Henthorn Trial To Be Delayed
DENVER (CBS4) - Attorneys for Harold Henthorn, the Highlands Ranch man suspected in the deaths of his two wives, are now asking a federal judge to delay his trial for another four months, until September 2015.
Henthorn was originally scheduled to go on trial May 4 in connection with the 2012 death of his second wife, Dr. Toni Henthorn. The new trial date is set for Sept. 14.
In a motion filed Friday, Henthorn's lawyers asked for the continuance saying while they have reviewed 81,813 documents so far, many more documents are now emerging related to the death of Henthorn's first wife, Lynn, that will necessitate more time.
"Denial of the requested continuance will leave Mr. Henthorn without counsel that is adequately prepared for trial and consequently deny Mr. Henthorn his constitutional right to effective assistance of counsel," reads the motion.
The court document indicates federal prosecutors are not objecting to the trial delay.
Last November, federal prosecutors charged Harold Henthorn with murder accusing him of pushing his second wife, Toni, to her death during a 2012 anniversary hike in Rocky Mountain National Park. Henthorn has entered a plea of not guilty in the case.
After her death, Douglas County authorities reopened their investigation into the 1995 death of Henthorn's first wife, Lynn, who died when the couple's Jeep fell on her during a late night tire change. The Douglas County Sheriff and the coroner ruled Lynn Henthorn's death an accident, but the current Douglas County sheriff has told CBS4 he no longer believes that to be the case. Henthorn has not been charged in that 1995 death.
Federal prosecutors have indicated they want to use the death of Henthorn's first wife as evidence in his trial for the death of his second wife.
Henthorn's attorneys now say, "An extensive evidentiary hearing regarding the Douglas County case will need to be conducted… and requires additional investigation and an evidentiary hearing. The need for time to review voluminous materials is clear when it is a trial for first degree murder," reads the motion.
The federal judge will hold a two day hearing on May 12 and 13 to determine if the death of Henthorn's first wife, Sandra Lynn, will be admissible at the murder trial of his second wife, Toni. Witnesses for both the prosecution and defense will testify.
Harold Henthorn is due in court Monday for a motions hearing related to the federal murder case.
CBS4 Investigator Brian Maass has been with the station more than 30 years uncovering waste, fraud and corruption. Follow him on Twitter @Briancbs4.