Retrial will begin for Duran in ’03 attemped murder
A second jury trial for a man accused of attempted murder in 2003 will begin as planned next week after a Mesa County District senior judge Friday rejected a defense motion to stall the trial. The defense wanted more time to examine evidence and question witnesses.
James Duran, 46, was convicted in 2005 of attempted murder and first-degree assault for shooting his friend Brad Hatch in the face and leaving him on train tracks where he was hit and dragged by a train.
Hatch survived but suffered broken bones.
Duran’s attorneys claim their client acted in self-defense.
The Colorado Court of Appeals in February overturned Duran’s attempted-murder conviction, allowing him a new trial.
Duran, who is in Mesa County Jail on a $500,000 bond, told Judge Robert Brown on Friday he agreed his with attorneys, Colorado Public Defenders John Burkey and Brian Musell, that more time to interview witnesses and to have experts analyze evidence would help his case. The Colorado Public Defender’s Office defended Duran during his first trial.
Brown, who served as the judge in Duran’s first trial, disagreed. He said both sides have had plenty of time to build their cases, and both sides have the advantage of knowing how witnesses will testify.
Hatch, a former Grand Junction resident, is expected to take the stand.
Jury selection begins Tuesday.