Judge denies defendant’s trial delay request for attorney conflicts
A judge denied the request of the defendant in a Boulder stabbing case to have his upcoming trial delayed due to conflicts with his attorney.
Eric Alan Serrott, 48, has pleaded not guilty by reason of insanity to two counts of attempted first-degree murder, two counts of first-degree assault and five crime of violence sentence enhancers.
Serrott, who is in custody, is set to stand trial starting April 10.
But at a hearing Tuesday, attorneys noted that Serrott had filed a written motion asking to fire his private attorney, Gregory Rawlings, and be appointed a public defender.
Serrott then also asked for his trial to be delayed so the new attorney could catch up on the case.
But Boulder County District Attorney Michael Dougherty objected, saying that the impact of a delay to the prosecution’s case would be severe due to the age of the case and the number of unhoused witnesses.
Dougherty also questioned the timing of the request, and noted there was no evidentiary or witness issue that would impact the defense’s case behind it.
“The delay that might result from this is not due to anything prejudicial to the defense,” Dougherty said.
But Serrott said the negative impact of having to go to trial without an attorney or with an unprepared attorney should outweigh the concerns of the prosecution and the court.
“I just think the dog I have in this fight is bigger than all that,” Serrott said. “It’s the rest of my life.”
Because Serrott is in custody, he is eligible for a public defender and is allowed to fire his attorney at his discretion. Serrott told the court he felt Rawlings failed to make the proper objections at a recent hearing.
Rawlings acknowledged some tension and disagreements with Serrott, but told Boulder District Judge Nancy Salomone he was capable of trying the case in April.
Salomone said it would likely be at least an eight month delay if Serrott were granted a new attorney, and also noted it would be the second time a continuance was granted over the objection of prosecutors.
Salomone also said the issues Serrott presented with Rawlings were not irreconcilable and were brought up on the eve of trial.
“Had Mr. Serrott raised this issue at any other time besides two and a half weeks before the trial, it wouldn’t have the impact to the people,” Salomone said.
That, combined with the age of the case, led Salomone to deny the request for a new trial date.
“Having weighed all of those things, the court finds… the need to move forward with the trial as it is scheduled weighs more than Mr. Serrott’s desire at this time to dismiss the counsel that he has had since October of 2020.”
Salomone said Serrott could still choose to fire Rawlings, but he would then have to proceed to trial representing himself.
“As of now, the courts finding is that Mr. Rawlings can continue, which leaves you in a boat where you will continue with him, or if you wish to get rid of him you waive your right to counsel,” Salomone said.
Salomone said she would give Serrott time to weigh his options, and set a hearing for March 30.
According to an arrest affidavit, police were called to a gas station at the corner of 28th Street and Valmont Road on June 28, 2020, when witnesses had found a 56-year-old man with stab wounds.
The man was transported to Boulder Community Health’s Foothills Hospital with at least four stab wounds, including one to his neck.
Another officer who had been searching for the stabbing victim found Serrott a few blocks away near 30th and Bluff streets, according to an affidavit.
The officer said Serrott had blood on his hands and an empty knife sheath in his shorts, and was breathing heavily as if he had been running. Officers took Serrott to Boulder Community Health in custody, but he declined to answer questions.
According to the affidavit, police found a blood trail on a bike path leading from the gas station to a homeless camp in the 2700 block of Valmont Road, where two witnesses told police they witnessed the stabbing.
The witnesses said Serrott had arrived earlier in the weekend to the camp where the victim was already staying. During the night, the men said Serrott attacked the victim, who then went to the gas station.
Both men did not previously know Serrott but were able to describe him and later confirmed he was the attacker after seeing him in police custody. Both men also said they did not know the reason for the attack, and said Serrott had been quiet and kept to himself.
Police also found a knife with a 5-inch blade that appeared to be covered in blood at the camp.
If found not guilty by reason of insanity, Serrott would be committed until he was deemed restored to competency and safe to be released.