An attorney asserted Wednesday that it was too late to pursue criminal charges against Jerry Rhea, the former owner of Quality Paving Co., accused of taking part in an elaborate scheme that allegedly defrauded Adams County taxpayers out of $1.8 million.
Tony Leffert, Rhea’s lawyer, said at a hearing that a top Adams County administrator may have been aware as far back as January 2008 of key issues in what is ongoing criminal investigation that has led to felony charges against six people.
In effect, Leffert questioned whether a news producer’s 2008 inquiries of Adams County Administrator Jim Robinson started the clock ticking on the three-year statute of limitations for criminal charges in the scandal.
If that interaction occurred before Jan. 27, 2008, and if a judge concludes that it amounted to alerting the potential victims to a crime — in this case, Adams County taxpayers — it could wipe out the 23-count criminal case against Rhea.
Leffert told Adams County Judge Dianna Roybal that Robinson may have been questioned about Quality Paving’s work, contracts and relationship with various officials in January 2008 — more than three years before charges were formally filed against Rhea on Jan. 27.
But it wasn’t clear Wednesday exactly when that first contact with Robinson occurred — or whether it would constitute notice to potential victims that would start the three- year statute of limitations clock.
Assistant District Attorney Cynthia Kowert argued that the clock didn’t start ticking until they learned later in 2008 that Rhea may have been involved in a scheme in which prosecutors allege that officials at Quality Paving, the frequent recipient of no-bid Adams County contracts, conspired with county officials to inflate the price of jobs.
Roybal directed prosecutors to try to determine when that interaction between a news producer for KMGH-TV, Channel 7, and Robinson occurred. Prosecutors then must turn over relevant documents to Leffert.
But Roybal also questioned whether that interaction would ultimately affect the statute of limitations.
“At this point, I am not convinced that Mr. Robinson is equivalent to the district attorney’s office, and notice to him is notice to them,” Roybal said.
A preliminary hearing in Rhea’s case is set for April 15.
So far, two former Adams County workers and four former Quality Paving employees have been charged in the case. Among the allegations are charges that county taxpayers paid for a 15-mile repaving job on a road that is 10 miles long.
Kowert said in court twice Wednesday that the investigation is ongoing and involves “high-ranking” current and former Adams County officials.
The Denver Post has previously reported that County Commissioner Alice Nichol was under investigation after disclosures that Quality Paving did work at her home. And former public works director Lee Asay is also under investigation for his relationship with Quality Paving, which did work at his home.
