Judge postpones Robbins hearing
BRECKENRIDGE – District Judge David Lass abruptly ended testimony in a motions hearing for Brandon Robbins after a witness testified that Robbins talked with him the day he was arrested for his alleged part in the beating of a Breckenridge man Nov. 1, 2002.
Lass had previously granted a motion by defense attorney Harvey Steinberg to suppress any statements that Robbins might have made that day, and District Attorney Mark Hurlbert had indicated he didn’t plan to introduce any statements.
Robbins is charged with second-degree murder and first-degree assault in the beating of Cody Wieland after an argument in a bar Halloween night that spilled out onto the sidewalk. Prosecutors say Robbins used a military-style helmet to beat Wieland about the head; the 36-year-old man died nine days later of massive head injuries.
The motions hearing Tuesday was initially supposed to address a request by the defense to suppress a search of Robbins’ parents’ house on Summit Gulch Road north of town. The search is presumably for the metal helmet allegedly used in the attack.
The hearing has been postponed to 1:30 p.m. April 7, at which time the judge will also consider a motion to change the location of the trial.
District attorney’s investigator Dick Cleveland testified Tuesday afternoon that he had been trying to contact Robbins the afternoon of Nov. 2, 2002. That and repeated phone calls to his parents’ home in Colorado Springs failed.
But late that night, Cleveland said, he drove to the home of Robbins’ parents, Randy and Carla, and noticed lights on, obtained an arrest warrant and called the family. Cleveland said he was invited into the house, and he asked to have the clothing Robbins had been wearing the night before.
Cleveland further testified that Robbins said he was wearing those same clothes. Cleveland also said he believed it was Robbins who told him a camouflage jacket he’d worn Halloween night was in the bedroom.
After a lengthy discussion between the judge and the two attorneys, Lass said Hurlbert had only just learned of the statements the day before, and the defense couldn’t possibly have had time to review them before Tuesday’s hearing.
“He (Steinberg) was unaware there were any statements,” Lass said. “He thought they never existed.”
Lass ruled that Hurlbert will have to outline what those statements allegedly were and Steinberg will have to submit a new motion if he wants to suppress any of those statements before the next hearing.
Jane Stebbins can be reached at (970) 668-3998, ext. 228, or
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