Hearing delayed in Blagg’s retrial bid
A hearing on a motion for a new trial in Michael Blagg’s murder case is expected to be scheduled next month.
Joyce Bailey, division clerk for Mesa County Chief Judge David Bottger, said attorneys in the matter Tuesday asked to delay a setting until 10 a.m. on Sept. 27. At that time, the parties are expected to schedule hearing dates for the new trial motion.
Prosecutors and public defenders involved in the matter conferred Tuesday via telephone conference, Bailey said.
Blagg, 50, is expected to be returned from the Colorado Department of Corrections in custody to Mesa County for the new trial motion hearing, which could be scheduled over several days in Bottger’s courtroom.
The Colorado Court of Appeals last month agreed to send Blagg’s case back to Mesa County after public defenders filed a motion arguing a juror involved in Blagg’s 2004 trial, Marilyn Charlesworth, lied when she indicated in a juror questionnaire she had never been a victim of domestic violence.
The issue came to light after Charlesworth, among several residents April 17 who called for the resignation of now-former City Councilor Rick Brainard, said during a public hearing of the Grand Junction City Council she was “a victim of domestic violence for 10 years.”
Coupled with other nondisclosures about her past before Blagg’s trial, the latest revelations constitute possible perjury and warrant a new trial, Blagg’s public defenders argue.
Charlesworth denied lying in 2004 or 2013, saying in an interview with The Daily Sentinel she was emotionally abused during two relationships but didn’t consider herself a victim in 2004 when she answered her questionnaire before the trial.
Blagg was convicted by a Mesa County jury in 2004 of first-degree murder after deliberation and sentenced to life in prison without the possibility of parole in connection with the murder of his wife, Jennifer, in 2001.