could be arrested. They said they’d only been served a day before the proceedings when the law requires 48 hours’ notice.

In court, a second Serra

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Pirate basketball squad earns several season honors Page A6

victim said she viewed the subpoena as further harassment.

Defense attorney Colleen Scissors said that, indeed, notice had not been timely, and she no longer intended to call the juveniles to the stand.

But Serra fought the civil restraining orders, which are permanent. Criminal protection orders expire once his sentence is complete.

Scissors argued that the civil orders were unneces-

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sary, because Serra has no intention of contacting the women. Further, civil protection orders are to be granted to protect a party against further intrusions — in this case, sexual offenses.

Nothing being presented showed that Serra would sexually abuse them again, said Scissors, who referred to the offenses as “allegations.”

Serra was convicted last see SERRA, page A5 Montrose Daily Press 3684 N. Townsend Montrose, CO 81401 Hours: monday-friday 8 a.m. - 5 p.m. tel: 970-249-3444 fax: 970-249-3331

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Area residents enjoy the festivities during a 2010 Main in Motion event. City officials have waived a $6,000 street closure fee for the annual Thursday night series, which begins in June.

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FEE: Changes in food vendor requirements also could be on horizon from page 1 introduced as part of Main in Motion last year will return in 2012, Morrow said, including the popular scavenger hunt night and a luau night.

But the seven board members who make sure Main in Motion goes off without a hitch each week still need more help, she said.

“To make this event happen, we need volunteers and we need businesses to support us and participate,” she said. “This is our 11th year, and it’s grown every single year.”

Main in Motion benefits not only downtown businesses, but others, as well, she said, explaining that many south-side merchants now set up a tent in the middle of Main

Street to promote their goods and services.

“It’s nice that the community can come out, bring their kids, bring their elderly parents, and there’s something for everybody down there,” Morrow said. “They can listen to music for free or eat 10-cent hot dogs. It’s a great thing to have when people are watching their pocketbooks.”

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SERRA: Women take stand ‘for victims everywhere’ for waiting too long.

“The court doesn’t need to hear any more,” Williams said after Fleming spoke. “The motion (to dismiss) is denied.”

He also sustained objections when Scissors began questioning the women about the criminal cases.

“I’m not going to re-try the criminal cases,” Williams said. “He pled guilty to it. Are you saying to me being convicted for unlawful sexual contact does not constitute grounds for a permanent civil protection order?”

The plaintiffs have to show that Serra will continue to commit such offenses, Scissors said.

“He’s been convicted in both cases. Is it true or not true?” Williams said.

Scissors asked to be heard, saying people enter convictions for a variety of reasons.

“This is what I have trouble understanding.

He’s the one who pleaded to it. ... He was the 7th Judicial District’s district attorney, and my understanding is he would have some knowledge of it (the risks),” Williams said.

He allowed Scissors to ask questions only about the dates specified in the complaints the women filed for their civil restraining orders.

“I don’t want to drag these two ladies through this,” Williams said, telling Scissors it was unnecessary unless she thought she could prove the offenses did not happen by getting one of the plaintiffs to admit on the

stand to having lied.

“I’m not Perry Mason, Your Honor,” Scissors replied, explaining she was only trying to show Serra won’t commit new sex offenses against the women.

“You can argue that in every domestic violence case,” Williams said.

“This court knows it can happen again. That’s why we issue restraining orders.”

When called to the stand, each of the plaintiffs said they remained concerned about Serra, despite the criminal protection order.

His harassment and sex abuse victim said Serra did not respect the first restraining order that had been issued after his arrest. After their encounter in the department store, she lived virtually as a shutin, she said.

A civil restraining order wasn’t warranted, Scissors said during her closing argument.

The women had to show they feared being sexually victimized again by Serra, she said.

“He’s going to be heavily supervised and doesn’t need another restraining order. He’s indicated he has no interest in having any contact with these women,” Scissors said.

But there is no requirement that the victims prove further sexual assault could occur, Fleming said. The matter has to do with whether Serra could continue to harass the women, he said.

