Valley businessman cleared of pornography charge
The felony theft charge was dropped in February, and Tuesday night Eagle County Judge Teri Diem dismissed the remaining charge in the prosecution’s case against Gillie, said Blake Lynch, one of Gillie’s attorneys.
“The judge dismissed the case because the prosecution had failed to provide the defendant with copies of information downloaded from a computer that was seized,” Lynch said.
Diem ruled investigators did not provide the information to Gillie’s defense team in time for them to prepare for a trial, which was scheduled to begin in January, Lynch said.
“There was no way the defendant could adequately defend himself without this information,” Lynch said.
At a court hearing in November, Diem ordered investigators to provide Gillie’s lawyers with the information, Lynch said.
“It was not done in a timely manner,” Lynch said. “The immediate cause of the dismissal was failure of the prosecution to comply with the court’s order.”
The hard drive seized from Gillie’s computer was sent for analysis to computer forensics experts at the Pueblo County Sheriff’s Office, said Brenda Parks, deputy district attorney for Eagle County. Commander Dave Pettinari, of the Pueblo County Sheriff’s Office, testified for the prosecution Tuesday, Parks said.
“Through that testimony the judge made the finding that Commander Pettinari did not follow the court’s discovery deadlines, even though he had confirmed with the D.A.’s office that he could follow those discovery deadlines, and that this did not allow the defense sufficient time to examine evidence prior to the trial setting of Jan. 9 and 10,” Parks said.
Gillie, who lives in Edwards, was manager of the 27-unit 9 Vail Road complex when he was arrested in September 2001. The misdemeanor charge is one usually filed when prosecutors suspect someone of possessing child pornography.
But the case against him began to unravel just five months later when prosecutors dropped the theft charge. It wasn’t until Tuesday, after almost another 10 months had passed, before Gillie was cleared of all charges.