Barton Wants New Judge, New Sentence
POSTED: 5:42 p.m. MST March 12, 2003
DENVER -- The former U.S. Forest Service employee who admitted starting the biggest wildfire in Colorado history wants her state sentence overturned -- claiming the judge was biased because he had to leave his home during the fire.
Terry Lynn Barton, 39, was sentenced March 5 in Teller County by Judge Edward Colt (pictured, left) to 12 years in prison. She earlier had been given six years in prison on federal counts. Colt is still considering restitution in the case.
Court papers filed Wednesday by her lawyer said Colt had a conflict of interest because the fire directly affected him. He was displaced for a night during last summer's flames and he helped a court clerk evacuate her house during the fire.
Barton's lawyer argues that Colt should be disqualified and a new judge should be assigned to hear the case. That would mean the punishment phase of the trial would have to be held again, if Colt is forced to step down.
Terry Lynn Barton, 39, was sentenced March 5 in Teller County by Judge Edward Colt (pictured, left) to 12 years in prison. She earlier had been given six years in prison on federal counts. Colt is still considering restitution in the case.
Court papers filed Wednesday by her lawyer said Colt had a conflict of interest because the fire directly affected him. He was displaced for a night during last summer's flames and he helped a court clerk evacuate her house during the fire.
Barton's lawyer argues that Colt should be disqualified and a new judge should be assigned to hear the case. That would mean the punishment phase of the trial would have to be held again, if Colt is forced to step down.
Previous Stories:
- March 7, 2003: Barton's Lawyer: Judge Too Close To Fire To Issue Fair Sentence
- March 5, 2003: Barton Gets 12 Years For Hayman Fire
- February 21, 2003: Hayman Firestarter Gets 6 Years
- January 7, 2003: Judge Rules Barton Must Wear Ankle Bracelet
- January 6, 2003: Terry Barton Pleads Guilty To State Charge
- December 11, 2002: Legal Troubles Not Over For Terry Barton
- December 7, 2002: Barton Pleads Guilty In Hayman Fire Case
- November 27, 2002: Hayman Fire Suspect Makes Plea Agreement
- September 10, 2002: Barton Wants Out Of Halfway House
- August 30, 2002: U.S. Attorney Says Barton's Confession Valid
- July 26, 2002: Sister: Hayman Arson Suspect Didn't Mean To Set Fire
- June 27, 2002: Barton Bonds Out, Released From Jail
- June 22, 2002: Prosecutors: Barton's Husband Never Wrote Any Letter
Copyright 2003 by TheDenverChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
