There is insufficient evidence to prove Sandra Jacobson was driving in violation of the conditions of her bail, and a Denver District Court judge ordered her released from jail on Monday.
Jacobson, 40, posted $250,000 bond pending trial on charges that she was driving drunk and caused a crash that killed two librarians on their way to catch a flight at Denver International Airport in January.
Jacobson is not allowed to drive, and her conduct while out on bond has been questioned in the past with regard to her alcohol-monitoring device.
Authorities re-arrested Jacobson last week after they were contacted by Aaron Berg, a parole officer who took a class with Jacobson at Colorado Technical University. Berg told them he saw her driving after school on Oct. 14.
Berg testified he saw Jacobson driving out of the school parking lot in a light-blue BMW sports car.
He said he ran Jacobson’s name through an Internet search engine because there was something about her that “rubbed him the wrong way,” and the conditions of his job require that he report contact with parolees and probationers to his chain of command in case there is a conflict.
When Berg looked up Jacobson, he saw a news story about the fatal crash and decided to notify the court that she was driving.
Just before Monday’s hearing, Berg told prosecutors he couldn’t remember whether he saw Jacobson drive on Oct. 7 or Oct. 14, both Wednesdays when they had class.
Defense lawyer Bradley Lozow called a CTU professor to the stand who resembled Jacobson. The professor, who had long, light-blond hair in October, testified that she drove a light-blue BMW sedan to school on the nights in question.
Also, Jacobson’s roommate, Erin Sims, testified that she picked Jacobson up from school on both those nights in a brown Cadillac at a regular meeting spot.
Judge Sheila Rappaport said there was not enough evidence to show that Jacobson had access to a blue BMW. She also said she doesn’t fault Berg and believes he was trying to do the right thing.
“I think he was trying to recollect as accurately as he could,” Rappaport said. “However, there are a lot of holes in the evidence.”
As Rappaport announced her decision, Jacobson broke into tears, but the judge wasn’t moved.
Rappaport told Jacobson that her conduct during the hearing made it appear as if she found it “amusing.”
Lozow apologized on Jacobson’s behalf and said his client was scared and that he tried to make her laugh during the proceedings to “break the edge for her.”
“This is deadly serious,” the judge said. “You are not to be behind the wheel of a car.”
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
