GREELEY, Colo.-
A pool of 70 jurors was whittled down Tuesday to seven jurors who began hearing the case against a Democratic volunteer facing a criminal charge for leaving dog feces at the office of Republican Rep. Marilyn Musgrave.
Kathleen Ensz, 64, faces a charge of using a noxious substance for the May 31, 2006 incident that ignited charges of political dirty tricks during a heated campaign. Musgrave’s campaign demanded an apology from her likely Democratic opponent, state Rep. Angela Paccione of Fort Collins, who refused, saying her campaign wasn’t involved.
Jury selection lasted more than seven hours and used a questionnaire that asked potential jurors about their political involvement. Ensz’s trial was expected to wrap up Wednesday.
Denver-based defense attorney Patricia Bangert said Ensz’s actions were protected by free speech as she was merely returning unwanted junk mail.
“Her intention in doing this was to send a message,” she said. “A symbolic message, not a nice message, but one that basically says, ‘Stop sending me this crap.'”
Prosecutors said Ensz’s actions were intended to deprive someone of the use of their property.
“The defendant left dog crap in a building to make a point. She made her point,” said Deputy District Attorney Jason Bergevin. “She thought she was expressing her freedom of speech. At the same time she made that message, she committed a crime.”
Ensz, 64, is a retired French professor who taught at the University of Northern Colorado in Greeley and who was a volunteer for the Weld County Democratic Party at the time.
Using a noxious substance is a misdemeanor carrying a jail sentence of up to six months and a fine of $50 to $750.
