Casebolt pleads not guilty

MONTROSE — The remaining defendant in the state’s case against Elizabeth Mining and Development Corporation Inc. was on Monday set for trial, over defense objections.

Steven Casebolt was indicted roughly 16 months ago on several felonies related to racketeering, securities fraud and violations of the Colorado Hazardous Waste Act, over actions the Colorado Attorney General’s office alleges he undertook while operating EMDI in Montrose.

Casebolt, who has always denied any wrongdoing, formally pleaded not guilty in district court Monday.

He waived his right to speedy trial, enabling it to be set at a later time, but just how much later it should be proved a bone of contention.

Casebolt’s public defender, Harvey Palefsky, requested a May 2009 trial, but First Assistant Attorney General Tom Raynes said he had concerns with that lengthy of a delay.

Raynes was formerly district attorney in Montrose. He appeared Monday by telephone.

“This case has kind of languished for a while,” Raynes said. “I would rather see it sooner than later.”

Judge Jeff Herron said a civil case involving Casebolt and EMDI was also a factor and that the court could slate a trial in mid-March.

Palefsky, who came aboard recently after Casebolt appeared several times without an attorney, objected. He said he understood the March date was already outside the speedy trial timeframe, but that he needed more preparation time in light of his overall workload with the public defender’s office.

“Unfortunately, there are only so many hours in a day,” Palefsky said.

In addition to regular docket cases, Palefsky is preparing for the murder trial of Lionel Lopez, slated to begin Dec. 2 and expected to last three weeks.

“We accommodated the district attorney’s office for many, many months before we set Lopez in December. I’d ask for the same accommodation,” he said.

Raynes maintained the state wanted a trial date fixed, even if it might trigger a motion to continue.

Herron set Casebolt’s trial for March 16 - 27. “I think it’s important to move forward,” he said.

Elizabeth Mining and Development Inc. (also identified as Precious Metal Resources) removes precious metals from catalytic converters.

Casebolt’s indictment alleged that between 1998 and 2007, investors were solicited but not informed EMDI had no permit for hazardous waste disposal; that promises concerning how investments would be secured were “worthless” and misrepresentations were made to Colorado Department of Public Health and Environment and Environmental Protection Agency.

Casebolt’s co-defendant, Wayne Ratner, pleaded guilty earlier this year to the charge of offer or sale of an unregistered security. He was sentenced to three years’ probation and must have court permission to create a new business or alter the structure of his current business.

The indictment of Casebolt’s father, Joseph, was dismissed after his death in January.