“There is no indication, other than Myrl

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Rescue and rehab your books

Community Easter dinner planned

The Montrose Woman’s Club is sponsoring its annual Flea Market from 8 a.m. to 4 p.m. Saturday, April 7 at Friendship Hall.

There will be 100 tables of new and used items.

Breakfast and lunch will be offered. All proceeds go back into the community. For more information, call 964-4721.

The Friends of the Library volunteers will be at the main desk of the Montrose Library from 11 a.m. to noon Saturday, April 7 to receive books in need of repair and to return repaired books.

The cost is a donation to Friends. For more information, call 240-7935.

The Montrose United Methodist Church will hold a Community Easter Dinner at 2 p.m. Sunday, April 8 in Baldridge Hall of the church.

To make a reservation, to volunteer or for more information, call 249-3716. Everyone is welcome.

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The Montrose Lions Club is hosting its annual Easter Egg Hunt at 9 a.m. Saturday, April 7 at Baldridge Park.

The event is for children through the age of 12. For more information, call 323-5017.

Serra’s self-serving statement today” that further harassment won’t take place, Fleming said.

Williams halted the argument, saying there were grounds to issue the orders. The judge counted four times since January 2010 that Serra had committed offenses against the women. Also: “There is a third woman.

That shows to me that unless restrained, the defendant will continue to commit acts,” he said.

After more wrangling, it was decided the protection orders’ terms will also prohibit Serra from coming within 100 feet of the two women, their children and their children’s schools, and within 50 feet of them at school events — which Serra can only attend with the approval of his sex-offender treatment provider and only if a third party accompanies him.

“It’s going to be a risk for Mr. Serra if he attends these things,” Williams said.

The women after court expressed relief.

“There are people who asked for leniency to allow (Serra) time to fix his problem,” one of them said. “But he’s spent the time so far continuing to harass his victims. The people in this community need to understand that’s how he has been spending his time.”

She added: “We just want to be protected. It’s upsetting we had to go through our testimony again, but we have to stand up for victims everywhere.”

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summer of harassment, and violating a restraining order and bail conditions because in 2010, he encountered one of the women in a department store a few months after having been charged with unlawful sexual contact.

Last fall, he tendered an Alford plea (not admitting guilt) to unlawful sexual contact and extortion.

He is serving a year in prison in the bail violation case, and then is to complete 60 days in jail and four years of probation in his sex case.

He is appealing the bond conviction.

At the start of proceedings, Scissors said there is no imminent danger, as required by law.

“Mr. Serra is not going to be released from prison until August of this year, which means there’s nothing imminent,” Scissors said.

During brief telephone testimony later, Serra said he should be paroled in late June or July and then would have to serve 60 days in jail, so he would be out on probation some time in August.

Serra could be heard laughing occasionally during the proceedings and one time saying what sounded like “bull.”

Plaintiffs’ attorney Jock Fleming said the imminence question is not sufficient to deny a restraining order. And outside of court, the plaintiffs also said they had feared being denied

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MONTROSE

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City approves plan that will be offered to 3M/Ross Reels

By Will Hearst Daily Press Staff Writer

Nate Wick/Daily Press

City Manager Bill Bell, left, councilors Carol McDermott, Judy Ann Files, Thomas Smits, Kathy Ellis and Bob Nicholson listen to public comment during Tuesday’s meeting.

Montrose City Council on Tuesday voted in favor of a plan that will be offered to 3M/Ross Reels to help the business stay in town.

Business Retention Project No. 2012-01 “Ross Reels” was passed unanimously by the council during its meeting following a major amendment in the original proposal.

renew.

The plan, originally drafted by city manager Bill Bell with assistance from two council members, included a five year partnership between the city and 3M/Ross Reels. Input from multiple councilors led to the three year reduction, as many council members feared $20,000 annually for five years was too risky of a commitment.

The plan includes a joint marketing and cross promotional campaign to increase sales and profitability of Ross Reels over the next two years with a commitment of $20,000 annually from the city.

