The retrial of a woman charged with intimidating a witness in an attempted murder case started Monday with prosecutors alleging Kimaya James made two phone calls to try to prevent Kalonniann Clark from testifying.
But defense attorney Jessica West said James was trying to get Clark to change her story because she believed the woman, who suffered from a bipolar disorder, was lying.
Prosecutor Bruce Levin said the tapes clearly show James threatening Clark eight days before Brian Hicks was to go to trial for attempting to murder Clark in June of 2005.
“She has a great motivation to see this case derailed,” Levin told the jurors, who were selected Monday afternoon. “You’re going to see Kimaya James attempted to influence her not to testify.”
James is charged with two counts of intimidating a witness, but her first trial ended in a mistrial in June after the jury could not reach a verdict.
Clark was killed before she could testify against Hicks, who was charged with attempted murder from a previous attempt to kill Clark. Coincidentally, that charge was dropped against Hicks on Monday when federal authorities refused to bring him to stand trial in state court. No one has been charged in Clark’s slaying.
West said James provided police with tapes of her conversation with Clark to show that she was trying to get her to tell the truth and not to frighten her. “She’s the kind of person who stirs things up,” West said of Clark. “She’s a liar.”
Levin said the tapes will show how James conspired with Hicks to silence Clark before she was to testify in the case. Levin quoted James as telling Clark that “things would only get worse” if she testified.
Clark called police right after the calls because she was scared, Levin said.
The retrial is expected to last two to three days.
Arthur Kane: 303-954-1244 or akane@denverpost.com
