An error in court proceedings halted the trial of a Hesperus man accused of repeatedly sexually assaulting a child. A new trial, with a new jury, will begin in January 2016.
Jury selection and opening statements began last week for Edmund Peter Marx, 63, who faces seven charges that include counts of sexual assault on a child with a pattern of abuse, aggravated incest and tampering with a witness. The felony charges carry different levels of penalty, but if convicted of the pattern of abuse count, Marx could receive 10 to 32 years in the Colorado Department of Corrections.
The unspecified mistrial occurred on the third day of the hearing. Assistant District Attorney Christian Champagne, who is prosecuting the case, declined to provide specifics.
“There’s high potential of tainting the next jury pool,” Champagne reasoned.
The victim said Marx kissed and touched her inappropriately on multiple occasions in 2013. She also said Marx, who she calls “Peter,” threatened to kill her brother if she told anyone.
Defense attorney Jake Taufer discounted the victim’s contention because she has mental disabilities and her stories have discrepancies. The victim now lives in Texas with family.
Marx will next appear in 6th Judicial District Judge William Herringer’s courtroom Jan. 11. Proceedings are expected to continue through Jan. 19.
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