The plan will only take effect if 3M, the parent company of Ross Reels, agrees to the terms.

Providing the promotion is successful, the city and 3M/Ross Reels will likely have the option to

see city, page A3

unions vote divides Coram, son Brother finds Civil Full House denied say, Dee Coram contends missing man’s body

By Katharhynn Heidelberg Daily Press Senior Writer

By Katharhynn Heidelberg Daily Press Senior Writer

A brother’s perseverance has brought closure one step closer for Jonathan Keith Kelley’s family.

Kelley, 54, disappeared from Grand Junction in July of 2011, and was sought by Grand Junction Police as a missing person.

After dogged searching, partially skeletonized remains presumptively identified as Kelley’s were found Monday in rugged western San Miguel County.

The remains were found wedged between a sheer cliff wall and a boulder, beneath a bit of an overhang, where a firearm was also recovered.

It appears as though the individual died of a self-inflicted gunshot wound, said Eric Berg, operations commander for the San Miguel County Sheriff ’s Office.

Formal cause and manner of death were pending on Tuesday.

The recovery of such well-concealed remains was “remarkable,” Berg said, and there’s one person to be credited: Tim Kelley, Jonathan’s brother, who with his wife and another individual scoured a vast area west of the Basin Store recently.

“He had his own feelings on where the body was,” Berg said. “And they discovered him. My hat’s off to those folks. They did a really good job. ...

I think they are relieved. They very much wanted to recover the body, and they did that. They decided this was important to them, and they were going to do it. And they did.”

Authorities had conducted intensive searches for Kelley in October of last year, after Bureau of Land Management rangers discovered his truck hidden in a tree-dense area in San Miguel County.

When the BLM ran the truck’s license plates, there was a hit on a “be on the lookout” report pertaining to Kelley, who had been reported as missing and possibly suicidal on July 28, 2011.

“He had told one brother he was going to do this,” Berg said. “He told another brother he was going to do this and did not want to be found. He put himself in an extremely rugged and remote area.”

The BLM rangers, a Forest Service dog team, the sheriff ’s office and a search and rescue organization conducted a ground search of the area. Helicopter and fixed-wing craft flights were also conducted, with the assistance of pilot Devin Felix of Olathe Spray.

Active searches were suspended in November, though Berg and Sgt. Michael Westcott continued to look see body, page A3

Dee Coram shies away from politics, but now finds himself in an uncomfortable spotlight: His father, Rep. Don Coram, voted on Monday to kill a bill that would have given Dee and other gay Coloradans the right of civil unions.

The bill was filibustered during the regular legislative session, which ended last week. Gov. John Hickenlooper ordered the Legislature back to work on Monday, when lawmakers again took up the bill.

It died in the Veterans and Military Affairs Committee, where Don Coram is vicechair.

“It had already passed a number of committees. If it would have passed through this committee, it would have gone through a vote of the full House,” Dee Coram said Tuesday, as backlash over the killed bill reverberated throughout the state.

“He was the deciding vote and because of that, legislators didn’t get a chance to vote on it. He could have voted for it, or against it, on the floor, for his constituents. ... What my grandparents taught me is there is a time to follow and a time to lead. He missed a great opportunity to show he is a true leader.”

Don Coram, R-Montrose, said that he had always planned to vote no on the bill, because it flies in the face of a 2006 constitutional amendment defining marriage in Colorado.

“The Legislature doesn’t have the authority to override the constitution. That has to be done by a vote of the people,” Don Coram

Nate Wick/Daily Press

Dee Coram talks about the coffee buisness in Montrose during an interview on Tuesday. said. “When I took this office, I took an oath to uphold the constitution of the state of Colorado. To vote for a bill that is in essence a same-sex marriage bill, to me, is a violation of the Colorado constitution.”

But all Rep. Coram had to do was vote against the bill on the House floor, his son said, reiterating that the bill shouldn’t have been killed by one committee.

