By Marsha K. Triplett

ALAMOSA - Setting an unusual precedent, District Attorney Peter Comar took a strong hand in the Danice Day case. In a letter sent Thursday, March 21, to Rio Grande County Sheriff Desi Medina, Comar wrote, "...I am taking over the investigation and ask that you send over your files and cease any further work on this matter."

In an interview on Feb. 28, Medina confirmed that he explained what he declared was his opinion of how Day died during a Rio Grande County Commissioner meeting held Feb. 27. Minutes of that meeting were released Thursday.

In his letter, Comar said he had read a copy of the minutes and expressed concern that Medina's close relationship with the Brauns poses a potential conflict of interest.

"I've got to do something," Comar said. "I called another DA that I know and discussed the situation with him, and he said if it were him, he'd take the case over."

Comar admitted it is an unusual action, but he said he felt there was no other option. "I guess if Desi wants to fight (surrendering the case), then we'll fight," he said.

The minutes of the Rio Grande County Board of Commissioners meeting state: "Sheriff Medina told the Commissioners that what happened is Denise [Danice] went to her and Victor's residence and Vern and Victor were in another room and Denise [Danice] came in and told Victor that she was going to leave him. Victor got up to hit Denise [Danice] and she moved and he hit her in the esophagus, which killed her. They have not found the body yet."

Medina said that he originally went in to the meeting to speak to Commissioner Doug Davie on another issue. At some point, Commissioner Vern Rominger asked about the Day case, Medina said.

"It was just two old farts talking to each other," stated Medina. He continued explaining that he thought he was talking with the commissioners off-the-record and that he was simply outlining his own opinion of what happened.

In a brief interview early Thursday morning, Medina said, "I felt obligated to respond when Vern Rominger asked me about the Day case."

The minutes clearly state that Sheriff Medina asked the commissioners if they wanted to know anything about the Day case.

When contacted, Rominger said, "I do remember asking Desi after he spoke with Doug about the Day case." Rominger did not remember at what point in the meeting he asked but did say, "The minutes may be wrong," with regard to who initially asked about the case.

Rominger said, "We about fell off our chairs when he told how she was killed."

The minutes report Medina mentioning that he has turned the case over to Undersheriff Charles Martinez because Medina knows Victor Braun and Vern Braun very well. Victor Braun, Day's boyfriend and Vern Braun, Victor's father, have both been questioned about Day's disappearance.

During the meeting, Medina is reported as having compared Victor to his own son and having said that Vern reminded him of himself. In further conversation as reported in the minutes, "Medina told Commissioners that he felt sorry for Victor and is indeed afraid of Judge Trujillo and Judge Ogburn because he knows that they would not think twice about throwing him [Victor] in jail."

These comments have led officials to question the relationship between the Brauns and Medina and has led in part to the request for removal of Medina from the Day case.

Comar said he will be meeting with representatives of the Colorado Bureau of Investigation this morning, and that even CBI officials have quietly suggested he should take the Day case from Medina and the RGSO.

Rod and Judy Day, parents of Danice Day, had read a copy of the Commissioner meeting minutes and also knew about the letter from Comar when Valley Publishing contacted them Thursday evening.

"We just in our hearts wonder how soon would this have been solved if something had not been apparently covered up," Rod Day said. "It appears to us that something has been covered up."

Early Thursday evening Rominger had been told of the request by Comar but had no comment. Commissioner Doug Davie was not aware of the request by Comar until contacted by Valley Publishing and had no comment. Commissioner Randy Brown was out of town and unavailable for comment.