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Retrial date set for former El Paso Co. Sheriff Terry Maketa

Retrial date set for former El Paso Co Sheriff Terry Maketa

EL PASO COUNTY, Colo. - A retrial date for former El Paso County sheriff Terry Maketa has been set for Oct. 3, following a phone conference with Judge Larry Schwartz Monday morning.

Defense attorney's Pamela Mackey and David Kaplan and prosecutors Mark Hurlbert and Chris Wilcox were present on the phone.

A spokesperson with the district attorney 18th judicial district told KRDO news prosecutors will be retrying all four counts the jury was deadlocked on which include: extortion, conspiracy to commit extortion and two counts of first-degree official misconduct.

Last Tuesday, a jury found Maketa not guilty on three counts including witness tampering, conspiracy to commit witness tampering and one count of first-degree official misconduct.

KRDO asked a local criminal defense lawyer, Patrick Mika, to weigh in on how retrials work.

"There's a lot involved in getting ready for a case like this. You have to use transcripts from the previous trial to impeach the credibility of witnesses who deviate from their testimony from an earlier trial," Mika said.

udge Schwartz said he will request a jury pool of 125 people and narrow that number down to 12 for the retrial.

Mika adds it is often difficult to find an unbiased jury in a high profile case.

"Getting a jury that has not heard about this case or who's willing to sit for a lengthy period of time is difficult," he said.

Another question many are asking: what does this cost?

"I don't see that the cost is going to be significantly less than the last trial. The government of course doesn't have any concern about the cost because they're spending taxpayers money and they have a blank check to do that, that's the unfortunate and unfair part of this process," Mika said.

Now, the fate of Maketa will lie in the hands of a new jury.

KRDO tried contacting defense attorney's to see if they're filing for a change of venue, but haven't heard back.

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