Kenneth Herbert Botham Jr., charged with four counts of first degree murder, will return to Mesa County Court Thursday afternoon, to indicate whether he wants a preliminary hearing for probable cause.
Meanwhile, information filed on his financial assets tends to indicate that he is not eligible to be represented by the public defender’s office, which takes care of indigent defendants.
Judge Harold Moss has given him until next Monday afternoon to “make a good faith effort to get a private attorney.” The judge said today that Botham has been given a chance to get private counsel, and he declined to comment on whether court-appointed counsel might be named.
If Botham asks for a preliminary hearing Thursday and does not have a lawyer, it is expected that the date for the hearing will not be set until Monday. He is scheduled for a return to court Monday afternoon with a lawyer.