A judge improperly forced prosecutors to drop 11 child-pornography charges against a former day-care operator who was later convicted of sexual assaulting children, the state’s appeals court ruled today.
Joseph Keith Renander, 29, had been charged with 45 counts of sexual exploitation of children for allegedly possessing pornographic images.
That case was separate from the sexual-assault allegations.
In the pornography case, the trial judge ordered prosecutors to reorganize the charges in a way he thought would be less likely to confuse jurors. That resulted in 11 fewer charges against Renander.
Prosecutors appealed, saying Jefferson County District Judge Brooke Jackson had overstepped his authority and violated the constitutional separation of powers between the executive and judicial branches.
A three-judge panel of the Colorado Court of Appeals agreed and sent the case back to Jackson.
“The court impermissibly encroached upon the authority vested in the executive branch and violated the separation of powers doctrine,” Chief Judge Janet Davidson wrote in the ruling.
It was not clear what effect the ruling would have on the case.
Neither prosecutors nor defense attorneys immediately returned calls.
In his other case, Renander was sentenced three weeks ago to 78 years to life in prison after he was convicted of sexually assaulting six girls who had been placed at day care centers Renander operated in Lakewood and Golden.
Prosecutors said the victims were 3 to 8 years old. The day care centers have been closed.
Under the sentence, Renander must serve at least 78 years before he can apply for parole. Renander was also designated a sexually violent predator.
