WALSENBURG, Colo. (AP) — Lee Grace Dougherty has lost her bid to have her case dismissed and to hold law enforcement in contempt for comments made to the media.

Dougherty’s public defender Patrick McCarville argued that comments made by the Walsenburg chief of police, the chief of the Colorado State Patrol and an assistant Colorado Bureau of Investigation director violated a gag order issued in the case. McCarville also argued that the comments present a clear and present danger to Dougherty’s right to a fair trial.

Chief District Judge Claude Appel ruled that factual statements made by law enforcement did not violate the gag order and denied her motion to dismiss.

Dougherty and her brothers, Dylan Stanley and Ryan, were captured in Colorado Aug. 10 after a nationwide search. The Pueblo Chieftain reports Lee Grace Dougherty appeared in court Monday.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

  1. Ivory says:

    When the behavior of law enforcement in any form,is at issue one cannot expect any modicom of a just decision by any Colorado Judge. Only when the media gets involved and injustices are exposed do we even find out about these type of situations.

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