Former La Plata County Jail Cmdr. Edward Aber was scheduled to stand trial in early August on misconduct and invasion of privacy charges. During a Thursday hearing, the defense and the prosecution agreed to push the trial to November.
The change was made because of scheduling conflicts and the courts being closed for a half-day during the original trial week.
During Thursday’s hearing, Judge Richard Schmittel said he “has to take some responsibility” for the change of plans. He did not realize the courts would be closed half the day Aug. 11, which would have been the second day of the original weeklong trial, he said.
Schmittel said the case involves “a lot of moving parts” and it was best to reschedule the trial rather than try to adjust around the court closure.
“I recognize there are a lot of emotions in this case ... and it should not be rushed,” he said.
The trial is now scheduled for the week of Nov. 2 – nearly three months later than the original date.
Rescheduling was an arduous process for the defense and the prosecution.
At least four different rescheduling options – all of which would have been sooner than the date decided upon – were floated before the November date was chosen.
It is not the first time proceedings have been pushed back or postponed.
Several alleged victims attended Thursday’s hearing. Some shook their heads and others became emotional as the two parties narrowed in on a new trial date.
“It just gets pushed back and pushed back, and we’re in this state of flux,” said Suzanne Garcia, an alleged victim. “... We are suffering the trauma of what happened to us. We want to move forward so we can put this behind us, and we can't move forward if the court refuses to act quickly.”
Katrina Lile said learning of her alleged victimization and having to navigate the judicial process has been traumatizing.
She is worried about being able to find reliable child care during the trial – especially while dates feel in flux.
“I’ve got a 6-year-old at home,” she said. “I was already trying to figure out a way to find out babysitting for him for the trial in August, and that’s stressful. ... I can’t bring (him) here (to court).”
Several victims said they are upset that Aber is presumably allowed to travel while awaiting trial.
“He doesn't get to go to jail (immediately). We all went to jail,” Lile said. “He gets a vacation. We didn't get a vacation.”
The nature of Aber’s presumed travel could not be confirmed, and his defense attorney did not respond to a request for comment Thursday.
Aber is accused of using his Evidence.com access to view strip-search videos of at least 117 inmates more than 3,000 times for sexual gratification, according to an arrest affidavit filed by the Colorado Bureau of Investigation in July.
He allegedly watched the strip-search videos – which depicted “close-up vantage points of the intimate parts of at least 117 female inmates” – more than 3,000 times between Feb. 14, 2019, and Jan. 14, 2024.
epond@durangoherald.com
