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Hearing postponed for Evergreen couple

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Woman’s eligibility for public defender at issue in fraud case

By Vicky Gits

A judge postponed a status conference for Evergreen residents Ken Berry and Anne Wakeford Berry on Monday after it was revealed that Anne Berry did not qualify for public-defender representation because she is not indigent.

Bridget Klauber of the state public defender’s office in Golden said Anne Berry is contesting the decision.

District Judge M.J. Menendez ordered a hearing on Anne Berry’s application for a public defender on April 15 at 1:30 p.m. at the Jefferson County courthouse.

Ken Berry has retained private attorney John Tinder for his defense. He also appeared in court with his attorney, who asked that the proceedings be continued until Wednesday in order to keep the cases together.

In February, the Colorado attorney general’s office charged Anne Berry and Ken Berry of Evergreen with 11 counts of securities fraud in connection with selling shares of stock in a company called Biotech Information Systems Inc.

Ken Berry is alleged to have illegally obtained money from eight people, each of whom invested about $10,000 between Nov. 17, 2006, and May 15, 2008, according to the complaint filed in Jefferson County District Court on Feb. 18.

One of the alleged victims, Garry Johnson of Arvada, said Ken Berry promised him a full-time job and other perks if he would invest in Biotech Information Systems, but a real company never materialized.

Berry was arrested at his residence on Bear Mountain in February. He was taken to jail and released on $150,000 bond.