Judge in Pueblo election tampering case issues gag order, orders competency evaluation

A Pueblo judge has issued a gag order in a high-profile election tampering case and ordered the defendant to be evaluated for competency.

Richard Patton, 31, is the first man in Colorado to be charged under a new law that upgraded the penalty for tampering with election equipment from a misdemeanor to a Class 5 felony.

In a hearing Wednesday morning, an attorney for the Pueblo County Public Defender's Office requested the gag order be placed to prevent the 10th Judicial District Attorney's Office, as well as law enforcement agencies such as the Pueblo Police Department, Pueblo County Sheriff's Office, Colorado Bureau of Investigations, and FBI, from commenting on the case.

An attorney representing the 10th Judicial District DA's Office objected, stating that the case did not meet the legal parameters that would make a gag order necessary.

Judge William Alexander disagreed.

“There has been quite a bit of recent media attention, even at a national level, with regards to this case,” Alexander said.

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However, he noted, the gag order he adopted in the case would not be the one proposed by the public defender's office, but a standard gag order used in the past by the District Attorney's Office, which he stated was "more reasonable."

At the urging of the DA's office, Alexander also included the public defender's office in the gag order, prohibiting them from speaking about the case as well.

The gag order does not prevent the public from attending hearings on the case in open court or requesting documents of public record but simply prevents the parties named in the order from speaking publicly about the case.

Alexander also accepted another motion from the public defender's office requiring Patton to be evaluated for competency to stand trial, which will take place within 42 days.

A competency evaluation considers whether a defendant is mentally ill or developmentally disabled and whether that mental illness or disability would impede the defendant's ability to stand trial, based on whether the defendants have a factual and rational understanding of the proceedings and whether defendants are able to consult with attorneys and assist in their own defense, according to Colorado law.

A finding of incompetency is legally distinct from a finding of insanity, which would focus on the mental state of the defendant at the time the alleged offense was committed.

The competency evaluation will be performed by a behavioral health organization.

Patton, a registered Democrat, was arrested Thursday after police alleged he inserted a USB device into a voting machine during the June primary election, according to Pueblo police.

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Patton was released on a $5,000 bond Friday after being advised of his rights.

In a phone call with the Chieftain, Patton denied all wrongdoing and accused an election worker of tampering.

Patton will next appear in court on Dec. 29.

All suspects are innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on Twitter @jayreutter1.

This article originally appeared on The Pueblo Chieftain: In Pueblo election tampering case, judge orders competency evaluation