“At that point, all of the

Published for the Uncompahgre Valley and Charles Kinion of Montrose

By Katharhynn Heidelberg Daily Press Senior Writer

Myrl Serra is to be released from prison May 29, just four months after having drawn a one-year sentence for violating bail bond conditions in his 2010 sex case.

The former district attorney’s release date was to have been in July, but was moved up because of goodbehavior credit. The release date is mandatory, Department of Corrections spokeswoman Katherine Sanguinetti said.

“We can only hold him for as long as statute allows. That’s his manda-

tv listings . . . . . . . . a11 sports . . . . . . . . . . . a12 classifieds . . . . a13-15 comics . . . . . . . . . . . a16 weather . . . . . . . . . . a17 obituaries . . . . . . . . a17

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see coram, page A4

Montrose’s ex-DA leaving prison early

Inside the Daily Press Calendar . . . . . . . . . . a2 local . . . . . . . . . . . a3-5 opinion . . . . . . . . . . . a6 business . . . . . . . . . . a7 state . . . . . . . . . . . . . . a8 nation . . . . . . . . . . a9-10 world . . . . . . . . . . . a11

representatives in the state of Colorado could’ve been involved in the decisionmaking process,” Dee Coram said. “He had the ability to let the House vote.

I am only one person in his district, but he should have allowed his colleagues to vote on it.”

Don Coram acknowledged his son’s viewpoint. “That’s fine, and that’s why we have committees. Certainly, not all bills make it. A large

portion of bills do not make it to the floor, either in the House or the Senate. It was a bill I personally thought was wrong. I thought it was a violation of the constitution. That was the reason for my no vote.”

Said Dee Coram: “This didn’t have to become such a divisive issue. It should have been left to go to a full vote and then all the representatives could make a decision.

I don’t believe acting unilaterally is a true democratic representation of government.”

But personal beliefs aside, the voters have spoken, Coram said: They may favor civil unions, but they do not favor gay marriage.

The word “spouse” refers to opposite-sex relationships, according to Coram’s reading of the definition.

“In this bill that is a so-called civil union bill, I believe the word ‘spouse’ is used 29 times. In 2006, voters decided marriage is between a man and a woman,” he said.

“If we want to bring this to a vote of the people, so be it. If that becomes the new constitution, I will defend it just as vigorously as I defend this.”

The civil unions bill seemed to largely replicate a 2009 designated partnership law, the representative added.

“What people do in their own home is fine. I think that marriage is what’s in your heart and in your mind between two people ... It’s your own business,” Don Coram said. “... but you’ve got to realize, as a person who represents 75,000 individuals, it’s your obligation to represent what the majority of your consituents want, and set aside personal feelings.”

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Sports:

Olathe track team sending 10 athletes to state meet Page A12

tory date,” she said. “It gets moved up.

Every month, he earns ‘earned time.’

It (release) gets moved up based on that time.”

Earned time is accumulated at a rate of 10 days a month by inmates who comply with all rules and participate in programs, she said.

Serra won’t walk free immediately after his release from prison, however.

He must serve 60 days in county jail here as a condition of the four years of probation that had been imposed in January for unlawful sexual contact and extortion Serra was the elected district at-

torney for the 7th Judicial District in September of 2010, when he was arrested for sexually victimizing women working in his offices and threatening their jobs.

In December of that year, Serra was free on bond, and encountered one of his victims at a local department store.

He was convicted at trial last August of harassing her, and thereby violating a restraining order in the case, as well as bond conditions.

Serra is appealing the conviction.

Last October, he pleaded guilty by an Alford plea to unlawful sexual contact see da, page A4

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coram: Father, son have difference of opinion regarding civil unions

from page 1

The matter needs settled, the younger Coram said.

“Civil unions are not for everyone, but this is the last big civil rights issue and we need to settle it,” he said.

“The mantra for Republicans is jobs, jobs, jobs, but we keep getting distracted by this issue.

Why don’t we let this issue run its course, and then we can get on to the jobs?

“I’m not sure how allowing civil unions is going to adversely affect jobs and the economy.”

Dee Coram also said his father had played into the Democrats’ hands.

