A former Pueblo massage therapist accused of sexual misconduct in 2020 has had all remaining charges against him dismissed, according to court documents obtained by the Chieftain.
During a trial earlier this year, a Pueblo jury acquitted Christopher Sais of four counts of sexual contact during a false medical exam, a Class 4 felony. After a day of deliberations, the jury remained deadlocked on eight additional counts, resulting in a mistrial due to the hung jury.
Those additional counts have now all been dropped.
Attorney Adam Schultz, who represented Sais in the case, stated he and his client were grateful to the jury who found Sais not guilty on four of the charges.
"Our reaction is relief and gratitude to the jury who listened diligently to the facts and found the truth. We appreciate their attention to the case and their hard work," Schultz said. "We feel that the charges should have been dropped. The case was not proven to the jury."
Sais was initially charged in 2021 with 15 counts of sexual contact during a false medical exam, the Chieftain reported at the time, but three of those charges were dismissed: two at a preliminary hearing and one due to a witness not participating at trial.
The case was first prosecuted by 10th Judicial District Attorney Jeff Chostner, but Chostner recused himself from the case last spring, citing a conflict of interest as one of Sais's accusers was related to an employee in the DA's office. Following the recusal, the case was assigned a special prosecutor from the 4th Judicial District Attorney's Office.
In a motion filed by 4th Judicial Deputy District Attorney Kelson Castain following the trial, Castain indicated the state would not proceed with most of the remaining counts against Sais but would seek to retry two of them.
Two of the people named as victims in the case did not object to that plan of action while one did, according to the motion filed by Castain.
While Castain expressed that he was willing to retry the two remaining counts, one person named as a victim in the case stated she no longer wished to appear at trial and wanted to drop the remaining charges, according to the motion.
What Sais was accused of and how the case played out
Sais was a licensed massage therapist at Souler Wellness Center, which was located on Fifth Street in Pueblo before it permanently closed.
In April 2020, he was arrested on allegations he'd made unlawful sexual contact with an 18-year-old high school student, as well as others at the center. Thirteen women eventually sought to press charges against Sais, the Chieftain reported at the time.
Howard Black, the director of communications for the 4th Judicial District, told the Chieftain in an email that the DA's office "takes seriously all criminal cases, especially those involving sexual assault and sexual abuse."
"The victims in this case feel very passionately about the case and have demonstrated their drive throughout the years to have the case continue forward," Black said. "We recognize and admire that passion and have stood with the victims throughout the process including continuing to prosecute the case following the recusal of the Pueblo District Attorneyโs Office and through a two-week-long trial involving more than 20 witnesses."
Black said after the verdict, the DA's office consulted with all of the named victims in the case and discussed their options following the mistrial.
"Some ... did not want to continue forward while others felt strongly that they wanted the case to proceed," he said. "After a thorough evaluation of the testimony at trial and in consultation with all the victims involved in the case, our office determined that the available evidence was insufficient to proceed to a second trial.
"A decision to not retry a case is never made lightly and always with the understanding that such a decision ends a case for those who have been part of it for so long. We continue to stand with all of the victims in this case and respect the wishes and feelings of all of the victims.โ
Schultz, Sais's attorney, told the Chieftain in an email he felt it was important to note that the prosecuting attorney "put in his motion to dismiss that the primary accuser 'changed her position' and asked the prosecutors to not move forward with the case."
The prosecution of the case took more than three years, and there were two major delays caused by discovery violations on the eve of each of the first two trial settings, Schultz said.
"There were other delays for other reasons, but these were the main ones," he said.
"Both times it came to light just before trial that the government had critical information that they had a duty to share but which they had not."
Schultz said the second of those instances was a failure to disclose information "that had been in their possession for over two years."
The court order granting the motion to dismiss noted that any objections to the defense's motions to seal will be heard at 9 a.m. June 16 in Courtroom 101 at the Dennis Maes Judicial Building.
Questions, comments, or story tips? Contact Justin at [email protected]. Follow him on Twitter @jayreutter1.
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