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Murder trial delayed

Attorneys request time to ‘problem solve’ sanity ruling

A Cortez woman accused of fatally stabbing a man last year has waived her right to a speedy trial, again.

Appearing via telephone, public defender Justin Bogan requested a continuance in the second-degree murder trial on Thursday, Dec. 18. He cited ongoing discussions with prosecutors to “problem solve” the court’s rejection last month to declare the defendant, Valerie Espinoza, 38, “legally insane.”

After agreeing to waive her right to a speedy trial last week, Espinoza’s case was continued until Jan. 22. District Court Judge Todd Plewe said the clock to the defendant’s right to a speedy trial within six months would be reset.

At question is a stipulated agreement entered between prosecutors and the defense on Nov. 13 that requested the court to rule that Espinoza was insane when she stabbed 62-year-old Charles Chaves with a butcher’s knife on Sept. 19, 2013.

A paid defense psychologist concluded that Espinoza was insane. But an evaluation by state psychologists ruled Espinoza wasn’t insane.

In his ruling against the stipulation, Plewe said he was uncomfortable making an insanity judgment because of conflicting reports among psychologist. He said a jury should decide the issue.

A two-week jury trial was initially set to start Dec. 1.

Court records reveal the victim suffered seven stab wounds to his upper body. A roommate reportedly discovered Chaves on his bed “gasping for air,” and told police he recovered a bloody butcher knife from the defendant before she left the scene.

A psychologist at the Colorado Mental Health Institute in Pueblo diagnosed Espinoza with a substance-induced psychotic disorder related to years of methamphetamine use. Her psychotic symptoms reportedly dissipated after prescribed anti-psychotic mood-stabilizing medications.

In July, the defense argued that Espinoza wasn’t competent to stand trial. Plewe, however, ruled the defendant didn’t have a mental disability that would prevent her from being able to rationally assist defense counsel.

tbaker@cortezjournal.com