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Former University of Colorado football player Michael Sipili, arrested earlier this year in connection with an alleged rape, will have to start submitting to drug and alcohol testing after the court discovered earlier this week that his co-defendant is required to cooperate with such testing while Sipili was not.
Boulder District Judge D.D. Mallard this morning added monitored sobriety to Sipili's bond conditions after rejecting former CU football player Michael O'Connor's request earlier this week to remove alcohol and drug testing from his list of bond conditions.
Sipili, 22, and O'Connor, 21, were arrested in January after a 22-year-old woman told Boulder police that she was having consensual sex with O'Connor at an off-campus apartment on Dec. 4 when Sipili entered the room and raped her, according to an arrest warrant affidavit.
Sipili was arrested on suspicion of felony sexual assault, and O'Connor was arrested on suspicion of felony accessory to a crime because he's suspected of trying to cover up the assault.
Deputy District Attorney Bruce Langer this morning asked the court to order Sipili to begin submitting to drug and alcohol tests because alcohol played a role in the alleged assault.
“For some reason, Sipili didn't have that condition,” Langer said.
Public defender Amanda Bailhache argued that her client has been on bond for five months, and the person supervising him has seen no indication that Sipili is using alcohol or drugs.
The supervisor has “never smelled alcohol on Sipili, and looking at his physical appearance, it does not appear that alcohol is an issue,” Bailhache said.
She also said Sipili is indigent and that monitored sobriety would be a financial burden.
Judge Mallard disagreed and said random testing will not be burdensome, and that his case should be treated similarly to O'Connor's case.
Sipili is scheduled to enter a plea on the sexual assault charge on July 15. O'Connor is scheduled to enter a plea on June 10.
