A Cortez man convicted in his baby’s death will remain in custody on a no-bond hold pending a revocation hearing next week.
Appearing via telephone at a hearing on Tuesday, Aug. 11, public defender Kenneth Pace asked that his client, Dylan Kuhn, 22, be released on a personal recognizance bond. Pace said Kuhn violated his probation only after he was stabbed and became addicted to opiates.
District Attorney Will Furse objected, stating Kuhn not only tested positive for meth and opiates, but he also missed scheduled probation appointments, skipped planned drug and alcohol tests and failed to engage in ordered counseling. The alleged violations were filed by probation officials in June.
Chief District Court Judge Doug Walker rejected any bond modification last week, saying Kuhn not only failed to appear for a revocation hearing in July, but that he also was also taken into custody only after being located by authorities.
Convicted of manslaughter in the death of his 6-month-old daughter Sailor Serenity Raine Kuhn, he had been charged with manslaughter and child abuse after slamming her onto a bed on Nov. 1, 2011. Injuries from the incident resulted in the child’s death.
He pleaded guilty to reckless manslaughter in 2012, and was sentenced to 90 days in jail and four years of probation. A media firestorm erupted as international pundits and bloggers criticized the court’s punishment.
At Tuesday’s hearing, Pace also advised that he wasn’t prepared to proceed with the scheduled revocation hearing. Walker then advised Kuhn that he could continue without an attorney or waive his right to a speedy hearing.
“You have to choose,” Walker told Kuhn.
“Can I speak to (Pace) today?” Kuhn asked.
Walker immediately cleared the courtroom, allowing Kuhn and Pace to discuss the options via a courtroom speakerphone. The conversation wasn’t completely confidential; however, as Walker instructed deputies to remain in the courtroom.
Tuesday’s hearing was ultimately postponed until 3 p.m. on Tuesday, Aug. 18.