Waived hearing may signal deal in murder case

By Tom McGhee
The Denver Post

The alleged killer of University of Colorado student Susannah Chase, who was raped then beaten with a baseball bat, waived his right Thursday to a hearing where a judge would decide whether enough evidence exists to bring him to trial.

The maneuver could indicate that the Boulder County district attorney's office has offered Diego Olmos Alcalde, 38, a plea bargain, said Dan Recht, an experienced criminal defense attorney who is not involved in the case.

"Generally you wouldn't do that unless there is some offer put on the table that entices them to waive the hearing," Recht said.

Boulder County DA spokeswoman Carolyn French said she couldn't comment on the reasons for the waiver. Alcalde's public defender couldn't be reached for comment.

Alcalde faces charges of first-degree murder, felony murder, first-degree sexual assault and second-degree kidnapping. DNA taken from him when he was imprisoned in Wyoming on a charge of kidnapping in an unrelated case linked him to genetic material found on Chase's body after she was attacked near her home in Boulder on Dec. 21, 1997.

He remains in jail in Boulder County.

At a preliminary hearing — which Alcalde waived — prosecutors present some evidence against a suspect. Defense lawyers can learn what cards the prosecution is holding without having to tip their own hand, Recht said.

"A preliminary hearing is an important stage of any murder case, and without some significant reason to waive, a defendant should not do so because the prosecution has to put on a case and the defendant doesn't," he said.

A plea deal would allow prosecutors to avoid a trial that could end with jurors finding the defendant not guilty.

Instead of appearing at the hearing, which was scheduled for Monday, Alcalde will appear Aug. 1 in Boulder District Court for an arraignment, where he will be informed of the charges against him.

Full Denver Post Article

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