Fossum on trial for drug, DUI charges

Fossum on trial for drug, DUI charges

May 22, 2001

By Aspen C. Emmett
Journal Staff Writer

The jury trial of former Cortez city attorney Cliff Fossum on charges including drug use and driving under the influence got under way Monday in district court with an opening statement from the prosecution and testimony from the first of its witnesses.

Accused of felony use of cocaine and three lesser offenses — driving under the influence (drugs and/or alcohol), careless driving and driving under revocation — stemming from a one-car accident on March 6, 2000, Fossum has pleaded not guilty to the charges.

According to the Colorado State Patrol accident report, Fossum was eastbound on U.S. Highway 160 on Mancos Hill when his car ran off the right side of the road, collided three times with the guardrail, and spun 2 1/2 times before coming to a rest.

Following the incident Fossum took a urinalysis test but the results have not been made public.

In a statement to the Journal last May, Fossum said the prosecution would not be able to prove the case and that he was unjustly accused.

"Over 25 years, having been involved in politics, I have developed quite a list of enemies or people that, for one reason or the other, don’t have the same outlook on the way in which I handle some of these attorney businesses — so it doesn’t surprise me that they are taking this position," Fossum said.

The jury of three men and 10 women is expected to hear ltestimony lasting late into the week.

Upon the filing of charges last year, Fossum reportedly withdrew from representing his public clients, including the city of Cortez.

If found guilty of the Class 5 felony, Fossum could face up to three years in jail and $100,000 in fines.

In May 1998, Fossum was also charged with leaving the scene of a one-car accident on County Road 30 three miles south of Colorado Highway 184. However, the case was dismissed after the investigating officer moved out of state and was not available to testify. Fossum had pleaded not guilty to the charge. It is not known whether drugs or alcohol were a factor.

According to the 1998 report, Fossum was cited three days following the alleged incident and told the officer, "I was just going to let it go and not report it."