Former Manitou Springs teacher accused of sexual assault makes first appearance in court since mistrial

Zachary Dupont, The Gazette (Colorado Springs, Colo.)
·3 min read
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Feb. 28—The judge presiding over the case of Matthew Barton, a former Manitou Springs High School teacher and soccer coach accused of sexually assaulting a 16-year-old student over 10 years ago, has filed a request to recuse herself from the trial because of a friendship she has with one of Barton's defense attorneys.

Who the new judge will be was not decided Tuesday, when Barton appeared in court for a status conference. But Judge Diana May said it "would make sense" to give the case back to Judge Eric Bentley, who presided over Barton's first trial, which ended in a hung jury in November.

Barton is scheduled to go to trial for the second time on May 8. Cindy Hyatt, one of Barton's defense attorneys, said the jury in the first trial was split 8-4, with the majority favoring a not guilty verdict.

At Tuesday's status conference, attorneys discussed a request from the prosecution to view evidence that is not public record. Hyatt argued to May that a motion must be filed by the prosecution to view the records in question, while prosecuting attorney Jessica McCarville argued no such motion needs to be filed.

Neither attorney mentioned what the records are, but McCarville mentioned it being "relevant" to counter expected testimony from the defense about how Barton was a great teacher and coach while at Manitou Springs High School. McCarville mentioned that the defense has over 100 witnesses listed — mostly former students and co-workers — to testify to Barton's character in the upcoming second trial.

The documents in question are from the Woodland Park School District, May said.

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May was unable to give a ruling on the request because she intends to relinquish the case to another judge.

At Barton's first trial, the jury heard testimony from Barton's accuser, who said she and Barton had sex at least once a week starting in 2009 — when she was 16 years old — and continuing until she graduated from high school.

Hyatt argued at trial that the jury should not trust the accuser's testimony, and that all evidence presented by the prosecution didn't prove Barton and the accuser had sex.

Barton, who was 53 years old when testimony began in his first trial, is scheduled to appear in court May 2 for a pre-trial readiness conference. But May mentioned that the new judge might set an additional status conference between now and May 2.

Barton remains out of custody after posting an $80,000 bond the day of his arrest on Jan. 11, 2022.

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