Court Record · Transcript

Transcript: Tyler Boebert Advisement Hearing

The court advises Tyler Boebert of his rights and enters a mandatory protection order. Glenwood Springs, Colorado.

Note: This is a transcript of a recorded court proceeding, prepared by American Muckrakers and lightly cleaned for readability. It is not a certified court transcript; where it differs from the official record, the official record controls. The charges referenced are accusations. Tyler Boebert is presumed innocent unless and until proven guilty in a court of law.

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0:00your general constitutional rights. And then really I have to enter a mandatory protection order,
0:05so we'll chat about that and then we'll set your next court date. Okay, if you have any questions and
0:10if I can answer them today without giving you legal advice, I certainly will. All right.
0:14So I will advise you, Mr. Bober, that you do have the following rights. You have the right to remain
0:19silent at all stages of these proceedings, including the proceeding today. Any statement you make
0:25can and may be used against you. Your presumed innocence of the charges against you and the
0:30prosecution must prove your guilt beyond a reasonable doubt before a guilty finding may enter.
0:37You are entitled to be represented by an attorney and to appear and defend yourself in person
0:42and with an attorney at all stages of the proceedings in your case. If you desire the assistance of
0:48counsel and have no money or means to employ one, the court will enter an attorney from the public
0:53defender's office to represent you. If for whatever reason they have a conflict, I would appoint
0:57alternate defense counsel to represent you. You have the right to reasonable continuances to
1:03obtain the assistance of an attorney. You are entitled to a speedy and public trial. At the trial,
1:09you have the right to confront the witnesses against you to cross examine them and to require the
1:13appearances of witnesses on your behalf to present your defense. You also have the right to refuse to
1:18testify a trial and to remain silent. If you remain silent and neither the judge nor the prosecution
1:24can suggest that your silence means anything against you, doesn't mean that you're hiding anything.
1:29You may have the right to demand and receive a permit.
1:31Oh, it's makes it clear. I need everybody to make sure that they are remaining on mute please.
1:41You may have the right to demand and receive a preliminary hearing and at that preliminary
1:45hearing the prosecution will have to present evidence to show the existence of probable cause as to
1:49each and every element of the offense charged. Offense is charged. Do you understand those rights, Mr.
1:54Bobert? Yes, I do, ma'am. Okay. I do have to enter, as I mentioned before, a mandatory protection
2:02order. So I think it makes sense to address that now. And I do also need to advise you of the charges
2:08Mr. Bobert and their possible penalties. I don't need you to say anything about them today. Okay.
2:12Today's not the day where you plead guilty, not guilty, anything like that. And in a few minutes,
2:16I will set your case for the next court date. All right. Actually before I do the protection order,
2:22let's go ahead and just do the advice of the charges. I think Mr. Hershey has provided you with an
2:27information with the charging document. I'm just going to review those charges and the possible penalties.
2:34I'm just going to give, so you can read a lot. Sure, that's fine.
2:37One is sexual exploitation of a child, a class three felony. It alleges that between and including January
2:481st, 2024 in February 29th, 2024 that you knowingly caused induced and enticed a child to engage in
2:58or be used for any explicit sexual conduct for the making of any sexually exploitative material.
3:05This offense carries possible penalties between four and 12 years and the Department of Corrections.
3:10If there is a Department of Corrections sentence, there's a mandatory period of three years of parole,
3:16a potential fine of $3,750,000. And if convicted, you would be required to register as a sex offender,
3:24pursuing to Colorado or by statute 16, 22, 103. Count two, also sexual exploitation of a child,
3:32it's a different subsection, but also a class three felony. The elements alleged that between
3:37and including January 1st, 2024 in February 29th, 2024 that you knowingly possessed with intent to
3:45deal in cell or distribute any sexually exploitative material. This offense carries the same penalties
3:52with it because again, it's a class three felony, okay? And again, if convicted, you would be required
3:57to register as a sex offender, pursuing to that statute. Count three, another sexual exploitation
4:04of a child charge, pursuing to a different subsection of that statute. This is a class four felony,
4:09so the penalties are a bit different. It alleges that between and including January 1st, 2024
4:15in February 29th, 2024 that you knowingly accessed with intent to view, viewed, possessed, or controlled,
4:24any sexually exploitative material for any purpose. Further, you accessed with intent to view,
4:30viewed, possessed, or controlled, a video, videotape or motion picture qualifying as sexually exploitative
4:36material. This offense carries possible penalty between two to six years in the Department of
4:41Corrections and if there is a Department of Corrections sentence, it will be followed by
4:47same period of parole three years and a potential fine of $2,000 to $500,000. And again, if convicted,
4:55you would be required to register as a sex offender. Count four, well, I'll just say count four,
5:04count five are the same charges, contributing to the delinquency of a minor in the first degree
5:11of the third degree. Class four found 2024 and February 29th, 2024 that you induced, aided,
5:19or encouraged a child to violate any state law that is a felony victims rights act crime,
5:25namely sexual exploitation of a child. This offense carries possible penalties two to six years
5:32in the Department of Corrections, a mandatory parole period of three years, potential fine of
5:37$2,000 to $500,000. And count five is again, the same, contributing to the delinquency of a minor
5:43in the first degree, same elements, same possible penalties. Do you understand those charges
5:50and the possible penalties, Mr. Bobard? Yes, I do, Your Honor. Okay, let's then move into the
5:55mandatory protection order. Mr. Hercelino just asked 2024, my review box was 2024, 2424,
6:02that you induced aided or encouraged a child to violate any state law that is a felony.
6:07Not in this case, I don't know if times had a protective order in place before Mr. Bobard has one
6:13your honor, but there was an issue in the Department of Corrections, that is a small worker school,
6:18and you just have to avoid contact, that someone calls your contact, so you may be paid $1,000 to hand a little
6:23further. I'll explain as much as I can and again, Mr. Bobard, I'm happy to answer any questions,
6:28I permissibly can, I can't give you any legal advice, but let's pull up this order here.
6:35And there's two parties protected. There are two protected parties, and I believe you have a copy
6:40of the orders, that right, Mr. Bobard? Correct. Okay, all right, I'm not going to name those two
6:44protected parties at this time, but you can certainly at least see them there. I am going to enter
6:54this order, there are three conditions of it. You must not harass, molest, intimidate,
6:59retaliate against, or tamper with, any witness to or victim of the acts, you're charged with committing.
7:05You must vacate the home of the victims or witnesses, stay away from the home of the victims or
7:10witnesses, and stay away from any other location where the victims or witnesses are likely to be found.
7:15You must refrain from contacting or directly or indirectly communicating with the victims or
7:21witnesses. Those are the conditions of this protection order. Do you understand them, Mr. Bobard?
7:26Yes, Ron. All right, I am going to ask.