Summit County stalking case ends Tuesday in mistrial
February 4, 2014
The jury trial of Gordon "Scott" Siriano, a Summit County man facing several stalking and domestic violence charges, ended Tuesday morning in a mistrial.
The decision reportedly was made by 5th Judicial District Judge Karen Romeo after a juror appeared for day two of what was supposed to be an eight-day trial equipped with a handwritten note outlining several reasons why he or she could not fulfill the duties of a juror.
The court spent almost the entire day Monday narrowing the jury pool to 12 members. Normally, a 13th juror is selected to serve as an alternate in the event of an emergency. The court made the decision Monday not to appoint an alternate juror. Judge Romeo declined to comment Tuesday about why she made that decision.
Siriano's attorney, public defender Dale McPhetres, was given the option Tuesday to proceed with an 11-member jury. McPhetres declined, forcing Romeo to declare the mistrial.
Siriano remains charged in Summit County District Court with two counts of retaliation against a witness or victim, a Class 3 felony; two counts of stalking, a Class 4 felony; one count of stalking, a Class 5 felony; and nine counts of violation of felony bond conditions, a Class 6 felony. Siriano also faces several misdemeanor charges, including domestic violence, harassment, menacing and violation of a restraining order.
A hearing to reset the trial is scheduled for Feb. 13.
However, McPhetres said Tuesday his office filed a Colorado Appellate Rule 21 petition to the Colorado Supreme Court. McPhetres said that although it's not a common practice, Rule 21 provides certain circumstances under which a defendant can appeal his or her case directly to the Supreme Court to avoid the risk of a conviction in the lower courts.
McPhetres declined to elaborate about the grounds for the filing. The petition had not been processed by the courts and was not available for public inspection at press time.
Despite the new development, Jill Sarmo, public information officer for the district attorney's office, said Deputy District Attorney Mark Franklin was prepared to prosecute Siriano this week and now has his sights set on a new trial date. The district attorney's office expects the trial to be reset for sometime in the spring, Sarmo said.
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