DENVER - The attorney for County Court Judge Mary Celeste says she admits she left her granddaughter in a car while she went to Sam's Club but says there was water in the car, a fan was running and the doors were locked to the outside.
"She is regretful that this has happened," attorney Gary Jackson told 9Wants to Know Monday. Jackson said the girl is 6 years old. It was previously reported the girl was 5 and then 7 years old.
Celeste is under investigation after police found a young child left alone in her car on July 27 at a Sam's Club parking lot, 9Wants to Know has learned. The temperature recorded in Denver on that date was above 90 degrees.
The Arapahoe County District Attorney's office will review evidence and decide if any charges will be filed against Celeste.
Colorado State law says, "A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child."
The City and County of Denver also has a municipal law covering wrongs to a minor which is similar to the state law but carries lesser consequences.
The special prosecutor could decide to file charges under the municipal law or state law. If the special prosecutor decides there is insufficient evidence or are sufficient mitigating circumstances, they could decide to file no charges.
Celeste has not been charged with a crime.
Witnesses say Celeste was inside the store near West Alameda Avenue and South Broadway for a few minutes and purchased olive oil.
A customer first alerted store employees early in the afternoon that they saw the child alone in a car.
Employees called 911 and then tried to get the girl out of the car, but could not because the doors were locked.
Two Sam's Club employees say firefighters responded to the scene, and the judge returned to the car before they got the girl out of the car.
"We have been cooperating with the authorities and will continue to do so," Jackson said. "There are a number of extenuating circumstances that are related to the circumstances of Wednesday's incident."
Jackson said Celeste's father died the day before the incident.
Celeste has been a Denver County Court judge since 2000. She has received the American Association of University Women "Trailblazer Award" and in June she was awarded the 2011 Mary Lathrop Award by the Colorado Women's bar Association.
Have a comment or tip for investigative reporter Jace Larson? Call him at 303-871-1432 or e-mail him
jace.larson@9news.com.
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