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The week ahead

April 3rd, 2011, 1:54 pm by

Zeb Pike, court watcher

Hello court watchers,

This will be a busy but abbreviated week for me in the 4th Judicial District.

On Monday at 1:30 p.m. in Division 12, a sentencing hearing is scheduled for Dustin Thomas, who was accused of injuring a flag woman during a hit and run accident in July. Here’s a brief story on the charges.

On Tuesday, I’ll be helping out on the Gazette’s election night reporting as voters choose Colorado Spring’s first-ever strong mayor and several city council members. Stay with gazette.com for the best election coverage in town.

On Wednesday at 1:30 p.m. in Division 4, a sentencing hearing is scheduled for 15-year-old Daniel Gudino, whom a jury found guilty of the first-degree attempted murder of his mother at their Colorado Springs home on May 18, 2009.

The jury deadlocked on whether Gudino was guilty in the first-degree murder of his 9-year-old brother. Prosecutors have not yet announced whether they will seek a retrial on that charge. Here’s my story on the verdict.

On Thursday at 4:30 p.m., there will be a candle lighting vigil in front of the District Attorney’s office on Vermijo Avenue to mark National Crime Victims Rights Week.

On Friday, I’ll be away attending a Society of Professional Journalists conference in Norfolk, Va. But my Gazette colleagues will be keeping an eye on two hearings.

At 9 a.m., Bruce J. Nozolino is due back in court, presumably with whomever he has hired to defend against charges of killing his ex-wife’s former lover, wounding her divorce lawyer and trying to kill a judge.

At Nozolino’s most recent hearing, Judge William Sylvester ruled that the Colorado Springs anti-tax activist was not entitled to a publically-funded defense attorney. Here’s my most recent story on the case.

Also on Friday at 9 a.m. there’s a continued motions hearing for Hanif Sims and Monique Lynch, the former Monument couple accused in the death of a 9-year-old girl whose body was discovered on May 14, 2010 buried beneath the townhome where they had been living.

Among the motions is a request for a change of venue from Lynch’s public defenders. The two defendants are scheduled to be tried separately with Sim’s trial coming first. Here’s my most recent update on the case.

Bear in mind, hearings often are postponed and rescheduled, so what you see here may not happen.

Do you know of an interesting court story? Let me know.

My email is john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

March story of the month

April 2nd, 2011, 5:19 pm by

Reader interest in the charges filed against a woman accused of dragging a tow truck driver to his death has been nothing short of astounding.

Normally, a defendant’s first appearance in court produces little in the way of news, let alone interest.

Not so with this March 2 story on a judge advising Detra Farries of the possible charges against her in the death of Allen Rose, which attracted more readers than any other story I wrote last month.

In fact, my top three stories in March all dealt with this case.

My favorite story, however, was this March 26 story that attempted to answer my curiousity on how much would it cost to defend against a first-degree murder charge, especially one as complex as the indictment against Colorado Springs anti-tax activist Bruce Nozolino.

The week ahead

March 13th, 2011, 10:29 am by

Zeb Pike, court watcher

 

Hello court watchers,

It looks like a busy week in the 4th Judicial District. Here’s a peek at what’s ahead:

On Monday, testimony resumes in the first-degree murder trial of Terry Gaines, who is accused of shooting another man to death following a rap concert in April 2009.

The trial recessed last Thursday so that one juror could deal with a family emergency. Testimony resumes at 8:30 a.m. in Division 17. I’ll be live blogging from this trial throughout the week. Here’s my most recent post on the trial.

Also on Monday, there’s a plea hearing scheduled for 9 a.m. in Division 13 for Quenten Heard, who is accused of conspiracy and being an accessory to the July 29 murder of a former soldier in what police described as a marijuana deal gone bad. Here’s my most recent story on the case.

At 1:30 p.m. Monday, there’s a sentencing hearing set for Herbert Ross Vaughn II. He was accused in a fatal hit and run accident in the 5000 block of Mark Dabling Boulevard in June 2009. Here’s our most recent story.

