DENVER - The man accused of sending harassing emails and letters to Democratic Rep. Rhonda Fields of Aurora appeared in Denver court during an advisement hearing Friday.
Franklin Sain, 42, was charged with attempt to influence a public servant and harassment-ethnic intimidation on Monday.
Sain's attorney asked the judge once again to dismiss the case. The attorney said his clients words directed at Rep. Fields last month are protected speech under the First Amendment. The judge denied the request.
"There are substantial First Amendment protections here, and those protections are enhanced when that speech is directed at a political representative," attorney Siddhartha Rathod said. "As a human, I was offended - the public was offended as well - but those emails are protected speech."
Sain was arrested Feb. 25 for sending Fields - who is sponsoring gun-control bills - harassing e-mails.
Denver Police say he admitted sending her six emails filled with profanity and sexual and racial epithets and left similar voice mails between Feb. 13 and 15.
Denver prosecutors allege the Colorado Springs man, who is white, tried to intimidate or harass Fields because she is black.
The letter, sent to Fields's State Capitol office last month, said, "F--- Your Laws. I Keep my 30 Round Magazines. There Will Be Blood! I'm Coming For You! N----- B----." Rep. Fields' son was murdered in 2005 after pledging to testify in an murder trial.
Sain was fired from his job as chief operating officer of an information technology firm Monday March, 4.
SofTec Solutions, Inc. released the following statement on its Facebook page Friday:
"After concluding its investigation, SofTec Solutions, Inc. made the decision to terminate its employment relationship with Mr. Frank Sain, effective Monday, March 4, 2013. We do not tolerate threats, or wishes, of violence against any person. We do not tolerate epithets, slurs or harassment against any person because of their race, national origin, gender, or any other characteristic protected by law. While we are not the judge or jury in this matter, SofTec had to make a decision based on the legitimate needs and interests of the company, its employees and its clients."
Sain's preliminary hearing is scheduled for March 27.
(KUSA-TV © 2013 Multimedia Holdings Corporation)