After a day and a half day selection process, a jury of 12 plus two alternates in the Scott sexual assault trial was seated just after 2:00 p.m. on Friday, Aug. 26 in the 11th Judicial District Court. Judge Patrick Murphy again thanked those remaining of the initial 69 prospective jurors for their time, saying that the large pool was absolutely necessary, given the challenges posed by the attorneys. He offered his gratitude to those who were not selected, saying they contributed much to the process, also gaining insight into their civic responsibilities.
Opening Statements from Deputy District Attorney Joanne Morando
Herbert Lucas Scott surrendered to the Chaffee County Sheriff’s Office on Feb. 11.
Deputy D.A. Joanne Morando then outlined the state’s case, providing background on the history and events leading up to the two counts related to this case, known as D82021CR27.
Morando asserted that the defendant, Herbert Lucas Scott used his significant height and cited the 85-pound-weight advantage to physically grope then later assault the much smaller victim. She added that the victim on multiple previous occasions, where Scott had brought up sex, had repeatedly told Scott “no.”
Both in person and via text, he had asked for sexual encounters. Morando then summarized, saying the state intended to prove unlawful sexual contact and sexual assault “by force”.
Opening Statements from Defense Attorney Ernest Márquez
Defense Attorney Márquez made a brief opening statement, referring to the defendant as “H.L” — saying “everyone calls him H.L.”. He claimed that Scott and the victim had “dated” on and off since the summer of 2018. Márquez stated that the defendant and the victim had “negotiated a sexual relationship… and later had consensual sex in a horse trailer” on the defendant’s family ranch.
Márquez visually described multiple times during the jury selection process, that the burden of proof is not on the defense, it falls totally on the state. The prosecution must show lack of consent and provide evidence “beyond a reasonable doubt” that a conviction is warranted; until then, the defendant is presumed innocent.
First Witness Called to Testify
The first witness called was the victim Chloe Kimmons who gave nearly two hours of testimony, responding to fast-paced questions from Morando. The victim, who was 20-years-old at the time of the alleged assault, described Scott as a high school classmate of her brother. She said that the relationship consisted of social media communications, specifically texting, Facebook Messenger, and Snapchat, watching TV and Anime movies, generally with a friend of Scott.
The victim stated that she worked long hours and double shifts at various restaurants and that as a person “coming out of a bad relationship”, she was not looking for a sexual relationship. Over the course of time from 2018 through 2019 over which he suggested it, she stated she was “constantly telling Scott ‘I am only looking for a friend, nothing more’.”
She added that “‘while he initially accepted that, he kept pushing her for more’.”
The victim then described the night of the alleged assault when the third friend arrived later than planned. She said that she was bruised in two places and that during the assault she shut down physically and mentally. But afterward, she was able to kick the defendant and break free. Then, she said, she asked the newly arrived friend to take her home, telling Morando “she wanted to take a nap for a thousand years and not wake up.” The victim stated that she had no communication or contact with Scott after that.
When asked if the incident was reported, the victim said that she had not. But a year later it came up in a conversation with a close friend and teammate, Lily Spezze who told her that she had heard the defendant bragging about the encounter. Spezze reported this to law enforcement and is expected to be called as a witness for the prosecution.
Procedural Question Leads to Excusing Jury for the Weekend
At nearly 5:00 p.m. the attorneys and judge considered a procedural question involving a report field by the Colorado Bureau of Investigation (CBI). Field Agent Kevin Koback (present in the courtroom) and another law enforcement officer had previously conducted an interview with the victim. Attorney Morando had requested referring to the transcript to help the victim “refresh her memory”.
Given the lateness of the hour, Judge Murphy excused the jury for the weekend so that the legal question could be resolved. The jury was cautioned to not use social media or the internet, nor look at media coverage for the duration of the trial. Defense Attorney Márquez objected to stopping witness testimony but the prosecution stated they did not intend to approach the victim over the weekend and Murphy stated firmly that the victim was not to be given the interview transcript.
The victim’s testimony continued this morning, Monday, Aug. 29, with the witness returning to the stand. The trial is scheduled to continue through 9:00 a.m. Friday, Sept. 2.
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