Search and arrest affidavits concerning Alexander Pacheco, accused of murdering his 13-year-old girlfriend, will remain sealed, a district court judge ruled today.
Broomfield District Court Judge John Popovich refused media requests to unseal the affidavits, noting that prosecutors and Pacheco’s defense lawyers objected to their release.
Popovich said there is an ongoing investigation into the death of Kelsey Shannon and that the affidavits contain hearsay and other information that may not be admissible at trial.
Popovich said the 18-year-old Pacheco’s right to a fair trial and the prosecution’s obligation to conduct a thorough investigation outweighs the First Amendment right to public access to the documents.
Adams county prosecutors say Kelsey was murdered sometime between the day of her disappearance on Oct. 14 and Jan. 21, when two people walking their dog found her body in Broomfield. She was found about half a mile from her home.
According to court documents obtained by The Denver Post, Kelsey was scheduled to testify against Pacheco at the time she disappeared. The court records show that Pacheco was facing a theft-by-receiving charge and that Kelsey was one of six prosecution witnesses set to take the stand.
The misdemeanor charge alleged that Pacheco was regularly seen riding a bike, similar to one stolen on Sept. 16 from a 14-year-old boy at a 7-Eleven at 12920 Lowell Boulevard in Broomfield. He was ultimately arrested in the bike case.
According to court records, Pacheco bonded out on Sept. 22 and was ordered to appear in court on Oct. 22 — eight days after Kelsey disappeared.
Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com