“What happened (Monday) is go-

ing to re-energize the Democratic Party and (give it) the ability to take both the House and the Senate back,” the younger Coram said.

The Democratic candidate for Coram’s House seat on Tuesday accused the representative of caving to political ideology.

“It’s absolutely disappointing,” said Greg Thornton of Montrose, who officially kicks off his campaign in June. “Unfortunately, my opponent is playing partisanship and is more interested in re-election than in standing up for civil liberties for Americans.”

But to Don Coram, it’s the Democrats who are playing politics.

“Is this political? You’re damn

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right it’s political,” he said. “I’m sorry the gay community is being used as a pawn in politics, but that’s exactly what’s going on.”

The Democrats “sat on that bill for 108 days so this could be a big issue at the end of session,” Coram said. “If that’s not political, I don’t know what you call it. You had four years where Democrats controlled the governor’s office, the House and the Senate. That bill never came up.”

There was no conspiracy, Thornton said. “This has been a long time coming. You see the winds of change in the U.S. We all need to stand back and ask if this is good for our constituency and for Colorado. I think this bill was.”

da: Serra earned good behavior credit from page 1 and extortion. Sentencing for both cases was in January.

In addition to his prison term, Serra is to be on parole for one year on the bond case.

He is to be on supervised, sex-offender specific probation for four years in the sex and extortion case, and to register as a sex offender.

It was not immediately clear on Tuesday what probation office would have Serra as a client.

His parole officer is to

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work jointly with a state judicial probation officer to manage his supervision, said Fred Yarger, assistant solicitor general with the Colorado Attorney General’s Office.

The AGO does not know right now whether Montrose’s probation department will be assigned to supervise Serra, or whether his case will be assigned to Grand Junction.

Serra is also barred by a permanent civil protection order from contacting his victims.

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Local

Montrose Daily Press

Wednesday, June 13, 2012

A5

s

43,000 acres as of Tuesday morning. The Denver Post reports that the fire victim had received two evacuation notices, but the calls went to her voicemail. Officials were unable to notify her in person because her gate was locked, and the fire was too intense.

Dunlap said he is concerned about similarly remote homes in Montrose County. “We need a means to get a hold of them if something happens, especially with these dry conditions.

All it’s going to take is one lightning strike,” he said.

Although target notification would not be solely relied upon in alerting the residents of the 7th Judicial District, “it’s a very critical piece,” Rowan said.

“We need to get as many registered as possible before we do have an emergency and have to go door-to-door,” Dunlap said.

“People need to be thinking about this,” Chinn said. “It’s a very good thing.”

Target notification sign-ups are not used as a means of gathering information about people,

Daily Press/Katharhynn Heidelberg

With phones at the ready Tuesday, local authorities urge residents in th 7th Judicial District to sign up for emergency notifications, including Montrose County Sheriff Rick Dunlap, left, Montrose Police Chief Tom Chinn and Montrose Fire Protection District Chief Tad Rowan. and are not used to “track” citizens, the lawmen repeatedly stressed.

The program’s purpose is for notification, and notification only. Anyone who has a cell phone should register its number, even if an individual also has a land line.

Chinn learned of a slight glitch after his

first awareness push: The sign-up system requires an email address and Internet access. He’s since arranged things so that the Montrose Police Department can help people sign up if they are unable to do so themselves. The sheriff ’s office will also sign up individuals, Dunlap said.

Paperwork begins in Serra’s appeal

Ex-DA completing jail in sex case; appealing bond case

By Katharhynn Heidelberg Daily Press Senior Writer

Myrl Serra’s public defenders have until July 20 to lay out the reasons why he is appealing his 2011 conviction for bond violation, harassment and restraining order violation.

Last August, the former district attorney for the 7th Judicial District was found guilty of harassing one of three female office employees against whom he had offended sexually in 2010.

Serra followed the woman through a department store and made a face at her as she hid behind a clothing rack to avoid him, the jury found. At the time of the harassment, Serra was free on bond in a case alleging unlawful sexual contact and other crimes.