Edward and Linda Bryant make their first appearance on Thursday at 8:30 a.m. in Division 9. The former Monument couple is accused of welfare fraud however El Paso County sheriff’s investigators are continuing to search for two of the Bryant’s adoptive sons, who have been missing for several years. Here’s our most recent story.

Colorado Springs anti-tax activist Bruce J. Nozolino will be back in court on Friday at 9 a.m. in Division 14 on charges that he killed a Stetson Hills man and tried to murder a lawyer and a judge. Here’s my most recent story on the case.

Please bear in mind that court hearings are frequently postponed and rescheduled. So what you see here may not happen this week.

Do you know of a court story that I ought to be covering? Let me know. My e-mail: john.ensslin@gazette.com.

John C. Ensslin

Legal Affairs reporter

The Gazette

Diana May to leave DA’s office

March 8th, 2011, 4:47 pm by

The first-degree murder trial of Terry Lemaire Gaines currently underway is the next to last homicide case that veteran prosecutor Diana K. May will prosecute.

May announced last week that she has resigned from the 4th Judicial District Attorney’s office, effective May 2. She is taking a new job with the El Paso County Attorney’s office, where she will work in the civil litigation unit.

A prosecutor for 17 years, May has worked for four district attorneys in El Paso County: John Suthers (for two weeks), Jeanne Smith, John Newsome and the current DA Dan May (no relation.)

As one of four chief deputy district attorneys, May oversees the prosecution of all homicides. She has been the lead prosecutor in several high profile cases, including the recent murder indictment against Colorado Springs anti-tax activist Bruce J. Nozolino.

She plans to prosecute one more case after the Gaines case. She will try the first-degree murder of Martin Solis Mendiola, which is scheduled for a pre-trial hearing on April 1.

The Mendiola case holds some personal significance for May. She was the on-call Deputy District Attorney on the day in January 2004 when the rape-murder of a Colorado Springs woman was discovered.

Mendiola was arrested in December 2009, days before he was to be released from prison. Police said DNA tests linked Mendiola to evidence recovered in the 2004 case.

May has also been a patient instructor for the Sidebar, explaining points of law to me during the last two years and making sure I knew the difference between the words “choke” and “strangle”.

Scenes from the Nozolino hearing, part two

February 14th, 2011, 5:12 pm by

Bruce J. Nozolino

Prosecutors claim the four shootings they have charged Bruce Nozolino with carrying out were “sniper shootings”, a relatively rare thing statistically speaking.

But public defenders representing the 49-year-old anti-tax activist contend that they are not so rare in places like Colorado Springs with a high number of military personnel.

At a hearing Friday they cited two other recent cases involving high-powered weapons, the second-degree murder conviction of Marc Sylvester

and the first-degree murder conviction of Jomar Falu-Vives.

They also raised questions as to whether one of the shootings – the shot fired at the Palmer Lake home of divorce lawyer John Ciccolella – actually was a sniper shooting.

“The evidence they (police) collected at the scene of the first shooting is so minimal that we take issue with the characterization that it is a sniper shooting,” Deputy Public Defender Carrie Thompson told Judge William Sylvester. Later she added, “There is no real evidence that all four of these are sniper shootings.”

Thompson also challenged another prosecution claim, that Nozolino told one investigator – during the execution of a search warrant – to tell him what he was being investigated for so that he could come up with an alibi.

That was “natural language” for anyone in Nozolino’s situation, she argued.

In effect, Thompson said he was saying, “I have to know, so that I can defend against this group of people who have been investigating him over and over again.”

A shoot plan

Attorney John Ciccolella described the night a sniper shot him in the eye while urging Sylvester to set the highest bond possible on Nozolino.

At the time of the shooting, Ciccolella represented Nozolino’s ex-wife in a particularly nasty divorce.

“I felt a shot going through my body that was so strong that I knew I was dying and that I had only seconds of consciousness before I died” he said.

His wife Pam Ciccolella credited her son Chad – who was working with his father in his downtown law office – with saving his father’s life by stopping the bleeding.

