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A felony case against a Basalt man accused of having sexual contact with a 4-year-old girl when he was a supervisor at a day-care center was dropped Tuesday after the 9th Judicial District Attorney’s Office filed a motion to dismiss the last remaining charge.
A district judge ruled favorably on the motion to dismiss a charge of sexual assault on a child by one in a position of trust. With a conviction, the class 3 felony carried a presumptive state prison sentence of four to 12 years, a probation term ranging from 20 years to lifetime, and a 20-year minimum on the Colorado Bureau of Investigation’s sex offender registry.
Recently filed motions in the case were not immediately available on Tuesday.
In a statement provided to the Aspen Daily News, District Attorney Jeff Cheney said he determined the prosecution’s case was not strong enough to convince a jury of defendant Christopher Tedstone’s guilt.
A jury trial scheduled Oct. 29 through Nov. 13 would have been the second one for the same charge against Tedstone; a March jury trial ended when Pitkin County District Judge Chris Seldin declared a mistrial before the defense had presented its case.
“After personally reviewing the entire case file and the transcripts of trial testimony of all witnesses from the previous trial which ended up as a mistrial, and after considering all the evidence which may possibly be admitted at a future trial,” Cheney’s statement said. “I concluded that the prosecution could not prove all elements of the crimes charged ‘beyond a reasonable doubt.’”
The statement continued: “Under the high burden of evidentiary proof which again is ‘proof beyond a reasonable doubt,’ I concluded that the prosecution did not have a reasonable probability of conviction at a future trial. After reaching this conclusion, I respectfully informed the appropriate people related to the case. Thereafter, the prosecution filed a motion to dismiss the charges.”
Lawyer Nicholas James represented Tedstone, 43, at the March trial, which ended after Seldin determined that questions the prosecution posed to a forensic psychologist testifying were out of line. The psychologist was recounting interviews conducted with a girl who alleged Tedstone had inappropriately touched her on a single event that occurred sometime between Aug. 1, 2021, and July 20, 2022.
“Unfortunately, the prosecution caused a mistrial when they asked improper questions they agreed not to ask before trial,” said James, who is with the Aspen law firm Kalamaya Goscha, in a prepared statement. “This was frustrating, as we were confident Chris would be acquitted.”
The girl also testified at the trial and could not positively identify the suspect. Her testimony was key to the case of the prosecution, which had no physical evidence incriminating Tedstone. She also was testifying roughly two years after she alleged the incident occurred.
“Chris is innocent,” said James, who is with the Aspen law firm Kalamaya Goscha, in a prepared statement. “We are impressed by the grace and courage displayed by him and his family throughout this very trying experience. It takes an incredible amount of strength to stand tall in the face of a potential life sentence and be accused of something truly heinous.”
Following the mistrial earlier this year, James filed a motion asking the court to not allow the girl to testify at the second trial, arguing that she “was unable to identify Mr. Tedstone during trial despite the coercive circumstances of in-court identification procedures. The defense is concerned that the prosecution may now try to resolve (to) identify through even more coercive and unreliable circumstances. Mr. Tedstone would object to any further identification procedures.”
Tedstone worked at the preschool from late 2019 until his termination in July 2022. Authorities had alleged that a girl said Tedstone inappropriately touched her when she was four years old during a single event on a date sometime between Aug. 1, 2021, and July 20, 2022. Basalt police arrested Tedstone in December 2022; he has been out of jail on a $50,000 bond. At the time of his arrest, Tedstone faced three charges connected to more than one victim; but he was charged and tried on a single count at the March trial.
At trial, James told the jury Tedstone was singled out from the onset of the investigation that began in the summer of 2022 when the Basalt Police Department responded to complaints from two parents at the preschool, located in middle Roaring Fork Valley.
“In this case, the police responded to emotional, sensational allegations rather than taking a step back,” James said during opening arguments, and he argued that the prosecution built its “case on the shoulders of (the girl).”
James struck a different tone Tuesday when the case was officially dismissed.
“We are thankful the prosecution listened to the people they represent and Chris finally got justice,” his statement said. “Chris and his family look forward to putting this behind them and rebuilding their lives.”