GUILTY CO - Mary Lynne Vialpando, 24, raped/murdered, Colorado Springs, 5 June 1988 *arrest 2018* *Retrial

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Friday, April 5th:
*Review (Competency) Hearing (@ 3pm MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (46/15 @ time of crime) charged (9/20/18) with 1st degree murder & felony murder predicated by robbery, rape & theft. Held without bail.
DNA profile match in CODIS.
10/4/18 Update: 1st appearance continued to 10/11.
10/11/18 Update: Because Papol was 15 at the time of Vialpando’s slaying, his legal team may petition to have the case moved into Juvenile Court. Alternatively, his attorneys may ask to have the case dismissed on the grounds that charges should have been filed in Juvenile Court in the first place. The legal debate pivots on differences in juvenile law in 1988 versus today — and the question of which laws should prevail. Next Review hearing on 11/30. 11/30/18: Next hearing on 1/2/19.
1/2/19 Update: Papol will not have his case moved to juvenile court, but there's a chance that he could be sentenced as a juvenile if he's convicted. Next appear in court for a preliminary hearing on 3/1.
3/1/19 Update: Judge Chittum ruled Friday that the prosecution has enough evidence for Papol to stand trial on charges including three counts of first-degree murder, each for a different theory of how the crime unfolded. He was ordered to undergo an evaluation to determine if he’s mentally fit to stand trial. To be done at Colorado Mental Health Institute at Pueblo, could put his case on hold for months or longer. Judge set another hearing for April 5 to discuss progress on the evaluation. The judge denied a motion by defense attorney Richard Bednarski to delay his preliminary hearing due to his mental state, but allowed Papol to leave before witnesses were called after Bednarski said he was too disturbed to “understand what’s going on.”



 
'This defendant needs his medications,' judge orders for man accused in 1988 Old Colorado City murder

Apr 5, 2019

"James Edward Papol, who is being evaluated for mental competency to stand trial in the 1988 killing of a 24-year-old woman in Old Colorado City, wasn’t given anti-psychotic medication for days while he was in El Paso County jail recently.

Sheriff’s Office records show four such lapses — one lasting more than a week — in which Papol did not receive prescribed medication for bipolar disorder and schizophrenia, his defense attorney said during a pretrial hearing Friday in 4th Judicial District Court.

Judge Robin Chittum was troubled by the blunders, the latest missteps in inmate health care by the jail’s medical contractor, Armor Correctional Health Services...."

'This defendant needs his medications,' judge orders for man accused in 1988 Old Colorado City murder
 
Friday, May 10th:
*Review (Competency) Hearing (@ 1:30pm MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (46/15 @ time of crime) charged (9/20/18) with 1st degree murder & felony murder predicated by robbery, rape & theft. Held without bail.
DNA profile match in CODIS.
Court hearings from 10/4/18 thru 3/1/19 reference post #23 here:
CO - CO - Mary Lynne Vialpando, 24, Colorado Springs, 5 June 1988

4/5/19 Update: Next Review hearing on 5/10.
 
Suspect in 1988 Old Colorado City murder found mentally competent to stand trial

May 10, 2019

"A man accused of raping and killing a woman in Old Colorado City in 1988 when he was 15 years old is mentally fit to stand trial, a judge ruled on Friday.

James Edward Papol, 46, who authorities say has been tied by DNA to the three-decade-old murder of Mary Lynn Vialpando, was ordered to undergo a mental competency evaluation after he went without his antipsychotic medication for more than a week at the El Paso County jail in late February.

Papol’s attorneys did not object Friday when 4th Judicial District Judge Robin Chittum deemed Papol mentally competent based on an assessment of him last month at the Colorado Mental Health Institute at Pueblo...

...Chittum agreed to give the defense more time before Papol enters a plea, setting arraignment for June 21."

Suspect in 1988 Old Colorado City murder found mentally competent to stand trial
 
Suspect in 1988 Old Colorado City murder found mentally competent to stand trial

May 10, 2019

"A man accused of raping and killing a woman in Old Colorado City in 1988 when he was 15 years old is mentally fit to stand trial, a judge ruled on Friday.

James Edward Papol, 46, who authorities say has been tied by DNA to the three-decade-old murder of Mary Lynn Vialpando, was ordered to undergo a mental competency evaluation after he went without his antipsychotic medication for more than a week at the El Paso County jail in late February.

Papol’s attorneys did not object Friday when 4th Judicial District Judge Robin Chittum deemed Papol mentally competent based on an assessment of him last month at the Colorado Mental Health Institute at Pueblo...

...Chittum agreed to give the defense more time before Papol enters a plea, setting arraignment for June 21."