“He initially thought that John’s head had been blown off,” she told the judge.

John Ciccolella told Sylvester how he obtained a weapons permit after the shootings and slept at night with a 9mm handgun and body armor nearby.

He talked about how schools and other families work out an evacuation plan in case of fire.

“We had a shoot plan,” he said. “When the bullets start flying, where do you go? Who do you defend?”

“We practiced that and changed it as the boys grew older,” he added.

“I understand the court’s ruling,” he later added. “I understand that you have to follow the law.”

“But we will not be safe,” he said.

Ciccolella said Nozolino showed during the bitter divorce proceedings that he would not follow court orders.

“He makes his own rules and interpretations,” the lawyer added.

As an example, he said Nozolino was ordered at one point to turn over a blender to his ex-wife.

“He gives her the blender, but not the top,” Ciccolella said. “It’s not a blender without a top.”

When Ciccolella finished, Sylvester told him, “There’s no way I can understand what you and your family have gone through. I don’t think anyone can comprehend it.”

Perjury charges still sealed

On Friday, prosecutors added two felony counts of perjury against Nozolino.

However, the details of those two charges are still unknown. The court clerk’s office said Monday the affidavit remains sealed from public view even though they were released to Nozolino and his public defenders.

During Friday’s hearing, there was some discussion that Nozolino would need a separate attorney for the new charges, owing to the fact that Deputy Public Defender Carrie Thompson might be a witness in the case.

Stay tuned. All of the cases have been continued until a further hearing on March 18.

Scenes from the Nozolino hearing

February 11th, 2011, 7:50 pm by

Bruce Joseph Nozolino sat through his bond hearing, dressed in an orange jumpsuit and slightly hunched forward at the defense table, listening on an amplifier so he can follow the proceedings.

He was flanked on either side by his public defenders Rose Roy and Carrie Thompson, the chief of the Colorado Springs public defender’s office. They in turn were flanked by two sheriff’s deputies.

At first, prosecutors wanted to rest on the transcript of the grand jury proceedings to make their case that there was enough evidence to warrant continuing to hold him without bond. However, Nozolino’s public defenders wanted to call witnesses arguing that some of the evidence presented to the grand jury was misleading or inaccurate.

Judge William Sylvester allowed them to call the detectives in the case as witnesses, but held off from requiring the alleged victims – Judge Gilbert Martinez and divorce lawyer John Ciccolella – to testify. Ultimately, the defense chose not to call them.

A dirty white truck

Colorado Springs Detective Luke Skifstad was the first witness. He’s the lead investigator in the murder of Richard Shreiner, the Stetson Hill man shot to death while shoveling snow outside his house on Nov. 30, 2008.

Skifstad said police were unable to find a weapon or any shell casings in the shooting. They did recover a bullet later during the autopsy.

A canvass of the neighbors found several people who reporting hearing what sounded like a single backfire or shot sometime between 7:20 a.m. to 8:30 a.m. Skifstad said. One neighbor also reported seeing a “dirty white pickup truck” in the area at that time.

Police found a pair of ear plugs about 40 yards from the crime scene. However they were unable to find any DNA on them linking them to Nozolino.

A shot to the head

Colorado Springs Detective Derek Graham testified next. He wrote the affidavit for the search warrant in the investigation.

After the shootings at the homes of the Ciccolella and Martinez homes, detectives tried to get a search warrant for Nozolino’s home. But a judge turned down their request, ruling they didn’t have enough evidence to link Nozolino to the shootings.

Detectives thought they had their first big clue in the case early in the morning after a sniper shot Ciccolella in the eye inside his office.

Around 2:40 a.m., a detective interviewed Nozolino. According to the grand jury testimony, Nozolino said he had heard on the news that Ciccolella had been shot in the eye. Graham said police considered this a break, since they had not release that detail to the news media.

However, Nozolino’s public defenders produced a transcript from that night’s broadcast on KOAA-TV. The transcript stated the lawyer had been shot in the head.

