District Attorney Carol Chambers’ office will be able to prosecute a 2004 prison murder, the Colorado Supreme Court ruled Monday.
The state Supreme Court reversed a lower court ruling that disqualified the 18th Judicial District from prosecuting Alejandro Perez for the stabbing death of fellow inmate Jeffrey Heird at the Limon Correctional Facility.
District Judge Stanley Brinkley had removed Chambers’ office from the case and called for a special prosecutor to take over, in part, because of how the prosecution was being financed.
In prosecuting Perez and co-defendant David Bueno, Chambers billed the Department of Corrections for expenses and reimbursed her own office for at least $91,648, money that should have been reimbursed to the counties in the 18th Judicial District: Arapahoe, Douglas, Elbert and Lincoln.
The state Supreme Court did not address the legality of the funding. However, it did say that the issue did not preclude Perez from receiving a fair trial.
“Under the facts of the present case, we do not see how the absence of county approval for the funding arrangement would affect Perez’s ability to receive a fair trial,” the state Supreme Court said in its ruling.
One of the first things the DA’s office will do is ask that a trial date be set.
“We remain committed to seeking justice in this case,” Chambers said in a written statement.
Bueno was convicted in Heird’s death and sentenced to life without parole in 2008. He is appealing.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
