Defense lawyers for a former La Plata County Jail commander suspected of watching thousands of strip-search videos for his own sexual gratification have requested a November trial be held outside of La Plata County to avoid potential juror bias.
The request was made by Edward Aber’s lawyers, Barrie Newberger King and Maura Guaderrama, during a Monday motions hearing at the La Plata County Courthouse.
Guaderrama argued that too many potential jurors in La Plata County may have connections to the 100-plus alleged victims, and “inflammatory and prejudicial media coverage” has “creat(ed) a substantial possibility that Aber cannot face a fair trial in La Plata County.”
Guaderrama said more than 70 articles about Aber’s case have been published by a range of publications – including The Durango Herald – and that “undoubtedly biased” pre-trial coverage has “tainted the jury pool.”
She read off several social media comments left on websites like Reddit.com and on articles written about the case that called Aber names like “Pig” and “Jeffrey Epstein Jr.” – statements she said suggest a number of residents have already formed an opinion about his guilt or innocence.
Deputy District Attorney Vance Davis said though some of the comments read were “certainly vitriolic,” he presumes the jury will follow the court’s instructions as they relate to unconscious bias. He said the 2021 Mark Redwine murder trial, which also sparked concern over potential juror bias and gained national media attention – more attention than Aber’s case, he argued – was held in La Plata County.
Should La Plata County Judge Richard Schmittel reject the change of venue request, the defense requested a video be played to the jury about unconscious bias and that specific instructions related to unconscious bias be given to the jury.
Defense lawyers also requested that the 6th Judicial District Attorney’s Office be disqualified from prosecuting the case and instead bring in a special prosecutor.
The request was made based on an alleged conversation between District Attorney Sean Murray and a member of the La Plata Sheriff’s Office that was not entered into discovery.
Davis said the conversation was a “cliff notes” version of events given to Murray by the LPCSO deputy and “wasn’t apprised of material facts” about the case. The deputy approached Murray about the case to suggest the Colorado Bureau of Investigation look into the allegations, Davis said.
Schmittel ordered Davis to uncover the contents of the conversation and submit it to discovery, but said he does not feel it disqualifies the District Attorney’s Office from being involved in the case.
Schmittel did not make any official rulings Monday related to disqualifying the District Attorney’s Office or moving the case out of La Plata County.
Additional concerns were brought up by the defense, including worries that strip-search videos that had expired in the evidence.com database and can no longer be viewed were reportedly used alongside non-expired strip search videos to press charges against Aber.
Davis said a record exists of Aber’s evidence.com logins having been used to access all videos mentioned in the case, despite some of the videos no longer being viewable after auto expiring in the database.
Both parties have until late August to submit additional materials and responses, at which time Schmittel will rule on the pretrial motions.
According to an arrest affidavit filed by the Colorado Bureau of Investigation, Aber 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, using his administrative access to evidence.com.
Aber was charged with 117 counts of invasion of privacy and one count of official misconduct – all misdemeanors.
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