SHERIDAN — Four separate jury trials are scheduled to begin in 4th Judicial District Court Jan. 3, 2022, indicating a court bottleneck at the beginning of next year.
All four defendants pleaded not guilty during arraignment, and, at the end of the arraignment hearing, Judge John Fenn set a date for trial, guided by the court’s stacking system. The court, Fenn explained to defendants in court Thursday, stacks — or plans to present — several trials on particular days.
Why does the court adhere to this system? Because more than 90% of criminal cases in 4th Judicial District Court, Fenn estimated, never see a jury trial. Plea deals, changing charges and other factors ensure trials are, in most cases, not necessary.
To streamline scheduling, the court chooses particular trial start days and slates up to six trials to begin on a single day, assuming — usually correctly — at most one of the cases will actually proceed to trial.
Although the four trials scheduled for Jan. 3, then, are somewhat of a fluke, they may nonetheless result in a legal traffic jam for the first few weeks of 2022.
Jake Kolden, 28, maintains the No. 1 trial set to begin Jan. 3. Kolden was charged with strangulation, a felony punishable by up to 10 years in prison, a $10,000 fine or both. Since his arraignment, however, Kolden has been absent; he did not appear for his pretrial conference Thursday and his attorney, Stacy Kirven, said she was unable to contact him.
Kirven said Kolden has received several plea offers from the state, but the attorney has not been able to discuss these offers with the defendant because of his disappearance. Although Kolden may plead out with one of these deals, Fenn kept the case listed as No. 1 for Jan. 3.
Lyndi Crippen, 42, who holds the No. 2 position on Jan. 3, is accused of possession of more than three-tenths of a gram of methamphetamine in liquid form, a felony punishable by up to seven years in prison, a $15,000 fine or both. Crippen also faces two misdemeanor charges: possession of Xanax and less than one gram of meth in crystal form, both punishable by up to 12 months in jail, a $1,000 fine or both. During Crippen’s pretrial conference Thursday, the defendant demonstrated no intention to change her plea.
The No. 3 trial on Jan 3 would adjudicate the case of Tyler Phelps, 20, who is charged with sexual abuse of a minor, a victim 14 years old at the time. The charge is a felony punishable by up to 20 years in prison, a $10,000 fine or both.
During his client’s pretrial conference, Phelps’ attorney, Ryan Healy, indicated several evidentiary issues related to the case, which will require hearings before trial. The trial, Fenn responded, will remain the third stacked trial Jan. 3, and the court will respond to requests for additional hearings or continuances as they arise.
Finally, Teresa Hammond, 67, has the No. 4 position on the court’s calendar for Jan. 3. Hammond was charged with child abuse, a felony punishable by 10 years, a $10,000 fine, or both. Hammond’s attorney, public defender Jonathan Foreman, raised evidentiary issues in the case requiring additional hearings ahead of trial and stated no satisfactory plea agreement had been reached in the case.
Although only one trial will ultimately occur on Jan. 3, attorneys for all four of the trials, Fenn repeated, should be prepared to proceed to trial as scheduled.
The four trials are further complicated by Fenn’s recent appointment to the Wyoming Supreme Court. Fenn’s appointment to the court begins Jan. 17, meaning Fenn will have just two weeks of the new year during which to delay or dispense the cases. Once he takes his place on the state’s supreme court, Fenn anticipated there will be a period of a few weeks during which there will be no judge to oversee these trials.
According to Michael Pearlman, a representative from the governor’s office, Gov. Mark Gordon will appoint Judge Fenn’s replacement from a list of three names submitted to him by the Judicial Nominating Commission. Nominees must be learned in the law, at least 28 years old, a U.S. citizen and a resident of Wyoming for at least two years.
Past district court nomination and appointment press releases indicate the Judicial Nominating Commission may take up to two months to provide Gordon with a list of nominees. After being presented with the list, Gordon has 30 days to appoint a new district court judge.
As a result, it is likely one or more of the four cases will be presided over by two judges or delayed, which may cause due process and appellate issues.
There will be, Fenn summarized, “logistical challenges within this district for a few months.”
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December 04, 2021 at 12:45AM
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