Tuesday, June 22, 2010

Boulder woman suspected of bribing juror waives hearing for possible plea deal


By Vanessa Miller, Camera staff writer - 06/22/2010

A 51-year-old Boulder woman accused of trying to bribe a juror during her April trial and then attempting to flee the country waived her right for a preliminary hearing on the new charges this morning and set a date in July to enter a plea in Boulder County District Court.


Darine Chely's attorney Megan Ring told a judge that the District Attorney's Office has presented her client with a “detailed offer.”

“We want to keep that option on the table,” Ring said, “so we're waiving the preliminary hearing today.”

Ring mentioned concerns that some of the judges in Boulder County District Court have conflicts of interest involving Chely, who has faced numerous charges in Boulder County dating back more than a decade. Deputy district attorney Michael Foote said two district court judges — Gwyneth Whalen and Maria Berkenkotter — have recused themselves from Chely's case for unknown reasons.

Foote said judges don't have to state a reason for recusing themselves, but common reasons include having dealt with the defendant before.

Judge James Klein heard the case that ended with Chely's alleged suspected jury bribery, and Foote said he doesn't know if Klein will recuse himself too.

Read more: Boulder woman suspected of bribing juror waives hearing for possible plea deal - Boulder Daily Camera http://www.dailycamera.com/news/ci_15349127#ixzz0rbTTVVoL
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Boulder woman suspected of bribing juror waives hearing for possible plea deal

Sunday, June 13, 2010

Are You Liable For Your Process Server Under The FDCPA?

FDCPA Defense Blog - Sunday, June 13, 2010

Consumers often assert FDCPA claims against collectors based upon alleged misstatements or misconduct by process servers while serving a state court summons and complaint. Thus, consumers may claim a process server was rude or abusive at the time of service, causing them to suffer emotional distress, or that a process server made false statements about the debt. These allegations are not sufficient to impose liability on the collector under the FDCPA.

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Liable For Your Process Server Under The FDCPA?