He tendered an Alford plea last October to one count of unlawful sexual contact, which addressed offenses against all three women, and extortion. He did not admit guilt under the Alford plea, but such a plea is indistinct legally from a plea of guilty.

Serra is now finishing a 60-day jail term as a condition of four years of probation in the sex case. Due to earned-time credit, he could be released before 60 days have elapsed.

He was sentenced to a year in prison on the bond case, but was paroled at the end of May, due to earned-time

credit and pre-sentence confinement at Montrose County Jail. Serra had revoked his bond a few weeks after his conviction and began serving time in jail in advance of the prison sentence.

Serra indicated early on that he intended to appeal the bond-violation conviction.

“Issues on appeal may include, but are not limited to, all issues preserved by objection at trial, sufficiency of the evidence, and any other issues the appellant chooses to raise as plain error,” his March 7 notice of appeal states.

A court declared him indigent, rendering him eligible for taxpayer-funded representation through the public defender’s office.

The trial record was due to the Court of Appeals on June 4. The appeals court on Monday confirmed its receipt.

Serra’s opening brief is due July 20. State prosecutors have 35 calendar days after that to file an answer brief, and, if Serra’s defense opts for it, he will have 21 more calendar days during which to file a reply.

The matter will then go to the judges’ division. Whether there will be oral arguments depends upon whether such are requested and deemed necessary.

There is no real timeline as to when a decision might be rendered, the court said.

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The fire district is unable to do so, but is a participating agency within the notification system.

Targeted notifications can be launched from the seat of a patrol officer’s vehicle. If something should happen to one county’s communication system, another authorized agency could launch a target notification on its behalf.

“This is the single most important notification tool we have,” Chinn said. “People need to trust in this and understand what it is.”

To register a mobile number, go to www.montrosecounty.net, select Department Services, Emergency Management and then Overview & Emergency Notification.

Under the portion titled “Emergency Notification System for Mobile Phones,” click the link to “registration web page” and follow instructions.

If you have difficulty, or want help for any reason, visit the Montrose Police Department or Montrose County Sheriff ’s Office.

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*No closing costs, origination or set up fees, except preliminary interest and escrow reserves. All loans are subject to credit approval and property evaluation/ appraisal. Property value determined by Vectra Bank; appraisal ordered only at request and expense of applicant. Property insurance required. APRs are current as of 6/1/2012 and available to borrowers with excellent credit history. Not all borrowers will qualify for advertised APRs and higher APRs will apply for borrowers with less than excellent credit history. Eligible properties include owner occupied Single Family Residence, 1-4 Family, Townhome or Condo. Properties for sale not eligible. Modification and early closure fees may apply. Adjustable APR is subject to change without notice and is based on the Federal Home Loan Bank (FHLB) 5 Year Intermediate Long-term Advance Rate as of the last Wednesday of the previous month (the Index) plus a margin. The initial interest rate of 3.75% is fixed for the first 60 months and then subject to change every 60 months thereafter. The minimum floor rate is 3.99% after intro period and the maximum rate is 21.00%. Payment example for the 5/5 Adjustable Rate Mortgage (ARM) with a 15 year term amortization is based on an initial 3.75% APR, borrower will make 60 monthly payments of approximately $1,090.83 per $150,000 borrowed and will adjust every 60 months thereafter based on current rate at that time. Payment example for the fixed rate 10 year term loan at 3.99% APR, borrower will make 120 monthly payments of $1,517.96 per $150,000 borrowed. Monthly payments do not include amounts for taxes and insurance premiums, if applicable, and the actual payment obligation may be greater. Other terms, restrictions and requirements may apply, contact branch for details.

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Montrose Daily Press

Thursday, July 19, 2012

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health: Trust award returns to area for second time in two years from page 1 preparedness plan, for example. Gunnison County took the lead on coordination of grants and projects.

Montrose took on the role of expanding food-service inspections into other counties that did not have inspections available, while Delta County took on an oversight and modeling role as a health department that provides all core services, Mewes said.

