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Tuesday, November 9, 2010
Financial manager for Morgan Stanley will not face felony charges for hit-and-run because it could "jeopardize his job"...
Victim, attorneys furious with misdemeanor deal
EAGLE, Colorado — A financial manager for wealthy clients will not face felony charges for a hit-and-run because it could jeopardize his job, prosecutors said Thursday.
Martin Joel Erzinger, 52, faces two misdemeanor traffic charges stemming from a July 3 incident when he allegedly hit bicyclist Dr. Steven Milo from behind then sped away, according to court documents.
Milo and his attorney, Harold Haddon, are livid about the prosecution's decision to drop the felony charge. They filed their objection Wednesday afternoon, the day after prosecutors notified Haddon's office by fax of their decision.
Haddon and Milo say this is a victim's rights case, that Erzinger's alleged actions constituted a felony, and that one day is not enough notice.
“The proposed disposition is not appropriate given the shocking nature of of the defendant's conduct and the debilitating injuries which Dr. Milo has suffered,” Haddon wrote.
As for the one-day notice, Haddon wrote, “One business day is not sufficient notice to allow him to meaningfully participate in this criminal action.”
Milo, 34, is a physician living in New York City with his wife and two children, where he is still recovering from his injuries, court records show.
Milo suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents. Over the past six weeks he has suffered “disabling” spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.
“He will have lifetime pain,” Haddon wrote. “His ability to deal with the physical challenges of his profession — liver transplant surgery — has been seriously jeopardized.”
Erzinger, an Arrowhead homeowner, is a director in private wealth management at Morgan Stanley Smith Barney in Denver. His biography on Worth.com states that Erzinger is “dedicated to ultra high net worth individuals, their families and foundations.”
Erzinger manages more than $1 billion in assets. He would have to publicly disclose any felony charge within 30 days, according to North American Securities Dealers regulations.
Milo wrote in a letter to District Attorney Mark Hurlbert that the case “has always been about responsibility, not money.”
“Mr. Erzinger struck me, fled and left me for dead on the highway,” Milo wrote. “Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.”
Hurlbert said Thursday that, in part, this case is about the money.
“The money has never been a priority for them. It is for us,” Hurlbert said. “Justice in this case includes restitution and the ability to pay it.”
Hurlbert said Erzinger is willing to take responsibility and pay restitution.
“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into it,” Hurlbert said. “When you're talking about restitution, you don't want to take away his ability to pay.”
“We have talked with Mr. Haddon and we had their objections, but ultimately it's our call,” Hurlbert said.
Dropping the felony charge is not a revelation, Hurlbert said.
“We had been talking with them about this misdemeanor disposition for a while now,” Hurlbert said. “The misdemeanor charges really are what he did.”
Haddon and Hurlbert have squared off before. Haddon was one of Kobe Bryant's defense attorneys, with lead attorney Pamela Mackey, when Bryant faced sexual assault charges in Eagle County. Hurlbert was the lead prosecutor in that case....
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