Woman to Pay for Destroying Controversial Print
This case has finally gone to court, and will justice be served? You tell me....9News writes;
A restitution hearing scheduled for Friday in the case of the woman who smashed an art display in the Loveland Museum/Gallery took place unexpectedly last week after scheduling adjustments, court authorities said Tuesday.
The hearing in the case of Kathleen Folden, a 47-year-old Montana-based truck driver who destroyed a lithograph print by artist Enrique Chagoya, was set to determine the amount of money Folden owes victims in the case.
According to court officials, witnesses testified and the case's attorneys made arguments during the Feb. 16 hearing, but the final decision about how much Folden owes will be decided by Judge Thomas French and released in a written statement.
In a Feb. 15 legal brief filed by Folden's attorneys, Cliff Stricklin and Derek Samuelson, the defense argues that the $6,748.74 the prosecution requested Folden pay is too much.
The total amount, should Folden have to pay it, would be divided. $5,225 would go to the Colorado Intergovernmental Risk Sharing Agency that paid Bud Shark, the lithograph's owner, and $1,523.74 would go to the city of Loveland for counseling costs and staff time.
Folden pleaded guilty to criminal mischief, a Class 1 misdemeanor, last fall.
The brief states that in October 2010, Bud Shark - a print maker who lives in Lyons - filed a victim impact statement requesting $5,225 for the print and its frame. When CIRSA paid him that amount, he could no longer request restitution from the court.
Stricklin and Samuelson claim in the brief that CIRSA did not do enough research about the fair market value of a lithograph like "The Misadventures of the Romantic Cannibals" - which Folden ripped to pieces after smashing its Plexiglas case with a crowbar on Oct. 6.
The defense's brief provides information about sales of other lithograph prints by Chagoya and Shark's sales of "The Misadventures of the Romantic Cannibals" to buyers across the country.
Chagoya's prints average $691, and Shark's sales of the piece in question averaged $1,667.37, according to the brief.
"Even if the court were to consider Mr. Shark's own estimate of the print, it is clear that even he cannot justify the $3,400 estimate," the brief states. The price of $3,400 was Shark's estimate of the cost of the print, with the frame costing an additional $1,825.
"Mr. Shark has sought profit on his loss, and CIRSA simply paid out this inflated amount without ever having attempted to verify the estimate," the brief states.
Stricklin and Samuelson also make several statements in the brief about the illegitimacy of claiming compensation for counseling in a matter involving property damage and asked the court to dismiss such requests.
Deputy District Attorney Josh Lehman, who prosecuted the case, did not file a brief before last week's hearing, said court spokeswoman Linda Jensen.
Lehman questioned witnesses during the hearing, but no further information was available, Jensen said.
French has 10 days after the hearing to file his written response, Jensen said.