Trial set for July in Berry case

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Anne Berry asks court for separate trial

By Vicky Gits

A trial rather than a plea bargain appears to be in store in the case of Ken Berry and his wife, Anne Wakeford Berry, an Evergreen couple accused of securities fraud.

A judge has set a trial date in July for the couple, who now have separate attorneys, although they appeared together in Jefferson County District Court on Feb. 16.

Anne Berry’s attorneys, Matthew Margeson and Jeremy Reed of Margeson and Reed of Denver, filed a motion asking the court to separate the trials instead of holding them concurrently. Margeson and Reed joined the case in September.

At the arraignment Feb. 16, Judge Tamara Russell set a hearing on the motion at April 14 at 1 p.m. A trial was set to begin in Jefferson County District Court on July 12.

The state attorney general has charged Ken Berry with 10 counts of securities fraud and Anne Berry with one count of securities fraud and one count of theft of more than $15,000 and two counts of theft of more than $20,000.

Anne Berry, 48, originally tried to qualify for a public defender, and the case was delayed until Margeson and Reed stepped in.

Ken Berry, 66, is alleged to have illegally obtained money from eight people, each of whom invested about $10,000 in his company, Biotech Information Systems, between Nov. 17, 2006, and May 15, 2008, according to the complaint filed in Jefferson County District Court on Feb. 18. Ken Berry was the president and Anne Berry was listed as the secretary-treasurer of Biotech Info Systems.

The complaint states the Berrys failed to disclose material facts, such as the money would be used for the Berrys’ personal expenses, and that Ken Berry has several felony convictions, including for fraud and theft.

Ken Berry was arrested Feb. 19 at his home on Independence Trail on Bear Mountain in Evergreen and was released on $150,000 bail.

Ken Berry’s previous attorney, John Tinder, withdrew from the case Dec. 23 on grounds he wasn’t being paid. Dan Kyser has been hired to replace him.

At the preliminary hearing, Ken Berry maintained there was no evidence investors relied on misleading information when they purchased shares of stock and there was no illegal commingling of personal and company funds. 

Contact Vicky Gits at 303-350-1042 or vicky@evergreenco.com.