Twelve-year-old Austin Sadvar's attorney filed a motion to appoint a special prosecutor in the boy's disorderly conduct trial Friday, citing state statutes on fair trial laws.
But earlier in the week, Bonnie Roesink, 14th Judicial Circuit district attorney, turned the case over to a deputy district attorney, Amy Fitch.
The change in prosecutors wouldn't make much of a difference, said Austin's mother, Nancy Sadvar.
"Amy still works for Bonnie," she said.
Fitch was the prosecutor of the case until Roesink took it over. Roesink did not return calls to explain why she no longer is prosecuting the case.
In the motion to appoint a special prosecutor, Austin's attorney, Kristopher Hammond, cited state statute that states a district attorney can be disqualified from a case if the attorney has a personal or financial interest in the case or would render it unlikely for the defendant to get a fair trial.
"That's the legal underpinnings of the motion. However I don't want to get into the details of my motion," Hammond said.
Austin is being prosecuted for disorderly conduct in connection with a fight he had with a Mexican student when both children were in sixth grade. After the fight, police recommended Sadvar be prosecuted for ethnic intimidation and assault. The district attorney has dropped those charges.
Nancy Sadvar said she has had concerns about Roesink's impartiality since her first and only meeting with the district attorney. She said she felt Roesink was trying to intimidate the family into accepting an offer of a diversion sentence in the case.
The case has garnered statewide attention since Austin pleaded innocent to assault and disorderly conduct charges in September. Sadvar's case has received coverage in both Denver newspapers, as well as on Denver radio stations. But Austin is doing "fine," his mother said.
"He's handling it as maturely and appropriately as a 12-year-old kid can," she said.
Austin has been suffering frequent migraine headaches, and he's had several "meltdowns," she said.
"He feels he can't make a move for fear of being sent to jail," she said.
The district attorney has filed a restraining order to keep Austin away from one of the witnesses to the fight, Nancy said. The student is Austin's friend, and both children are having difficulty understanding why they can't see each other, she said.
The trial is scheduled for Nov. 15.
Rob Gebhart can be reached at 824-7031 or firstname.lastname@example.org.