Steamboat Springs A judge refused to reconsider the 21-year prison sentence given to a Hayden man convicted of sexual assault of a child until after the man's appeal is resolved.
Fourteenth Judicial District Chief Judge Richard P. Doucette made the ruling Tuesday against Calvin Drennan.
A Routt County jury found Drennan guilty in December 2000 of sexual assault of a child by one in a position of trust as part of a pattern of sexual abuse. Doucette sentenced Drennan to 21 years in prison.
After the sentence, Drennan filed a request for the Colorado Court of Appeals to review the jury trial.
According to the Colorado Department of Corrections, Doucette cannot reconsider the sentence he imposed until the appeals court makes a ruling.
Doucette gave the 56-year-old man the prison sentence for molesting his then-13-year-old step-granddaughter.
During a two-year period, Drennan sexually assaulted the girl five times. The assaults occurred at Drennan's Hayden home and at the girl's home in suburban Denver.
Because some of the assaults occurred in the girl's Denver home, Drennan pleaded guilty to a felony sexual assault charge in November 1999.
Drennan's 16-year prison sentence was suspended on the condition he successfully complete 16 years of intensive supervised probation.
Because Drennan was not sentenced to prison, prosecutors in Steamboat Springs filed charges in February 2000 for the assaults that occurred in Hayden.
If the appeals court upholds Drennan's conviction, it will be up to Doucette whether Drennan's sentence is reduced or modified.
Drennan's attorney, Ralph Cantafio, has filed court documents in the case that support his argument Drennan should be released from prison.
Cantafio argues Drennan has been a "model prisoner" and is getting mental health treatment.
Cantafio also argues if Drennan is released, he would be able to find employment and his client's deteriorating health would not be a burden on taxpayers. Drennan has been diagnosed with depression and an anxiety disorder.
Fourteenth Judicial District Attorney Paul McLimans is against Doucette reconsidering the sentence or making any modifications to the prison time.
McLimans' office argues that Drennan needs to remain behind bars to ensure he does not re-offend.
During the trial, authorities found out Drennan started to have contact with another 13-year-old girl in 2000. Drennan gave the girl roping lessons. The girl's parents were aware of Drennan's criminal record and attended each lesson.
In January 2001, authorities became concerned because Drennan admitted during a polygraph test that he had sexual fantasies about the minor.