BRIGHTON — Prosecutors used the publicity surrounding the Quality Paving scandal in Adams County to unfairly prejudice jurors and lead them Rhea’s lawyer said Friday.
Several times during opening and closing arguments in the trial, prosecutors referred to public corruption allegations related to the investigation of Quality Paving and its dealings with Adams County officials, said defense attorney Anthony Leffert.
He cited 48 news articles about the fallout of the Quality Paving probe that mentioned public corruption but said his client had never been charged with trying to bribe a public official.
“This was a conscious attempt by two seasoned prosecutors,” Leffert said. They tried to “drag press clippings into the jury room.”
Leffert said Adams County prosecutors were guilty of misconduct and asked District Judge Steven Shinn to overturn Rhea’s February conviction and give Rhea a new trial. Shinn said he would rule within the next 10 days.
Rhea was found guilty of 23 felony counts, including three counts of attempting to influence a public officials. Prosecutors have since merged the counts against Rhea to five.
He faces sentencing April 26.
Prosecutors allege that taxpayers were billed for at least $1.7 million of work that was never done by Quality Paving.
Quality Paving vice president Dennis Coen was sentenced Thursday to 13 years in prison for his role in the scheme.
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. Gomez’s trial is set for April 30.
Prosecutor Dave Young scoffed at Leffert’s arguments, saying it was a last-minute ploy to save his client.
Young said both testimony and volumes of documents that jurors examined after a three-week trial “screams public corruption.”
“The jury did not convict this defendant on one hour of closing arguments,” Young said
Leffert should have asked for a change of venue in the case if he was concerned about pre-trial publicity, Young said.
Leffert responded that news about the case was statewide, spread by mostly The Denver Post and Channel 7.
“There was no place to change the venue to,” Leffert said.
Monte Whaley: 720-929-0907 or mwhaley@denverpost.com
