Sherry Simmons, a leader of the Montezuma County Patriots, is set to face a jury trial beginning Wednesday at 3 p.m. for third-degree misdemeanor harassment.
She was charged for following a person in public during a verbal confrontation between members of the Montezuma County Patriots and the Justice and Peace group Jan. 2, according to a Cortez Police Department report.
Her trial will continue at 8 a.m. Thursday in Division 1 under Judge JenniLynn Lawrence at Montezuma County Combined Courts.
Simmons will represent herself, according to Montezuma County District Attorney Matt Margeson.
Margeson said he planned to file an objection to The Journal’s request to photograph and take video of the proceedings.
“I do not want to put jurors in a position where they feel uncomfortable about their face being in the newspaper during the trial,” Margeson told The Journal. “The worry is that it could influence them on how they make their decision.”
The Journal publishes in print every Wednesday, but reports news online at the-journal.com daily.
At a hearing Wednesday, Lawrence asked Simmons and Margeson to respond to The Journal’s expanded media request. Margeson asked Lawrence to prohibit the media from taking photos or video of the jury.
Simmons responded that news media should not cover the trial until after it ended.
During a hearing Wednesday, Lawrence granted The Journal’s request to take photos during the trial, but not of the jury. She denied use of video or audio to document the proceedings.
Lawrence issued conditions on media taking photos. No photographs are allowed of members of the jury. No close-up photographs of individuals in the court room are allowed. No photographs are allowed of computer screens or notes being used by courtroom staff, the defense and prosecutors.
Jurors are instructed to not read or watch news reports of the trial, or social media posts about it.
Simmons and five other people were cited with harassment after following Justice and Peace protesters from the intersection of Elm Street and West Main Street to St. Barnabas Episcopal Church at 110 W. North St. about noon Jan. 2.
Other Patriots marchers investigated for harassment – John Teitge Sr., Earl Broderick, John Anselmo, Edward Bracklow and Tiffany Ghere – entered into diversion agreements, Margeson said.
Anselmo is not a member of the Patriots, though he was known to join their protests, the investigating officer wrote in his report.
On Jan. 12, police investigated video footage captured on Justice and Peace leader Raleigh Marmorstein’s cellphone from the incident.
Marmorstein posted the video to her personal Facebook page.
The investigating officer wrote that Justice and Peace group were stationed in the 100 block of West Main Street holding signs in the video footage. Members of the Patriots group then walked to where they were at the intersection of Elm Street and West Main Street.
The officer wrote that he observed some members of the Patriots taunt the Justice and Peace group – one with expletives – and followed them as they began walking to the St. Barnabas Episcopal Church.
Once at the church, the officer observed Justice and Peace members lingering near the doors of the church, while Patriots members remained on the sidewalk for a few minutes before leaving.
In follow-up interviews, Patriots members told the officer that they witnessed a woman with the Justice and Peace Group holding a can of spray.
The officer observed a woman in the video holding wasp spray in her right hand and carrying bear mace near her waist. The officer did not observe her using it on anyone in the video, and did not positively identify her in his report.
Simmons told the officer that the Patriots attempted to keep their rides and walks peaceful and polite, but that emotions could escalate between both groups.
Simmons told the officer that on Jan. 2 the Patriots encountered Cortez Mayor Mike Lavey, who told them he was out for a walk, according to a report. Simmons said they questioned Lavey about picking sides, and he responded that he was not with either group. She told the officer the conversation was peaceful.
Lavey contacted the officer with concerns about the Jan. 2 incident. He told the officer that he observed armed Patriots follow Justice and Peace members from Main Street to the church, but did not see them menace or threaten anyone. He said he saw some Justice and Peace members crying and shaky, and made sure they got to their cars safely, the report said.
Lavey told the officer that he wanted to remain neutral and ensure public safety and constitutional rights for both groups, the report said.
Lavey told the officer the Patriots then approached him after leaving the church, and called him names like “communist,” “socialist,” “traitor” and “a disgrace to our community.”
Lavey told the officer he listened to them but did not respond.
Simmons’ husband, Clint Simmons, is set to appear in court Jan. 6 on two felony and two misdemeanor charges after shooting fugitive Freedom Anderson of Durango during a struggle in Cortez.
Journal reporter Jim Mimiaga contributed to this article.
