Scott family elated with court decision |

Scott family elated with court decision

Brandon Johnson

The family of Rose Scott on Friday applauded a judge’s decision to deny Scott’s killer an unconditional release.

Judge Michael O’Hara on Thursday rejected John Pogline’s request for an unconditional release after eight hours of testimony in Steamboat Springs.

In 1985, Pogline, who suffers from paranoid schizophrenia, stabbed Scott in the heart. He spent 10 years in the state mental hospital. He’s been on conditional release since 1996.

Unconditional release would have meant Pogline, 41, would not be required to take medication or see a therapist — though he said he would continue treatment if granted the release.

Mary Martin, Scott’s granddaughter, said she would rather see Pogline behind bars but was happy with the judge’s decision.

“It made my day,” Martin said from her home in Denver.

A psychiatrist testified that Pogline wanted unconditional release to show he would take medication and go to therapy on his own volition.

But Martin said there was no reason to grant Pogline an unconditional release after what he did to her grandmother.

“He is a murderer, he always will be,” she said.

Martin wants the state’s insanity laws changed, she said.

When doctors deemed Pog-line well enough to leave the Colorado Mental Health Institute in Pueblo in 1996, he should have been tried in criminal court and sent to prison, Martin said.

“I don’t think he served the time that was justified,” she said.

Martin said she plans to lobby politicians to have the state’s insanity laws changed so people such as Pogline go to jail instead of being released, she said. Jim Scott, Rose Scott’s son, also commended the judge’s decision.

“I’m delighted that it turned out the way it did,” he said.

Scott, who lives on the Front Range, had been in contact with prosecutors for the past few months, letting them know how the family felt about Pogline’s potential release from supervision.

Scott said he considered attending the hearing but decided his presence wouldn’t help.

In making his decision, the judge said he was concerned about the risk to the public if Pogline were set free without conditions.

Scott agreed with the judge, saying Pogline would be a danger if he were granted an unconditional release.

“I don’t think he should be out on the street,” he said.

Pogline’s attorney, at the hearing, said she planned to appeal the judge’s decision.

Martin and Scott said they would oppose an appeal.

Brandon Johansson can be reached at 824-7031, ext. 213, or

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