DENVER — The three teens accused of killing 20-year-old Alexa Bartell by throwing a rock into her car are in jail on $2 million bond. The attorney for one of the teens, Joseph Koenig, is now challenging that bond amount because he thinks it's too high.
Martin Stuart, a criminal defense attorney in Denver, filed a petition with the Colorado Court of Appeals on July 19 to ask the higher court to review the judge's order setting bail.
In court documents Stuart argued the district court assumed guilt instead of presuming innocence.
Stuart said the district court judge decided on a bond amount in a "charged emotional environment" after hearing from upset community members and the parents of Bartell during Koenig's bond hearing.
People who spoke said Koenig "did not deserve bond" and "should be sitting on death row" and never allowed a "breath of freedom," said the petition.
Right now in order to get out of jail before trial Koenig and the other two teens would each need to pay the full amount in cash. They wouldn't be able to get help from a bondsman.
Koenig's attorney also said the amount isn't justified because of his client's CPAT score, which assesses a person's flight risk and the likelihood of the person committing another crime.
Koenig scored zero on the CPAT and was placed in a low-risk category, according to the petition.
"The district court gave lip service to the presumption of innocence but ultimately decided to set bond at $2 million cash only based on the unproven allegations," the petition said.
9NEWS legal expert Scott Robinson believes the attorney's arguments are viable. He said feelings from the community aren't a factor a judge must consider for bond. A judge does consider, Robinson said, a person's risk to the community and risk of running away if they can get out of jail.
"When you are representing a teenage boy with no prior criminal history it almost doesn't matter how serious the charges are," said Robinson. "The problem with a high bail set almost entirely on the basis of the alleged crime is it basically ignores the presumption of innocence."
Koening declined to be interviewed after his arrest; however, Zachary Kwak who is another defendant in the case agreed to speak with investigators. Kwak initially said he "could not remember" the incident, but he later revised his statement when confronted with information reported by Nicholas Karol-Chik, the third suspect. Kwak claimed that it was Koenig who threw the rock at Bartell's car.
Bonds for murder suspects in Colorado are something new because of a recent decision by the state Supreme Court. In June justices ruled even defendants accused of first degree murder should have a chance to post bond.
Judges across the state have been setting bail at very high amounts, making it nearly impossible for defendants to get out of jail before trial.
James Craig, a dentist accused of poisoning and killing his wife Angela Craig, was granted a $10 million bond.
David Lechner, who is accused of killing his wife Tracy Lechner, was granted a $100 million bond.
Robinson believes in light of the recent Supreme Court opinion some "ultra-high" bails may be vulnerable to attack in appellate court.
"There's no question but most defense attorneys would not take a multimillion dollar bond lightly," said Robinson. "Our constitution guarantees a right to bail, a reasonable bail, before trial. Either we have a presumption of innocence and we honor it, or we don’t."
After a petition on bail is filed, Robinson said the Colorado Court of Appeals can agree with the amount set by the district court or tell Jefferson County to hold another bond hearing for Koenig. No decision has been made yet.
Koenig's attorney did not want to provide a comment due to the pending case in the Court of Appeals.
If you have any information bonds set in murder cases in Colorado, reach out to Kelly Reinke at kelly.reinke@9news.com.
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