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Neagle gets 40 hours in deal

Ex-Rockies pitcher caught with hooker

Sue Lindsay, Rocky Mountain News

Published January 26, 2006 at midnight

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Former Colorado Rockies pitcher Denny Neagle will serve 40 hours of community service for his involvement with a prostitute - the result of an impromptu plea hearing that occurred without him appearing in court.

Defense attorney Harvey Steinberg entered the plea on Neagle's behalf Tuesday afternoon in Jefferson County Court immediately after reaching a plea bargain with the district attorney's office.

Despite the objections of prosecutors, Jefferson County Judge Roy Olson accepted the plea to a petty offense and imposed sentence without Neagle present.

"We felt Mr. Neagle should be here to accept responsibility on the record as well as participate in the sentencing hearing," Jefferson County District Attorney Scott Storey said.

Neagle, 37, pleaded guilty to a petty offense of patronizing a prostitute and was sentenced to 40 hours of community service.

The maximum sentence for the charge is up to six months in jail and a $500 fine.

The multimillion-dollar pitcher had been charged with solicitation of a prostitute, a misdemeanor. The charge carries the same possible sentence.

Neagle agreed to waive his appearance.

Steinberg argued that Neagle, who no longer lives in Colorado and no longer plays professional baseball, shouldn't have to come back to Golden to resolve the case.

Legal experts said that, despite appearances, this isn't a convenience reserved just for sports figures or others with high-powered attorneys.

Colorado Rules of Criminal Procedure provide that pleas and sentences in some misdemeanor or petty offenses may be entered without the defendant being present.

"It's pretty standard operating procedures for people who live out of state and who are charged with relatively minor offenses," said Denver defense attorney Scott Robinson.

He said it's common practice not only for petty municipal offenses but sometimes in DUI cases in which the defendant lives in another state.

"The rules provide for this," Storey said. "It's unusual, but not unheard of. It most frequently happens in cases involving petty offenses or traffic tickets where it doesn't make sense for a defendant who doesn't live here to have to come back here to go to court."

"However, in this case, we objected," he said. "But the judge permitted it to go forward.

"Our objection was duly noted but overruled."

Judge Olson couldn't be reached for comment Wednesday afternoon.

Steinberg said he and Neagle were "happy with the way the case was resolved."

Neagle was arrested Dec. 3, 2004, after Lakewood police stopped him for speeding near West Colfax Avenue and Ames Street.

Police noticed that Neagle had his belt unbuckled and began questioning a female passenger, Jill Russell, who told them she had performed oral sex on Neagle for $40.

Russell later pleaded guilty to prostitution.

Last week, the judge ruled that Neagle's statement to police that "he was being stupid" for looking for someone to perform a sex act couldn't be used against him in a trial.

The judge ruled that Neagle should have been read his rights before being questioned about the prostitution allegation because he technically was in police custody on the traffic stop at the time.

Neagle's trial was set for Monday in Jefferson County Court.

The Rockies voided Neagle's five-year, $51 million contract three days after his arrest under a personal conduct clause. The team cited morals issues.

Neagle filed a grievance, saying the team owed him $19 million. The sides later reached a settlement in which the Rockies were freed from $3 million of their commitment.

Neagle signed with the Tampa Bay Devil Rays in February 2005, but he was released in March.

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Comments

  • October 27, 2008

    10:23 a.m.

    Suggest removal

    NOJUSTICEINJEFFCO writes:

    This is odd... Judge Roy Olson must be partial to these situations. I saw him give a first time offender for criminal mischief a sentence of 5 days in jail, 2 years probation and 60 days in home detention. I witnessed this judge being Biased by lies from the Jefferson County probation department. IS THERE JUSTICE IN JEFFERSON COUNTY????

    PLEASE VOTE THIS JUDGE OUT. He is not partial and is biased by disinformation.