Colorado woman claims state forced her to relive trauma of husband's deadly crash at parole hearing
On Dec. 4, 2020, Kathryn Severns Avery's husband Chris Avery was killed when a car full of people who had just robbed a makeup store in Lakewood slammed into his car.
"We know from evidence entered in court that they were going between 70 mph and 80 mph," said Severns Avery.
Kathryn remembers Chris every day but says she thinks about the people who took his life only once every six months when they have a parole hearing. Kathryn tries to attend every one, but this month she was shocked to learn the hearing for the driver of the car that killed her husband was scheduled for Dec. 4 -- the anniversary of his death.
"I was like, are you kidding me?" said Severns Avery.
She and a woman in the Office for Victims Programs both asked the parole board about the timing of the hearing. Kathryn was sent an email stating, "A change could not be accommodated because of facility operations, and we cannot push back the hearing date further by statute of the previous one-year deferral."
"What angered me the most is that we have protections for prisoners against cruel and unusual punishment. But there are no such laws for victims," said said Severns Avery.
So she made the heart-wrenching decision to advocate for her husband in front of the man who killed him on the day she usually sets aside to honor and remember him.
"For me, it's a sacred day. It's a day for me to spend in remembrance of Chris," said Severns Avery. "And it was brutal. I mean, it was brutal to be in that hearing."
Now she's acting. She is reaching out to her elected officials to try to get legislation started that would stop this from happening again.
She says this experience makes her feel like victims of violent crime don't have enough rights or resources.
"For every dollar that is spent on an offender, pennies are spent on victims," said Severns Avery.
The Colorado Department of Corrections sent CBS Colorado a statement. It says hearings at the facility in which the driver is being held are limited to just a single day and that it's not possible to reschedule. The statement is below:
The Department of Corrections and the Colorado State Board of Parole recognize how challenging this situation is for Ms. Avery, and we want to express our empathy for her during this difficult time.
The Colorado Department of Corrections (CDOC), Victim Services Unit (VSU) was made aware of the anniversary date approximately two months before the parole hearing. Typically, parole hearings follow a consistent monthly schedule, as determined by the State Board of Parole, based on facility location. For example, Four Mile Correctional Center hearings are usually held on the 1st Wednesday of the month, while other hearings take place on the 3rd Thursday, and so forth.
When we are notified of conflicts with hearing dates or times, we collaborate with the Colorado Parole Board to explore adjustments. In this case, Four Mile Correctional Center hearings were limited to a single day, and it was not possible to reschedule. VSU then explored transferring the offender to another facility to align with a different parole hearing schedule. Unfortunately, we were unable to make the transfer.
We recognize the sensitivity of this matter and remain committed to supporting victims and their families as they navigate the post-conviction process.
