BRIGHTON — Adams County prosecutors improperly inflamed jurors during the Jerry Rhea fraud case and a new trial should be held for the former owner of Quality Paving and Quality Resurfacing, a defense attorney says.
In his motion for a new trial, attorney Anthony Leffert says prosecutors are guilty of prosecutorial misconduct for raising allegations that Adams County public officials were enriched by their dealings with Rhea during opening and closing arguments.
Leffert says there was no evidence of such corruption presented to jurors.
In his motion, Leffert also claims prosecutors denigrated a defense expert witness by calling him a “hired gun” and played on the personal sentiments of jurors by saying the money Rhea stole was “tax money that could be used for some other (presumably better) purpose.”
Rhea was found guilty on Feb. 6 of 23 felony counts, including three counts of attempting to influence a public official. The charges stem from paving and resurfacing contracts between Quality Paving and Resurfacing and Adams County Public Works in 2007.
Prosecutors allege that, in all, taxpayers were billed for $1.8 million of work that was never done by Quality Paving.
Quality Paving vice president Dennis Coen was convicted of similar charges late last year. Former Adams County Public Works Director Lee Asay and former county construction manager Sam Gomez both face felony trials for their alleged connection to the Quality Paving scandal.
In their reponse to Prosecutors argue in their response to Leffert’s motion that one witness testified about Rhea meeting twice a week with Gomez and Asay. Another witness — Quality Paving’s Heath Russo — also testified that Rhea and Gomez met to talk about inflating invoices, prosecutors said.
They also countered that in closing arguments, lawyers may comment on the evidence and the “reasonable inferences that may be drawn from them.”
Rhea’s sentencing is set for April 26 in Adams County District Court.
Monte Whaley: 720-929-0907 or mwhaley@denverpost.com
