El Paso County judge denies another motion to push back preliminary hearing for the suspect in the Club Q shooting

Hart Van Denburg/CPR News
After a mass shooting at Club Q in Colorado Springs, a makeshift memorial grows outside the LGBTQ club on Monday, Nov. 28, 2022. Daniel Aston, Kelly Loving, Ashley Paugh, Derrick Rump and Raymond Green Vance were killed in the shooting.

A judge in El Paso County denied another motion to push back this month's preliminary hearing for the suspect in the Club Q shooting.

Defense attorney Joseph Archambault said his team lacked access to critical evidence, namely the audio portion of video surveillance from Club Q between 10 and 11:30 p.m. on Nov. 19. Archambault argued that any possible interaction between Andersen Aldrich and others in that time period could help determine intent and potential bias. He said any "fighting, yelling or screaming" that may be heard on the audio would be relevant in figuring out what happened before his client allegedly "returned to the establishment" shortly before midnight.

In response, the prosecution said that since they know the right person is in custody, that level of evidence isn't necessary at this point in the case. They said technical issues had delayed efforts to get all of the surveillance video in a format that was easily shared and viewed.

Ultimately, Judge Michael McHenry asked prosecutors to expedite the sharing of any additional surveillance footage but said the case will proceed as scheduled.

The hearing also focused on concerns about the video the state has that may include a privileged conversation between the attorney and defendant. According to an investigator from the district attorney's office, the video was deleted as soon as she became aware of its potential content. She told the court that the only remaining copy was in a sealed envelope, which the judge gave to the defense during the hearing.

The jail also mistakenly gave the DA's office access to visitor logs showing when Aldrich met with legal counsel and for how long, which is illegal. Both sides agreed to seal the logs. 

The judge ordered the prosecution to set a protocol with the jail so they weren't given access to privileged information going forward.

A preliminary hearing is set for Feb. 22 - 24.

Previous coverage