ALAMOSA — Mari Felix was in court on Thursday for a “first appearance,” but the hearing was continued after her attorney, Michael Martin, informed the court he had not received all the “discovery” from the District Attorney’s office, referencing the pre-trial process where each party can obtain evidence from the opposing counsel.

Martin said he had received files from the DA but was unable to open them. Without the evidence he’s requested, he said he is unable to proceed in preparing for the case, including preparation for any conversation that might take place with the DA about a potential disposition.

Joe Hensley, prosecutor who is sitting in for District Attorney Anne Kelly, said Martin would be provided with the evidence as soon as possible.

Felix, who was appointed to serve as Alamosa County Clerk and Recorder in July of 2022 and won the election that followed a few months later, has been charged with a single count of accessory to a crime, a class five felony. The allegations against Felix are in connection to a case involving her husband, Martin Felix-Lopez, who is facing four felony charges, including sexual assault of a child by one in a position of trust, sexual assault, unlawful sexual contact, and child abuse.  

Although Judge Crista Newmyer-Olsen bound the case over to district court for prosecution, Felix has yet to enter a plea.

In December of 2023, a child in the Felix-Lopez family reported to a school counselor multiple incidents as the victim of sexual abuse over a period of several years, prompting a call to the Alamosa County Sheriff’s Office. The deputy immediately instigated an investigation into the incident and, on the afternoon of the next day, Felix was arrested as she was leaving work. Her husband was taken into custody on the same day.

Allegations against Felix initially included her being complicit in the crime, a more serious felony, but Kelly ultimately reduced the charge to a single count of accessory, a less serious offense.

As stated in documents obtained from the court, “Between May 1, 2023, and Dec. 21, 2023, Mari Felix unlawfully and feloniously rendered assistance to Martin Felix-Lopez, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of Martin Felix-Lopez for the commission of a crime, knowing that person committed the crime of sexual assault of a child by one in a position of trust/pattern, C.R.S., a class 3, 5, or 5 felony; in violation of section 18-8-105(1),(5), C.R.S.”

Felix’s next hearing in court is scheduled for May 9. Martin assured the court that the delay would provide ample time for him to be prepared.

Thursday was the second time that Martin had brought up the possibility of reaching a resolution with the DA in Felix’s case. When questioned by the Valley Courier if she was considering a plea deal, Kelly was non-committal, only saying, “I never rule that out in any case.”

According to Colorado statutes, the presumptive range of sentencing if convicted of a class five felony is one to three years in prison, and/or a fine of $1,000 to $100,000 plus two years of mandatory parole.