“We kind of share things. All of us were at the table every time,” Mewes added.

The partnership works together for shared public health services and infrastructure, Worrall said.

“The original concept came from Carol Dawson, the previous public health director here (Gunnison),” she said. Dawson had applied for the initial grants to help the partnership at a time when regional concepts weren’t on anyone’s radar, Worrall said.

“Now it’s become a model for using fewer resources for more outcomes.”

The WCPHP is a boon to cash-strapped rural counties, because in this case, six counties are sharing the burden brought on by certain state requirements.

“The community health needs assessment is required to be done every five years,” Mewes said.

“A decent one can cost an agency between $6,000 and $10,000. None of us have those kinds of dollars to spend, but collaboratively, we can throw some money together and get it done.”

The same is true of required statewide performance improvement plans. Each county in the partnership contributes a small piece of what is required, while also focusing on high-priority areas within its own communities.

In Montrose County, some of the high priorities are adolescent/unintended pregnancy prevention.

Gunnison County’s include clean water, safe foods, and improved collaboration to address mental health and substance abuse issues.

The $25,000 that came with the Colorado Trust award is to be divided over the next few years to help supplement the regional coordinator’s position, Mewes said.

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indecent exposure and official misconduct.

As that case was pending and he was free on bond, Serra violated the conditions of his bail by encountering one of three victims at a local store, harassing her and violatMyrl Serra ing a restraining order, a 2011 jury found.

A few months later, Serra tendered a plea in the sex case to unlawful sexual contact and extortion. He was sentenced in January

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to one year in prison on the bond violation case, plus 60 days in jail and four years of probation in the sex case.

Two of his three victims later obtained permanent civil restraining orders.

Serra is appealing the jury verdict. He was paroled from state prison May 25, due to good-time credit and pre-sentence confinement.

Serra then began serving his 60-day jail sentence here. He is up for release on Tuesday, according to Montrose County Undersheriff Kevin Walters.

At last report, Serra’s probation was to be overseen through the Grand Junction probation office.

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Montrose County Fair & Rodeo schedule 6 p.m. — Texaco Country Showdown 6:30 p.m. — CPRA Rodeo

Friday 10 a.m. — Junior dog obedience show 6:30 p.m. — CPRA Rodeo

Tuesday

Sunday 8 a.m. — Junior horse show 9 a.m. — Junior rabbit show Noon — Fiddle contest 2 p.m. — Junior dog agility 6 p.m. — Junior gymkhana 6 p.m. — Cowboy church

Saturday 8 a.m. — Open rabbit show 8 a.m. — Pancake breakfast 10 a.m. — Parade 10 a.m. — Dog obedience demonstration Noon — Black Canyon Horse Racing Association races 1 p.m. — Canine costume contest

6 p.m. — Cake wars 6 p.m. — Ranch sorting finals 7 p.m. — Musical entertainment

Monday 9 a.m. — Ranch sorting 4 p.m. — Face painting 6 p.m. — Horseshoe tournament

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The trust is to present the WCPHP as a case study, and the partnership will be part of a panel discussion at the annual Public Health in the Rockies conference in Pueblo Sept. 19-21.

“It’s really been very wonderful, thinking-outsideof-the-box work that we’ve all felt privileged to be a part of,” Worrall said.

Past Grantee Leadership Award recipients in addition to Northside Child Health Center are Rocky Mountain Youth Clinics, Colorado Children’s Healthcare Access Program, Denver Indian Family Resource Center and Safe2Tell.

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Courtesy Photo

Members of the West Central Public Health Partnership and others show off the partnership’s recent award from the Colorado Trust, which selected the regional organization as the recipient of its 2012 Grantee Leadership Award. Back row, left: Diana Williams, Randy Sweptson, Ken Wordstrom, Laura McLoughlin, Richard Thompson and Kathleen Matthews. Front row, left: Cheryl Roberts, Peg Mewes, Carol Worrall, Carol Dawson, June Wepsky and Kate Lujan.

