Garnett has filed a motion to join the cases against Sam Carter and Brent Curnow on the basis that "each defendant was complicit in the criminal actions of the other defendant." The motion states that "the evidence against the defendants is identical."
Carter, 36, and Curnow, 39, neither of whom attended Wednesday's hearing, objected to the motion.
Curnow's attorney filed a motion for separate trials on the basis that it is "increasingly likely that the defense of Mr. Curnow and Mr. Carter will be antagonistic."
Both sides delivered arguments before District Judge Roxanne Bailin on Wednesday, but she did not rule on the matter.
Both men are facing charges of tampering with physical evidence, forgery, attempting to influence a public official, illegal possession of a trophy elk and conspiracy to commit illegal possession of wildlife, among other charges.
They are free on $20,000 personal recognizance bonds.
Carter's attorney, Marc Colin, said he plans to file a motion Thursday seeking a change of venue in the case.
An arrest warrant affidavit discusses text messages between Carter and Curnow leading up to and immediately following the shooting of the elk. Garnett highlighted a text from Curnow to Carter sent around 2:45 p.m. Jan 1, which read, "You should have killed it," to which Carter responded, "Oh, he's dead tonight."
"These are the text messages that both defendants deleted from their own phones, obviously knowing that their phones would be seized in the course of the investigation," Garnett said. "With regards to each charge -- the felony charges, the misdemeanor charges and then the poaching charge -- both defendants knew what was going on. They were involved and worked together, and the evidence that is admissible to each of those charges is going to be equally admissible against both of them."
Curnow's attorney, Patrick Mulligan, argued that the evidence is fundamentally different in each case.
"We do think the defenses in this case will be antagonistic," Mulligan said. "It is our position that Mr. Carter acted having seen, and having had the opportunity to see this elk. That Mr. Curnow acted for the most part in reliance on representations made to him by Mr. Carter. That, as I just described it, is the crux of an antagonistic defense."
Bailin said she planned to issue a ruling soon.
Carter and Curnow are scheduled to appear in court again for a motions hearing Sept. 4.
(Daily Camera - Aug 7, 2013)
Earlier:
- Boulder ex-officers plead not guilty in elk death
- Internal report: No other Boulder police officers aware of cops' plans to kill Mapleton Elk
- Boulder officers arrested, accused of plotting 'trophy' kill of Mapleton elk
- Boulder police suspend 2 officers over Mapleton elk shooting, sheriff launches probe
- Off-duty Boulder officer in elk shooting had called in sick, operates taxidermy website
- Boulder chief on elk shooting: 'If that officer needs to be fired, I assure you he will be fired'
- Evans: "It's not about the elk"
- Boulder cop's text hours before shooting Mapleton elk: 'He's gonna die'
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