Suspect in 1988 Old Colorado City murder found mentally competent to stand trial
 
Friday, June 21st:
*Arraignment Hearing (@ pm MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (46/15 @ time of crime) charged (9/20/18) with 1st degree murder & felony murder predicated by robbery, rape & theft. Held without bail. El Paso County
DNA profile match in CODIS.
Court hearings from 10/4/18 thru 3/1/19 reference post #23 here:
CO - CO - Mary Lynne Vialpando, 24, Colorado Springs, 5 June 1988

4/5/19 Update: Next Review hearing on 5/10.
5/10/19 Update: Judges rules Papol is competent to stand trial. Arraignment hearing set for 6/21.
 
New delay for man suspected in 1988 rape and murder in Old Colorado City

Jun 21, 2019

"A new delay took root Friday in the case of a man tied by DNA to a three-decade-old rape and murder in Old Colorado City, as attorneys grappled with his extensive history of criminal convictions and psychiatric commitments.

A judge agreed for the second time to postpone an arraignment for James Edward Papol, who is charged in the July 5, 1988, killing of Mary Lynn Vialpando.

Papol, 46, was due to be arraigned in May, but his attorneys were given more time to consult with their client.

Friday’s request for more time came after the defense team reported it had received 4,400 pages of new mental health records 10 days ago. A defense expert needs to read through them to counsel attorneys about a possible insanity plea, his legal team said...

Papol, who is being held without bond at the El Paso County jail, was ordered to return to court Aug. 1. That’s when a plea could be entered and a trial date set....

If Papol enters a plea of not guilty by reason of insanity, his attorneys will argue at trial that he shouldn’t be convicted in the murder because he wasn’t of sound mind and didn’t understand the difference between right and wrong.

If found not guilty by reason of insanity, Papol would be committed to a state facility indefinitely for treatment.

A conviction of first-degree murder would mean an automatic life sentence in prison without the possibility of parole."

New delay for man suspected in 1988 rape and murder in Old Colorado City
 
The Insanity Plea: It's Not Just for Killers Anymore

JULY 15, 2019

"The public tends to associate the insanity plea with the most serious crimes, such as the July 20, 2012, Aurora theater shooting or the 1988 cold case rape and murder of Mary Lynn Vialpando; the defense team for James Edward Papol, who was arrested this past September in Vialpando's death, was recently granted a delay in proceedings to research this legal tactic. But the case of Bryan Hunt, who pleaded insanity this spring for allegedly pointing but not firing a rifle at traffic on a highway near Breckenridge, is only the most recent prominent example of the defense being used in connection with lesser offenses in Colorado.

David Beller, an attorney for Denver's Recht Korfeld PC and a recognized expert on the insanity plea, doesn't represent Hunt, but he's certain the lawyers who do thought long and hard before taking this course of action.

"The not-guilty-by-reason-of-insanity plea is one of the most life-disrupting choices that an attorney can make for a client," Beller says. "So it's generally reserved for those cases where the attorney has little other choice than to risk their client being put into a mental institution for a long period of time."..."

The Insanity Plea: It's Not Just for Killers Anymore
 
Thursday, Aug. 1st:
*Arraignment Hearing (@ pm MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (46/15 @ time of crime) charged (9/20/18) with 1st degree murder & felony murder predicated by robbery, rape & theft. Held without bail. El Paso County
DNA profile match in CODIS.
Court hearings from 10/4/18 thru 3/1/19 reference post #23 here:
CO - CO - Mary Lynne Vialpando, 24, Colorado Springs, 5 June 1988

4/5/19 Update: Next Review hearing on 5/10.
5/10/19 Update: Judges rules Papol is competent to stand trial. Arraignment hearing set for 6/21.
6/21/19 Update: Judge agreed for the 2nd time to postpone an arraignment. Papol was due to be arraigned in May, but his attorneys were given more time to consult with their client. Friday's request for more time came after the defense team reported it had received 4,400 pages of new mental health records 10 days ago. Papol, who is being held without bond at the El Paso county jail, was ordered to return to court Aug. 1. That's when a plea could be entered & a trial date set.
 
