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

[PommyMommy]

OCT 13, 2020
Judge declares mistrial in 1988 rape, murder case amid COVID-19 concerns

Concerns about an attorney’s possible exposure to COVID-19 spawned a mistrial Monday for a man who has pleaded not guilty by reason of insanity in the 1988 rape and murder of a 24-year-old woman in Colorado Springs.

[...]

The judge rescheduled Papol’s sanity trial for Dec. 4. If a jury concludes he was sane at the time of the crime, a new jury would be convened to determine if he committed the killing.

 

[Niner]

Thank you that article @PommyMommy - I just looked at the court site & it still has a hearing on 11/20. I guess I'll check it out later & see if the 12/4 sanity trial appears on there.

 

[Niner]

Looks like the sanity trial has been cancelled - and rescheduled.

Date Len Name Hearing Type Case # Location Division
2/26/21
1:30 PM 1Hr PAPOL, JAMES Motions Hearing D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

3/11/21
3:00 PM 1Hr PAPOL, JAMES Pre-Trial Readiness Conference D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

4/5/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
4/6/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
4/7/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
4/9/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
4/12/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
4/13/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
4/14/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
4/16/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/10/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/11/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/12/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/14/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/17/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/18/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/19/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)
5/21/21
9:00 AM 1D PAPOL, JAMES Jury Trial D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

link: Seventh Judicial District » Docket Search

 

[imstilla.grandma]

James Papol, 48, will receive a sentence of between 40 and 60 years in the Department of Corrections after pleading guilty to the aggravated robbery and second-degree murder of 24-year-old Mary Lynn Vialpando, who was 24 when she was killed in the Old Colorado City area of Colorado Springs. Papol was 15 years old at the time.

As part of a plea agreement, Papol pleaded guilty to second-degree murder, a Class 2 felony; aggravated robbery, a Class 3 felony; and four sentence enhancements for crimes of violence, including using a deadly weapon.

“In 1988, I seen Ms. Vialpando in an alley and I noticed that she was wearing some jewelry,” Papol told 4th Judicial District Judge Robin Chittum as part of his guilty plea. “And in attempt to rob her of that jewelry I did stab Ms. Vialpando with a knife, then I pushed her to the ground and she hit her head on a rock.”

The presumptive sentencing range, without the plea agreement, is between 24-48 years in Department of Corrections for the homicide charge and between 16-32 years for the robbery charge. His agreement with prosecutors stipulates a total sentence of between 40-60 years.

Papol's sentence will not be served at CMHIP. He'll be required to pass an examination prior to being released from his commitment.

Vialpando was found dead in an alley in on June 5, 1988, after police said she’d been raped, stabbed and died as a result of injuries sustained from blunt force trauma.

Her case went unsolved for decades, but Papol — who was just 15 years old at the time of the crime — was identified as the primary suspect and arrested in September 2018 after decades-old DNA evidence was matched to his genetic profile.
Pueblo man pleads guilty in cold-case homicide of Mary Lynn Vialpando

 

[Niner]

I know the #D212018CR5723 is the murder case - don't know "what" the other ones are though.... Could be the separate other charges, i.e. robbery, rape & theft. But just guessing.

Date Len Name Hearing Type Case # Location Division
5/5/21
9:00 AM 1Hr PAPOL, JAMES Sentencing Hearing D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212002CR5134 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212003CR26 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212003CR46 El Paso County DIV 19-ROOM S404 (South Tower)

link: Seventh Judicial District » Docket Search

 

[Niner]

Date Len Appearance Name Hearing Type Case # Location Division
4/19/21
8:30 AM 1Hr VIRTUAL PAPOL, JAMES Status Conference D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212002CR5134 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212003CR46 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Sentencing Hearing D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212003CR26 El Paso County DIV 19-ROOM S404 (South Tower)

link: Seventh Judicial District » Docket Search

 

[Niner]

