Nearly nine years after 13-year-old Dylan Redwine went missing, the trial looking into his death has finished its second week.
Dylan’s father, Mark Redwine, was arrested for killing the boy in 2017. Redwine, 59, is standing trial for second-degree murder and child abuse resulting in Dylan’s death. Dylan went missing in November 2012, during a court-ordered visit.
The trial is remarkable on several levels: It is being held almost nine years after the alleged crime, it involves dozens of witnesses and hundreds of pieces of evidence, and it is one of the first major trials to be held during the pandemic in Colorado.
The following questions and answers explore some of the nuances at play in the judicial process. Rob McCallum, a court spokesman, tells The Durango Herald that planning for Redwine’s trial began pre-COVID-19.
DH: What were those early days like?
McCallum: That was before COVID. We were planning for a trial which would have lots of people around. Under the Victims’ Rights Act, we always accommodate for as many seats in the courtroom. Same thing for the defendant. If the defendant has family members or supporters, we make accommodations for them. (Court records show the trial has been rescheduled 10 times in the last four years.)
DH: During the second day of trial, it was revealed one juror may need to wear sunglasses inside the courtroom because of the bright lights. District Judge Jeffrey Wilson addressed the juror, telling him, “If you need to put on your sunglasses, that’s fine.” But he said a better option might be turning off a bank of overhead lights to eliminate the glare. A deputy flips the switch, a section of the courtroom goes dark, and the judge polls the jury to make sure others can see and read OK. Wilson then comments to the juror, “That way we’ll know you’re awake,” and chuckles.
We don’t know why this particular juror may have needed sunglasses, but assuming he wears them inside because of a condition that affects his eyesight, hypothetically, what kinds of accommodations are you responsible for when it comes to juror comfort when there’s a disability involved?
McCallum: (McCallum spoke generally, saying he can’t comment about any specific juror.) Anyone who comes into a courtroom for jury service, if they had an ADA (Americans with Disabilities Act) accommodation that needed to be addressed, we always make the steps necessary if that person is ultimately selected as a juror.
DH: Is there an actual concern, during long trials, that jurors may nod off during some of the most mundane testimony?
McCallum: Let’s look back at the Aurora theater shooting trial. Those were long days. How many hours of testimony did we see on videotape of the psychological evaluations? It was dark in the courtroom. Whether it’s those circumstances, or whether lights are on and we’re working through testimony, the judge and judicial staff always keep an eye on all of the jurors to make sure that they’re focused and paying attention. We look for any signs that a juror may need something like a bathroom break. People are always paying attention to the jury in the courtroom.
DH: Are the jurors in the Redwine trial free to go home at night?
McCallum: They are not sequestered. They go home at the end of the day with an advisement not to discuss the case. They are also advised to stay away from media reports and social media.
DH: The defendant, Mark Redwine, is dressed in a suit and tie every day in court. Who pays for his clothing?
McCallum: Mr. Redwine is being represented by the state public defender’s office. Of course, the court has to grant the ability of the defendant to wear civilian clothing during trial. I’ve never seen a judge refuse that request. In these instances, one of two things would happen. The public defender would pay for clothing for the defendant, a variety of change of clothes, for instance a couple of shirts and suits. And then alternatively, a family member or supporter from Mr. Redwine’s side could bring clothing for him as well to give to the public defender, who would bring it into the jail. Ultimately, the sheriff’s office, the jailers, would dress him out for court.
DH: Boulder District Attorney Michael Dougherty and his colleague, Boulder Deputy District Attorney Fred Johnson, are helping prosecute the case, on loan to the 6th Judicial District (which includes La Plata County) from the 20th Judicial District. What’s the reason for the judicial musical chairs? The Jefferson County District Attorney’s Office also sent a prosecutor, and former Boulder police Detective Chuck Heidel was involved in the case as well. In fact, Heidel has been called to the stand to testify about findings in the Redwine investigation so many times, 6th Judicial District Attorney Christian Champagne joked that Heidel was a “frequent-flyer witness.”
Is it common for larger jurisdictions like Boulder County to send prosecutors to more rural judicial districts that don’t have the same level of staffing and expertise, to help out on cases?
McCallum: Everybody needs to be commended for doing a great job in bringing the resources necessary to the courtroom in order to make this trial happen in a virtual, semi-virtual as well as in-person trial to do so in a safe and healthy manner. We hope to see this through to early August and the jury should get the case by then. That’s what we’re looking at for now.
And finally, the trial can be viewed from anywhere via WebEx and there’s an option for a phone dial-in. For in-person viewing, much of the courtroom is reserved for the victim’s family members. Twenty seats are being kept open for the public, including the press. So far, McCallum reports there have been plenty of open spots; however, the wooden benches must be unforgiving. At one point Thursday afternoon, Judge Wilson offered cushions to those who needed them.
On Friday, the trial ended early for a three-day holiday weekend. The judge, jury and attorneys may need it: Before leaving for the day, Wilson told jurors to have a nice Thanksgiving. Several people chuckled. “My mouth doesn’t catch up with my brain, or the other way around,” the judge said, correcting himself.
The trial resumes at 8 a.m. Tuesday.
