Erik Osborn's conviction tossed in One Lincoln Park case

Erik Osborn wanted to be a big-time developer, but his plans almost landed him in the big house. In 2009, a group of high-profile investors -- including Dealin' Doug Moreland -- accused Osborn of stealing $255,000 intended for the pricey One Lincoln Park condominium complex downtown and another project in Greenwood Village; Osborn was subsequently convicted of felony theft and sentenced to ten years in community corrections.

In 2010, Osborn was convicted of felony theft in another case, this one involving investor funds meant for 1800 Glenarm Place.

He was sentenced to ten more years in community corrections, to follow his first ten-year sentence.

Judge Robert McGahey told Osborn that while he would like to send him to jail, the previous sentence had set a precedent.

"But for that sentence, I would send you to the penitentiary without any sentence at all," McGahey said. "Thieves are thieves."

Yesterday, though, the Colorado Court of Appeals reversed Osborn's original felony theft conviction and ordered a new trial; the appeals court ruled that McGahey, the trial judge, had wrongly excluded all thirteen of Osborn's witnesses, essentially preventing Osborn from exercising his basic right to defend himself at trial.

Osborn is also appealing his second conviction.

Get more details in Jared Jacang Maher's original feature, "Erik Osborn wanted to be a big-time developer -- but he could land in the Big House."

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