Tuesday, November 30, 2010
Steamboat Springs The three-day trial for Brooks Kellogg likely will be pushed back from its original start date of Jan. 3.
A judicial assistant for U.S. District Court Judge Christine M. Arguello said Monday that Kellogg’s defense has filed an unopposed motion to declare the case “complex,” which if granted would delay the trial date. Also, pretrial motions were due Nov. 23, but the defense filed an unopposed motion to extend that deadline.
“We’ve asked that that be pushed back because we’re just at the very beginning of getting our documents,” said Denver lawyer Larry Pozner, who is leading Kellogg’s defense.
Pozner said Monday that an extension of pretrial motions usually means a later trial date. U.S. Attorney’s Office spokesman Jeff Dorschner also said the upcoming court dates “are likely to get pushed back, although we don’t yet know how far.”
Arguello has not ruled on either motion, meaning dates remain as scheduled for court proceedings.
Kellogg, 72, a part-time Steamboat resident, was arrested Oct. 19 at Denver International Airport on suspicion of trying to pay for the killing of a Florida man who won $2.5 million in a settlement against business entities owned by Kellogg and a Steamboat business partner.
On Nov. 3, a federal grand jury in Denver formally indicted Kellogg on one count of use of interstate commerce facilities in the commission of murder-for-hire and one count of solicitation to commit a crime of violence. If Kellogg is convicted, he could be sentenced to as much as $500,000 in fines and as many as 30 years in prison.
Kellogg, of Chicago, is the managing member of Chadwick Real Estate Group in Steamboat and owns the Old Pilot Building, 1041 Lincoln Ave. He also owns a home overlooking Rollingstone Ranch Golf Club.
He remains in custody at a federal detention center in Englewood without bail. Pozner said Monday that the defense has filed a motion for a district court review of Kellogg’s bond conditions in an effort to achieve his release from custody. Pozner said such a motion is “customary procedure.”
A trial preparation conference and motion hearing is scheduled for Dec. 16 under the current timetable. That date could get pushed back, as well.
“The government is just beginning to produce materials,” Pozner said. “We’re at the very beginning of the case.”
— To reach Mike Lawrence, call 871-4233 or e-mail email@example.com