Craig Daily Press

Craig — A Moffat County District Court judge overturned a Craig man’s assault conviction Tuesday afternoon and ordered he receive a new trial.

In August, Steve Tamlin, 41, was found guilty of assault and a crime of violence sentence enhancer, charges that stemmed from an alleged incident in August 2007 at the Moffat County Jail. The penalties carry a mandatory Department of Corrections sentence.

He was scheduled for a sentencing hearing Tuesday, however, Michael O’Hara, chief judge of the 14th Judicial District, agreed with a defense request for a new trial based on a violation of discovery rules.

The judge ruled there was “not an intentional withholding of evidence” by the 14th Judicial District Attorney’s Office, but that Tamlin’s rights had been violated and a new trial is warranted.

The judge did not grant a defense request to dismiss the charges.

“Court rules require the prosecution to disclose all police reports generated during an investigation,” Tamlin’s attorney, Adam Mayo, of Steamboat Springs, said in a written statement. “In Mr. Tamlin’s case, the prosecution failed to disclose reports that indicated another inmate was responsible for the alleged assault.

“As a sanction, the court ordered a new trial so that Mr. Tamlin could utilize the previously undisclosed information. While he accepts the court’s ruling, Mr. Tamlin felt that dismissal would have been a more appropriate sanction for withholding exonerable evidence.”

Jeremy Snow, deputy district attorney for the 14th Judicial District, responded to Mayo’s comments.

“The court’s ruling stemmed from the fact that a report written was not discovered to the defense prior to trial due to a breakdown in internal communications between law enforcement agencies,” Snow said in a written statement. “The court specifically found that there were no willful or ill-intentional actions by either the prosecution or law enforcement agencies with regards to this report.

“While the District Attorney’s Office strongly disagrees with Mr. Tamlin’s characterization of the contents of that report, we are under an ethical obligation, as are all attorneys, not to make statements to the press about the facts of a case which may affect future court proceedings. Because this may ultimately be retried, we cannot, at this time, comment on the information contained within the report.”

The case has been continued to July 29 for further plea discussions, according to court records.

Tamlin, who court records indicate has an extensive criminal record dating back to at least 1991, did not appear for a reading of the jury’s verdict in August and a bench warrant was issued for his arrest.

He was found days later in Evanston, Wyo. — a town in the far southwest corner of Wyoming, approximately 273 miles from Craig — near the Wyoming-Utah border and returned to Moffat County.

The court ordered Tuesday that Tamlin be released on a $5,000 personal recognizance bond, that he not leave the state without permission and notify the court of a change in mailing address.