A contentious divorce

In her closing argument at the hearing, Chief Deputy District Attorney Diana K. May raced through a rapid-fire chronology of the four shootings matched against the time line of the divorce.

She talked about how rare sniper shootings are. According to the FBI, there were only 37 sniper shootings in the United States between 2000 to 2008.

She described Nozolino as being “obsessed” about his divorce. How he hired a private investigator. How he tried to get his wife fired and court-martialed for infidelity.

“This is a very contentious divorce.”

On June 8, 2001, she says Judge Martinez ordered Nozolino to pay $10,500 in child support to his wife. Five days later, the judge makes another ruling against Nozolino. On the evening of June 16, 2001, the shooting occurs at the Ciccolella house. One bullet slams into a charcoal grill outside the house.

Nozolino claims he was out of the country at the time, but later that alibi turns out not to be true, May contended.

More to come. Stay tuned.

The Week Ahead

February 6th, 2011, 6:53 pm by

Zeb Pike, court watcher

Hello court watchers,

This will be a short week for me. I’m off on Monday and Tuesday.

But it will be a full week in the 4th Judicial District, where some of my Gazette colleagues will be helping out with our coverage.

On Monday, jury selection gets underway at 9:30 a.m. in Division 4 in the first-degree murder trial in juvenile court of a 14-year-old Colorado Springs boy accused of killing his younger brother and wounding their mother.

Daniel Gudino is charged with shooting to death his 9-year-old brother Ulysses in the basement of their home on May 18, 2009 in the 1800 block of Chapel Hills Drive. Here’s my most recent blog post on the case.

On Tuesday at 8:30 a.m., jury deliberations resume in Division 12 in the child abuse trial of Jeremiah Lovato, a 40-year-old maintenance worker for the Colorado Department of Transportation. Lovato is accused of beating his 15-year-old adoptive son so severely that he was taken to a hospital in January 2010. Here’s our most recent story on the case.

Also on Tuesday, former U.S. Olympic Judo team athlete Adler Volmar will be sentenced in Division 7 at 8:30 a.m. on two misdemeanor counts of having sex with a juvenile.

In October, a jury acquitted Volmar on felony charges of sexually assaulting a 15-year-old girl in his downtown Colorado Springs hotel room. But the jury found him guilty of having sex with a juvenile who was at least 10 years younger. My Gazette colleague Brian Gomez will cover the sentencing. Here is my most recent story on the case.

Divison 14, there will be a hearing for Bruce Nozolino, the Colorado Springs anti-tax activist accused of killing one man and trying to kill a judge and a lawyer. This hearing should be the first opportunity to hear what kind of case the prosecution has against Nozolino, whom a grand jury indicted in July.

Here’s my most recent story on the case. 

Bear in mind, court hearings often are delayed and rescheduled, so what you see here may not happen.

Do you know of a court case I ought to be covering? Let me know. My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

Ten trials to watch in 2011

January 2nd, 2011, 1:42 pm by

Zeb Pike, court watcher

Happy New Year court watchers,

An editor recently asked me to contribute to a story in Sunday’s Gazette that looks at the year ahead.

That got me to thinking about the trials slated in 2011.

Here then – in more or less chronological order – are some of the cases I’ll be covering in the months ahead.

-Robert Hull Marko. The Fort Carson soldier’s trial on murder and sex assault charges is scheduled to begin on Jan. 10.  Here is my most recent post on the case.

-Raymond Marshall and James Brodie. The two Landco Equity Partners executives are facing trial on theft and securities fraud charges. Their next hearing is scheduled for Jan. 13. Here’s my most recent post on the case.  

-Daniel Gudino. The 14-year-old Colorado Springs boy is scheduled for trial in juvenile court on charges he killed his 9-year-old brother and wounded their mom. Here’s my most recent update on the case.  

-Bruce Nozolino. The anti-tax activist and retired software engineer is accused of killing one man and attempting to kill his ex-wife’s divorce lawyer and the judge in their divorce. His next hearing is scheduled for Feb. 11. Here’s my most recent story on the case.  

