Sterns offered to pay $20,000 for deaths

ALAMOSA — The status of a prisoner who offered $20,000 for the death of his 6-year-old daughter, his ex-wife, and his ex-wife’s husband will be decided August 16.

Kevin Edward Sterns, now 40, was in the Fremont Department of Corrections in Cannon City serving 18 months on harassment and stalking charges when he tried to get a fellow inmate to kill the three people. The names of the intended victims are being withheld to protect the identity of the young child.

Sterns was initially charged with two counts of criminal attempted murder in the first degree (after deliberations); and one count of criminal attempted murder in the first degree - child under 12 - position of trust, all class two felonies. These charges were amended to three counts of solicitation to commit murder in the first degree.

On March 22 a plea of convenience was agreed upon. The amended charges were dropped and two new charges were added: Attempt to commit murder in the second degree (a class three felony) and a sentence enhancing charge of crime of violence-deadly weapon.

The presumptive sentence range was 4-12 years in the Colorado Department of Corrections with five years of mandatory parole.

On April 7 Stern’s attorney, Barbara Zollars, filed a motion stating her client wished to withdraw his plea.

Stern’s reasons were 1) insufficient evidence to convict him at trial; 2) ineffective representation by his attorney because there is an agreement in the plea that Zollars cannot argue for less than 12 years; 3) no deadly weapon was involved so no factual basis exists for the sentence enhancer of “crime of violence-deadly weapon included as part of the plea of convenience;” and 4) he was under the impression that if he pled guilty he would be allowed to write to his daughter.

District Judge Martin Gonzales appointed attorney Peter Comar as the alternate defense counsel to represent Sterns in the matter of the withdrawal of his plea agreement.

Comar, appearing in court with Sterns yesterday, asked the court for more time so he could review two evaluations performed on Sterns: A 2007 psychiatric evaluation, and a 2009 diagnostic evaluation completed by the Department of Corrections.

Sterns has to sign releases to allow Comar to retrieve and view the documents.

Comar advised the court that he could not properly advise Sterns on whether he should refute his plea agreement without seeing the two evaluations.

Comar and Deputy District Attorney Dan McIntyre will be in court for a status hearing at 1:30 p.m. on August 16.