The accused killer of University of Colorado student Susannah Chase, who was raped and beaten with a baseball bat, has waived his right to a hearing where a judge would decide if evidence exists to bring him to trial.
The maneuver could indicate that the Boulder District Attorney’s office has offered Diego Olmos Alcalde, 38, a plea bargain, said Dan Recht, an experienced criminal defense attorney, who is not involved in the case.
“Generally you wouldn’t do that unless there is some offer put on the table that entices them to waive the hearing,” Recht said.
Boulder DA’s spokeswoman Carolyn French said she couldn’t comment on the reasons for the waiver. Alcalde’s public defender couldn’t be reached for comment.
At preliminary hearings, prosecutors present at least some of the evidence against a suspect. It is a good time for the defense lawyers to learn what cards the prosecution is holding without having to tip their own hand, Recht said.
“A preliminary hearing is an important stage of any murder case and without some significant reason to waive, a defendant should not do so because the prosecution has to put on a case and the defendant doesn’t.”
A plea deal allows prosecutors to avoid a trial that could end with jurors finding the defendant not guilty. “It eliminates work for the prosecution and the risk that they can’t show probable cause. The prosecutors might believe they have a weak case and therefore have offered a plea bargain to the defense,” Recht said.
Instead of appearing at the preliminary hearing, which was scheduled for next Monday, Alcalde will be arraigned on Aug. 1 in Boulder District Court.
At an arraignment the defendant is informed of the charges against him.
Alcalde faces charges of first-degree murder, felony murder, first-degree sexual assault and second-degree kidnapping. DNA taken from him when he was imprisoned in Wyoming on a charge of kidnapping in an unrelated case linked him to genetic material found on Chase’s body after she was attacked near her home in Boulder on Dec. 21, 1997.
Alcalde has denied killing Chase. He remains in jail in Boulder County.
Tom McGhee: 303-954-1671 or tmcghee@denverpost.com