-Cesar Deanda. A retrial is pending for Deanda, whose conviction in a 1995 child abuse death was overturned. Recently prosecutors filed an appeal of the judge’s ruling on evidence in the case. That appeal is pending before the Colorado Supreme Court. Deanda’s trial is scheduled for March 11. Here’s my most recent post on the case.

-Logan McClelland. The Como man accused of killing a Big O Tire store in Monument is scheduled for trial on March 28.. Here’s my most recent story on the case.

-Martin Mendiola. The ex-convict is awaiting an April 19 trial in the January 2004 rape-murder of a Colorado Springs woman. He was charged days before his release from prison after prosecutors said they found a DNA match to the crime scene. Here’s my most recent post on the case.

-David Banks, et al. Several members of a Colorado Springs church are scheduled to face trial on wire fraud charges in May in U.S. District Court in Denver. Here is my most recent story on the case.  

-Monique Lynch and Hanif Sims. The couple accused in the death of a 9-year-old girl found buried beneath a home in Monument are scheduled for trial on May 31. Here’s my most recent story on the case.  

-Timothy Kennedy. A judge ordered a retrial of Kennedy after he had served 14 years in prison for the murders of a Colorado Springs couple. The District Attorney’s office has appealed the judge’s decision to the Colorado Court of Appeals. A decision is pending. Here’s our most recent story on the case.

Top court stories of 2010 (your picks)

January 1st, 2011, 9:14 am by

Here are the results of the balloting for top court story of 2010.

Looks like readers and I are in agreement on the top story: the murder and attempted murder indictment against anti-tax activist and retired software engineer Bruce J. Nozolino.

There may have been some ballot stuffing here, but I can’t argue with any of the poll’s other results.

(Note: four stories tied for 7th place, but none drew many votes, so I’m not including them here.)

So here are your top six choices:

1.  The Nozolino indictment

A grand jury indicted Bruce J. Nozolino on charges of killing a Stetson Hills man as well as trying to kill a judge and a divorce lawyer. Nozolino also has been charged with tampering with grand jury witnesses and punching an inmate in the El Paso County Jail.

 2.   Neo-Nazi trial

The first-degree murder trial of Kandin Eric Wilson, an alleged Neo-Nazi recruit, opened a window onto the inner workings of The American Nazi Party. A jury found Wilson guilty in the murder of a Colorado Springs restaurant manager during a bungled robbery attempt. He was sentenced to serve life in prison.

 3.  The Allmon verdict

A jury convicted Willie B. Allmon of raping and fatally beating his 8-month-old grandson while babysitting the boy in the grandfather’s Widefield home. Allmon, a 52-year-old registered sex offender, is now serving life in prison.

4.    Hazard killing

Prosecutors charged a 16-year-old girl with killing Jon R. Hazard, who had been accused of sexually assaulting her. After nearly a year of negotiations and evaluation, the girl was sentenced to 2 years probation after she pleaded guilty in juvenile court to a charge of manslaughter.

5.   Gudino tried as juvenile

A judge ruled that a 14-year-old boy accused of killing his younger brother and wounding their mom should be tried as a juvenile. Daniel Gudino’s attorneys argued that the boy suffered from a mental illness and may have been sleep walking when the shootings occurred. The trial is set for Feb. 7.

6.  Murder in Monument

A couple was charged in the child abuse death of a 9-year-old girl whose body was discovered buried in the muddy crawl space beneath a town home. A judge has ordered Hanif Sims and Monique Lynch to stand trial in the case.

Top 10 Court Stories of 2010 (you pick them)

December 22nd, 2010, 8:41 pm by

What an amazing year it’s been in terms of court stories. I had a hard time whittling this list down to ten and as you’ll see, I’ve included five more that you could argue should be on this list.

I’m interested in what you think ought to be on a list of the top 10 court stories of the year. So at the bottom of this list you’ll find a poll where you can cast your own vote. Balloting will remain open through Dec. 31.

