Indictment defective, doctor’s attorney says

MONTROSE — One more defendant who stands accused in the death of Caleb Jensen disputes the grand jury indictment against him.

Dr. Keith Hooker appeared in court Monday, where attorney Stephens Dooley requested a continuance, pending decision on his motion to dismiss the indictment as defective.

Hooker was charged with felony child abuse resulting in death and criminally negligent homicide in the death of Jensen, 15.

The Utah teen died during an outing in rural Montrose County. He was participating in an Alternative Youth Adventures program when he developed a staph infection that killed him.

The state of Colorado contends Jensen’s infection produced visible symptoms that were not treated until it was too late. He died before help could reach the group on Little Red Mountain.

Indicted with Hooker were James Omer, the registered agent of AYA Colorado; camp EMT Ben Askins; AYA Colorado and Community Education Centers, which does business under the name AYA, but not as AYA Colorado.

Dooley argued in a motion the grand jury transcripts do not show probable cause to indict Hooker, and he said the indictment was defective.

“It doesn’t answer who, what, why or where,” he said after court.

In his response to Dooley’s motion, District Attorney Myrl Serra said any probable cause review, must, by statute, favor the prosecution. “(It) should be treated as a motion for probable cause review and the People welcome that review,” Serra wrote in his response.

However, he said, the law only allows the court to evaluate based on the grand jury record, not additional argument or evidence.

The motion, Serra said, “consists almost entirely of argument.”

Dooley said it was not clear why his client was indicted in the first place. “I have read all the discovery and all the transcripts, and I don’t know,” he said.

He said Hooker’s indictment is virtually identical to Askins’. Askins’ does not specify Hooker’s alleged role, or his connection to AYA.

Askins’ attorney last week disputed the indictment, contending it was supported by erroneous testimony that omitted key information concerning Caleb’s behavioral problems, and the mischaracterization of the sequence of events.

Also in court Monday, Community Education Centers attorney Colleen Scissors argued for the quashing of the summons issued to AYA and sought to withdraw as AYA’s attorney.

The indictment, she said, improperly names AYA America, a non-existent corporation, and her client, CEC, only responded to the summons issued to AYA because it feared legal repercussions.

Judge Jeff Herron would not quash the summons, because a summons is issued for the purpose of getting a defendant to appear in court. Since that has happened, Herron said there was no issue.

He allowed Scissors to withdraw as AYA’s attorney after she explained that Omer is already represented by counsel and being listed as an attorney for AYA puts creates a conflict of interest.

Serra did not object and Scissors’ motion to withdraw was granted.

Both AYA and Hooker’s cases will be heard again Oct. 20. Askins’ case is up for a motions hearing Oct. 17. Omer, who pleaded not guilty, has been set for trial.