In a scathing two-page ruling filed on Tuesday, Feb. 17, District Court Judge Todd Plewe wrote that Valerie Espinoza, 39, would likely be remanded to the custody of a state mental hospital only for a “brief stay” before released. Plewe added he was “troubled” that the prosecution had entered into a “backroom deal” with defense attorneys.
“I am of the opinion that shortcuts should not be taken in homicide cases without substantial public justification,” Plewe penned.
The stipulated agreement between District Attorney Will Furse and Public Defenders Justin Bogan and Amy R. Smith requested the court to waive a jury trial; and instead have the defendant committed to a state mental health facility in Pueblo. Experts there previously determined that Espinoza was “legally sane at the time of the alleged crime,” Plewe noted, meaning she would likely be released from their custody once admitted.
Plewe said he was also concerned that prosecutors had indicated they would only rely on an opposing opinion from a paid defense mental health expert rather than call state mental health officials to testify at trial. He said Furse had failed to provide any “reasonable explanation” for his decision, stating a jury should weigh conflicting mental health reports to avoid undermining confidence in the criminal justice system.
“This is the district attorney’s stipulation,” Plewe wrote. “He must defend it.”
Late last week, Furse responded to the court’s position, telling The Cortez Journal via email that his office conducted its own “objective and independent investigation” of the contradictory conclusions reached by mental health professionals.
“Following months of due diligence and careful consideration of all the evidence, the People believe that Ms. Espinoza suffered from a mental defect at the time of her offense and was unable to differentiate between right and wrong,” said Furse.
“The People are therefore confident that the stipulation related to Ms. Espinoza’s insanity is a just and righteous one,” he concluded.
Immediately after court proceedings on Thursday, Feb. 19, the defendant appeared shocked as Smith explained to her that the court had granted her a remand hearing for March 19. Espinoza told Smith, “thank you,” before she was escorted back to the Montezuma County jail in shackles.
Appearing frustrated after Furse indicated the victim’s family approved of the stipulated agreement, Plewe ordered the remand hearing, stating it would provide relatives of the deceased an opportunity to address the court.
Espinoza reportedly stabbed 62-year-old Charles Chaves inside his South Madison Street home seven times with a butchers’ knife on Sept. 19, 2013. A roommate reportedly discovered the victim “gasping for air,” then subsequently recovered a bloody butcher knife from the defendant before she left the scene.
A psychologist at the Colorado Mental Health Institute in Pueblo diagnosed Espinoza with a substance-induced psychotic disorder related to years of methamphetamine use. Her psychotic symptoms reportedly dissipated after prescribed anti-psychotic mood-stabilizing medications.
Last summer, Plewe ruled the defendant didn’t have a mental disability that would prevent her from being able to rationally assist her defense team.
tbaker@cortezjournal.com