Serra soon to be released from jail

The specific reasons Myrl Serra is appealing his conviction for bond violation and other offenses might not appear in public records for several more months.

An opening brief was due in his case Friday; however, a timeextension was granted and the brief ’s new due date is Dec. 7, according to the state Court of Appeals.

Serra, then the elected district attorney, was arrested in September of 2010 and subsequently charged with unlawful sexual contact against three women,

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8 a.m. — Royalty contest horsemanship 9 a.m. — Junior/Open goat show 10 a.m. — Canning demonstration Noon — Eating contest 1 p.m. — Junior/Open poultry show 5 p.m. — Junior swine show 6 p.m. — Antique tractor pull

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State News in Brief GREELEY (AP) — Police say a Greeley school teacher has admitted having a child with a student and is facing sexual assault charges.

Spanish teacher Rhonda Eisenberg was booked into the Weld County jail Tuesday afternoon after police said she admitted to having a sexual relationship with a 17-year-old student while he lived with her in 2010.

According to the Greeley Tribune, Eisenberg had guardianship over the boy, whose parents lived in Mexico at the time.

KUSA-TV in Denver reports that during a court appearance Wednesday, the 44-year-old Eisenberg told a judge, “I’m not a bad person.”

Denver gets new archbishop to replace Chaput DENVER (AP) — Denver has a new archbishop to replace Archbishop Charles Chaput.

The Most Rev. Samuel Aquila was installed Wednesday afternoon at the Cathedral Basilica of the Immaculate Conception in Denver. Chaput, now the archbishop of Philadelphia, was among those attending.

Another previous Denver archbishop, Cardinal J. Francis Stafford, also attended the invitation-only event.

The Denver Roman Catholic archdiocese streamed Aquila’s installation live on the Internet.

Aquila is the fifth person to lead the archdiocese.

Police in watch for Kentucky escapee COLORADO SPRINGS (AP) — Colorado Springs police are watching out for an escaped convict from Kentucky who has family in Colorado.

Former Army Ranger John Calvin Buckley IV of Lexington, Ky., fled a courthouse July 12 while a jury was deliberating charges against him last week. Police there say he cut off an ankle monitor that he was wearing as a part of the conditions for release on bond.

The jury convicted him of rape, sodomy, fourthdegree assault and unlawful imprisonment.

Colorado Springs police spokeswoman Barbara Miller tells The Gazette investigators can’t definitively say Buckley headed to Colorado Springs, but

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DENVER (AP) — State attorneys say that school funding should be up to the Legislature, not the courts, in a filing Wednesday defending the state against a lawsuit over how it funds education that’s pending in the Colorado Supreme Court.

The Colorado Attorney’s office said in the filing that education funding is a political question outside the courts’ power. The lawsuit, brought by parents and school districts, contends that how Colorado funds schools violates the state constitutional mandate requiring a “thorough and uniform” education system.

A Denver District judge ruled last year that the state’s educational funding system is “irrational and inadequate” and that there isn’t a single district that is sufficiently funded.

Government attorneys on Wednesday called that ruling an “unprecedented intrusion into public policy” and that the state’s duty to provide free public education doesn’t override legislative discretion or competing budgetary demands.

The case could be heard later this year by the state Supreme Court, with major implications on how lawmakers wrestle with the state budget.

The plaintiffs will issue their own brief within 30 days.

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Quiznos names new CEO, chief marketing officer DENVER (AP) — The Denver-based toasted sandwich chain Quiznos said it has named Stuart K. Mathis as its new president and CEO, effective July 30.

The company also said Wednesday it has named Susan Lintonsmith as its new chief marketing officer. She is a former chief marketing officer of Red Robin Gourmet Burgers and a former consultant for Einstein Noah Restaurant Group Inc. Mathis’ previous positions include serving as president of The UPS Store network and as executive vice president of franchise operations at Domino’s Pizza. The franchise experience should come in handy at Quiznos.

Mathis succeeds Greg MacDonald, who was named CEO in 2010. Quiznos says MacDonald has stepped down as president and CEO, effective immediately.

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