Barton Wants New Judge, New Sentence

Posted: 03/12/2003
Last Updated: 3722 days ago

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.

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