Date Len Name Hearing Type Case # Location Division
8/29/19
1:30 PM 1H PAPOL, JAMES Return Date on Summons C212019C2073 El Paso County CIVIL RTRN Room W170 (West)

9/6/19
8:15 AM 1H PAPOL, JAMES Review WAppearance of Parties D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

10/8/19
4:00 PM 1H PAPOL, JAMES Review WAppearance of Parties D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

link: Seventh Judicial District » Docket Search
 
Thursday, August 29th:
*Return Date on Summons Hearing (@ 1:30pm MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (46/15 @ time of crime) charged (9/20/18) & arraigned (8/1/19) with 1st degree murder & felony murder predicated by robbery, rape & theft. Plead not guilty by reason of insanity. Held without bail.
DNA profile match in CODIS.
Court hearings from 10/4/18 thru 3/1/19 reference post #23 here:
CO - CO - Mary Lynne Vialpando, 24, Colorado Springs, 5 June 1988

4/5/19 Update: Next Review hearing on 5/10. 5/10/19 Update: Judges rules Papol is competent to stand trial. Arraignment hearing set for 6/21.
6/21/19 Update: A judge agreed for the second time to postpone an arraignment. Papol was due to be arraigned in May, but his attorneys were given more time to consult with their client. Friday’s request for more time came after the defense team reported it had received 4,400 pages of new mental health records 10 days ago. A defense expert needs to read through them to counsel attorneys about a possible insanity plea, his legal team said. Papol, who is being held without bond at the El Paso County jail, was ordered to return to court Aug. 1. That’s when a plea could be entered and a trial date set.
8/1/19 Update: Entered a plea of not guilty by reason of insanity. He will be evaluated at the Colorado State Mental Health Institute in Pueblo. Next Return Date on Summons on 8/29, Review hearing on 9/6 & 10/8.
 
Date Len Name Hearing Type Case # Location Division

9/6/19
8:15 AM 1H PAPOL, JAMES Review WAppearance of Parties D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

10/8/19
4:00 PM 1H PAPOL, JAMES Review WAppearance of Parties D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

link: Seventh Judicial District » Docket Search
 
Friday, Sept. 6th:
*Review Appearance Hearing (@ 8:15am MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (46/15 @ time of crime) charged (9/20/18) with 1st degree murder & felony murder predicated by robbery, rape & theft. Plead not guilty by reason of insanity. Held without bail.
DNA profile match in CODIS.
Court hearings from 10/4/18 thru 3/1/19 reference post #23 here:
CO - CO - Mary Lynne Vialpando, 24, Colorado Springs, 5 June 1988

4/5/19 Update: Next Review hearing on 5/10. 5/10/19 Update: Judges rules Papol is competent to stand trial. Arraignment hearing set for 6/21.
6/21/19 Update: A judge agreed for the second time to postpone an arraignment. Papol was due to be arraigned in May, but his attorneys were given more time to consult with their client. Friday’s request for more time came after the defense team reported it had received 4,400 pages of new mental health records 10 days ago. A defense expert needs to read through them to counsel attorneys about a possible insanity plea, his legal team said. Papol, who is being held without bond at the El Paso County jail, was ordered to return to court Aug. 1. That’s when a plea could be entered and a trial date set.
8/1/19 Update: Entered a plea of not guilty by reason of insanity. He will be evaluated at the Colorado State Mental Health Institute in Pueblo. Next Return Date on Summons on 8/29, Review hearing on 9/6 & 10/8.
 
Date Len Name Hearing Type Case # Location Division
10/8/19
4:00 PM 1H PAPOL, JAMES Review WAppearance of Parties D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

10/31/19
1:30 PM 1H PAPOL, JAMES Return Date on Summons C212019C2073 El Paso County CIVIL RTRN Room W170 (West)

link: Seventh Judicial District » Docket Search



Not too sure what the other case is about (#C212019C2073) - civil case?
 
Tuesday, October 8th:
*Review Appearance Hearing (@ 4pm MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (46/15 @ time of crime) charged (9/20/18) with 1st degree murder & felony murder predicated by robbery, rape & theft. Plead not guilty by reason of insanity. Held without bail.
DNA profile match in CODIS.
Court hearings from 10/4/18 thru 3/1/19 reference post #23 here:
CO - CO - Mary Lynne Vialpando, 24, Colorado Springs, 5 June 1988

4/5/19 Update: Next Review hearing on 5/10. 5/10/19 Update: Judges rules Papol is competent to stand trial. Arraignment hearing set for 6/21.
6/21/19 Update: A judge agreed for the second time to postpone an arraignment. Papol was due to be arraigned in May, but his attorneys were given more time to consult with their client. Friday’s request for more time came after the defense team reported it had received 4,400 pages of new mental health records 10 days ago. A defense expert needs to read through them to counsel attorneys about a possible insanity plea, his legal team said. Papol, who is being held without bond at the El Paso County jail, was ordered to return to court Aug. 1. That’s when a plea could be entered and a trial date set.
8/1/19 Update: Entered a plea of not guilty by reason of insanity. He will be evaluated at the Colorado State Mental Health Institute in Pueblo. Next Return Date on Summons on 8/29, Review hearing on 9/6 & 10/8. 9/6/19: Next review w/appearance of parties hearing on 10/8.
 

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