http://www.denverpost.com/news/ci_4393716

Article Last Updated: 9/25/2006 12:46 PM

douglas county
Dragging death suspect in court

By Joey Bunch
Denver Post Staff Writer
DenverPost.com

Castle Rock - Jose Luis Rubi-Nava faces premeditated murder, kidnapping and forgery charges related to last week's dragging death of his suspected girlfriend, Luz Maria Franco-Fierros, 49.

Investigators believe Rubi-Nava, 36, dragged Franco-Fierros behind his truck. She suffered severe blows to her head and suffocated from the rope tied around her neck.

A photograph that included Rubi-Nava was found near the body.

The attack left a trail of blood for more than a mile from Interstate 25 to the woman's body off Surrey Ridge Drive in north Douglas County. Her naked body was found on Sept. 18.

Wearing an earpiece in order to hear a translator in court this morning, Rubi-Nava was formally told of the charges against him: premeditated murder, second-degree kidnapping, two counts of forgery and one count of possessing a forged instrument.Kathleen Walsh, a spokeswoman for the district attorney's office, would not elaborate on the charges or any evidence against Rubi-Nava, including how the forgery charges related to the case. She cited judicial ethics that prevented the disclosure.

A pre-trial hearing on the evidence, to be set after a Nov. 1 hearing, will determine whether there is probable cause of Rubi-Nava's involvement.

He is being held without bond in the Douglas County jail. U.S. Immigration Customs Enforcement has asked that Rubi-Nava, a suspected illegal immigrant, be detained.

Rubi-Nava, a construction worker, reportedly lived in an apartment in Glendale with Franco-Fierros, a mother of four children who worked at two fast-food restaurants, friends said.

In court today, Rubi-Nava wore a red jump suit with elaborate shackles on his wrists. As he entered, he looked around the courtroom laced with reporters until he found his younger brother, Victor, then nodded and smiled briefly.

Pursued by reporters and cameramen, Victor Rubi-Nava said in Spanish outside the courthouse that his brother was not capable of such a brutal attack.

Public defender Kathleen McGuire asked for another hearing on Thursday to revive her requests to limit the media's access to court hearings.

She raised motions unsuccessfully today to keep cameras out of the courtroom.

Rubi-Nava, a Mexican citizen, is being vilified on that issue in the media, particularly talk radio shows, she said.

"My concern is that Mr. Rubi-Nava's rights to a fair trial are diminishing as the days go on," McGuire told Judge Paul King.

King allowed the cameras in the courtroom today, but prohibited audio recording.

"It appears the publicity will continue and the case will be discussed in the media regardless," he told McGuire.

The public defender asked the judge for a protective order to block law enforcement officers from talking to her client outside her presence.

The judge said law enforcement officers would respect Rubi-Nava's right not to answer questions, but King would not bar them from contacting Rubi-Nava on other matters.

Prosecutors and defense attorneys declined to speak to the throng of media, in the case that has attracted national and international attention, McGuire said in court.

Staff writer Joey Bunch can be reached at 303-820-1174 or jbunch@denverpost.com.