Monday, April 19th:
*Status Conference Hearing (Virtual) (@ 8:30am MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (15 @ time of crime/46/now 48) 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.
Trial was set to begin on 12/4/20 was cancelled. Sanity trial was set to begin on 12/4/20. Trial continued to 4/5/21 thru 5/21/21, but was cancelled on 2/17/21 when Papol agreed to a plea deal & plead guilty.
Court hearings from 10/4/18 thru 7/31/20 reference post #54 here:
Found Deceased - CO - Mary Lynne Vialpando, 24, raped/murdered, Colorado Springs, 5 June 1988 *arrest 2018* *Retrial
7/31/20 Update: Next motions hearing on 9/4/20. Pretrial readiness hearing on 11/20/20. 9/4/20 Update: Next motions hearing on 9/11/20. 9/11/20 Update: Next pretrial conference hearing on 9/23/20. 9/23/20 Update: Next pretrial conference hearing on 9/30/20.
9/30/20 Update: Pretrial conference hearing was cancelled. Rescheduled to 10/6/20. 10/6/20 Update: Concerns about an attorney’s possible exposure to COVID-19 spawned a mistrial Monday (10/6/20) for a man who has pleaded not guilty by reason of insanity. The ruling by 4th Judicial District Judge Robin Chittum came on the second day of jury selection in the case of Papol, who is charged with first-degree murder & other counts in the killing of Vialpando. The judge rescheduled Papol’s sanity trial for Dec. 4 with jury selection. If a jury concludes he was sane at the time of the crime, a new jury would be convened to determine if he committed the killing.
11/27/20 Update: Trial has been continued due to COVID. Next Motions hearing on 2/26/21 & Pretrial readiness conference hearing on 3/11 & trial will begin on 4/5/21 thru 5/21/21.
2/17/21 Update: Hearing was held. As part of a plea agreement, Papol plead guilty (averting an insanity trial in April) to 2nd degree murder, a Class 2 felony; aggravated robbery, a Class 3 felony; and 4 sentence enhancements for crimes of violence, including using a deadly weapon. His agreement with prosecutors stipulates a total sentence of between 40-60 years. Under his plea bargain, Papol will serve his sentence in prison rather than at the state hospital, provided he is cleared for release by providers there. Papol has been found competent for trial * remains medicated for a psychiatric disorder. He was 15 at the time of the crime. Said he intended to steal the woman's jewelry when he stabbed her & pushed her to the ground, causing her to hit her head on a rock. Former District Attorney Dan May, who prosecuted the case, called Papol's omission the tragic result of the statute of limitations expiring on a sexual assault charge. Papol’s sentencing is set for May 5, and the prosecution intends to introduce evidence of the rape in making its presentation, May said.
4/17/21 Update: Status conference hearing on 4/19/21.

 

[Niner]

Looks like status hearing was moved to today.

4/20/21
12:30 PM 1Hr VIRTUAL PAPOL, JAMES Status Conference D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212002CR5134 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212003CR26 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Review WAppearance of Parties D212003CR46 El Paso County DIV 19-ROOM S404 (South Tower)

5/5/21
9:00 AM 1Hr PAPOL, JAMES Sentencing Hearing D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)


link: Seventh Judicial District » Docket Search

 

[Niner]

Tuesday, April 20th:
*Status Conference Hearing (Virtual) (@ 12:30pm MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (15 @ time of crime/46/now 48) 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.
Trial was set to begin on 12/4/20 was cancelled. Sanity trial was set to begin on 12/4/20. Trial continued to 4/5/21 thru 5/21/21, but was cancelled on 2/17/21 when Papol agreed to a plea deal & plead guilty.
Court hearings from 10/4/18 thru 2/17/21 reference post #67 here:
Found Deceased - CO - Mary Lynne Vialpando, 24, raped/murdered, Colorado Springs, 5 June 1988 *arrest 2018* *Retrial
4/17/21 Update: Status conference hearing on 4/19/21. Sentencing on 5/5/21. 4/19/21 Update: Status hearing moved to 4/20/21.

 

[Niner]

5/5/21
9:00 AM 1Hr PAPOL, JAMES Sentencing Hearing D212018CR5723 El Paso County DIV 19-ROOM S404 (South Tower)

link: Seventh Judicial District » Docket Search

 

[Niner]

Wednesday, May 5th:
*Sentencing Hearing (@ 9am MT) – CO – Mary Lynne Vialpando (24) (June 5, 1988, Colorado Springs) – *James Edward Papol (15 @ time of crime/46/now 48) 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.
Trial was set to begin on 12/4/20 was cancelled. Sanity trial was set to begin on 12/4/20. Trial continued to 4/5/21 thru 5/21/21, but was cancelled on 2/17/21 when Papol agreed to a plea deal & plead guilty.
Court hearings from 10/4/18 thru 2/17/21 reference post #67 here:
Found Deceased - CO - Mary Lynne Vialpando, 24, raped/murdered, Colorado Springs, 5 June 1988 *arrest 2018* *Retrial
4/17/21 Update: Status conference hearing on 4/19/21. Sentencing on 5/5/21. 4/19/21 Update: Status hearing moved to 4/20/21. 4/20/21 Update: Next sentencing on 5/5/21.

 

[Niner]

https://www.thedenverchannel.com/ne...988-rape-and-murder-of-colorado-springs-woman

May 5, 2021
COLORADO SPRINGS — Wednesday, the man who pleaded guilty to the 1988 murder of 24-year-old Mary Lynn Vialpando in Colorado Springs was given the maximum sentence of 60 years in prison.
[.....]
Wednesday, the judge presiding over the case said Papol had taken no accountability for his actions. She added that even at the age of 15, she probably would have given him the maximum sentence of 60 years.
[.....]
As part of a plea deal for second-degree murder and aggravated robbery, he faced 40 to 60 years in prison for each count.

 

[Niner]

@JerseyGirl - this is case is over. Papol took a plea deal and was sentenced to 60 years.