Chief District Court Judge Doug Walker has discovered a head-scratching dilemma. At issue is attorney-client privilege.
Currently serving a 25-year prison sentence, convicted murderer Luther Hampson, 30, of Dolores, has filed a motion arguing that public defender Justin Bogan provided ineffective legal counsel. Earlier this week, Walker heard oral arguments as the court weighs whether to grant a subpoena from prosecutors that Bogan be required to turn over records contained in his original case file.
During a 45-minute hearing on Monday, June 22, Bogan said he shouldn’t be required to share his records, arguing that he had an ethical responsibility and was duty bound to maintain his attorney-client privilege with Hampson.
“That is the baseline for everything that I do,” said Bogan.
Appearing via telephone from Denver, Colorado Attorney General violent crimes prosecutor Jack Roth said the defense files should be made available in order to effectively rebut claims of ineffective counsel. He said some records may be irrelevant, but he needed the facts contained in Bogan’s files.
“Mr. Bogan’s representation is at issue,” said Roth. “No one else’s.”
Filed by Grand Junction attorney Brad Junge, Hampson’s motion, in part, alleges that Bogan didn’t interview two witnesses regarding a knife. Also appearing via telephone, Junge said that potential witness information could be relevant.
Walker indicated that he has no intention of micromanaging the case, but he told Bogan that he could issue an order requiring him to respond to specific questions.
“I have to find a level playing field,” said Walker, scratching his head. “I’m going to think about this a little more.”
Currently in custody at the Freemont Correctional Facility near Cañon City, Hampson wasn’t present at Monday’s hearing. It’s unknown when Walker will issue a ruling regarding Roth’s subpoena.
To avoid a possible life sentence, Hampson pleaded guilty to second-degree murder in the 2012 beating death of 27-year-old Jonathan Hayes, of Dolores. According to court records, Hayes sustained six blunt-force impacts to the face, and his throat was sliced with a razor blade. The murder weapon was never recovered.
Hampson will become eligible for parole in 2029. His estimated release date is 2036.