Also, if I’ve overlooked a story, let me know. My e-mail: john.ensslin@gazette.com.

John C. Ensslin

Legal affairs reporter

The Gazette

1.  The Nozolino indictment

     A grand jury indicted anti-tax activist Bruce J. Nozolino on charges of killing a Stetson Hills man as well as trying to kill a judge and a divorce lawyer. Nozolino also has been charged with tampering with grand jury witnesses and punching an inmate in the El Paso County Jail.

Here’s a link to the story:

2.   Gudino tried as juvenile

A judge ruled that a 14-year-old boy accused of killing his younger brother and wounding their mom should be tried as a juvenile. Daniel Gudino’s attorneys argued that the boy suffered from a mental illness and may have been sleep walking when the shootings occurred. The trial is set for Feb. 7.

Here’s my story.

 3.    The Allmon verdict

A jury convicted Willie B. Allmon of raping and fatally beating his 8-month-old grandson while babysitting the boy in the grandfather’s Widefield home. Allmon, a 52-year-old registered sex offender, is now serving life in prison.

Here’s my story from the sentencing hearing.

4.    Hazard killing

Prosecutors charged a 16-year-old girl with killing Jon R. Hazard, who had been accused of sexually assaulting her. After nearly a year of negotiations and evaluation, the girl was sentenced to 2 years probation after she pleaded guilty in juvenile court to a charge of manslaughter.

Here’s my story:

5.     The Volmar verdict

Former U.S. Olympic Judo team athlete Adler Volmar won acquittal on charges that he sexually assaulted a 15-year-old girl in his Colorado Springs hotel room after she had been drinking at a downtown nightclub. The jury, however, found Volmar guilty of two misdemeanor sex offenses.

Here’s a link to the story.

6.    Cuneo verdict

A jury found Jules Lynn Cuneo guilty of manslaughter in the beating death of her two-year-old foster child but acquitted her of first-degree murder charges. A judge sentenced Cuneo to 32 years in prison. Here’s our story on the sentencing.

7. Murder in Monument

A couple was charged in the child abuse death of a 9-year-old girl whose body was discovered buried in the muddy crawl space beneath a town home. A judge has ordered Hanif Sims and Monique Lynch to stand trial in the case.

Here’s my story on their preliminary hearing:

8.   The Xbox murder verdicts

Separate juries found two men guilty in the murder of a developmentally disabled man whose body was discovered months later in North Cheyenne Canon. Both Derek Lee Hernandez and Kyle Stott were sentenced to life in prison for what the judge called “murder for sport.” There was testimony at both trials that the pair had stolen the victim’s Xbox video game system.

Here’s my story on the second verdict.

 9.   Neo-Nazi trial

The first-degree murder trial of Kandin Eric Wilson, an alleged Neo-Nazi recruit, opened a window onto the inner workings of The American Nazi Party. A jury found Wilson guilty in the murder of a Colorado Springs restaurant manager during a bungled robbery attempt. He was sentenced to serve life in prison.

Here’s my story on the sentencing.

10. Judge tosses wiretap evidence

Fourth Judicial District Judge Deborah Grohs barred evidence gathered in a drug case via wiretaps because the order authorizing the surveillance was signed by Chief Judge Kirk Samelson, who at the time, had a son working as a prosecutor in the District Attorney’s office. A defense lawyer called this a conflict and the judge agreed. The DA has appealed her decision to the Colorado Supreme Court. That ruling is pending.

Here’s my story on the ruling.

Other possibilities:

The Big O murder

A Como teenager was ordered to stand trial on a charge of first-degree murder in the fatal shooting of an employee at the Big O tire store in Monument. But during a preliminary hearing, police testified that the victim in the case had been sent home for drinking on the job moments before the shooting.

Here’s my story on the hearing.

The homeless murder trial

The trial of a man accused of beating a homeless man to death took two attempts (the first ended in a mistrial.) But eventually, a jury found Taylor Lane Gwaltney guilty of first-degree murder for bashing in the head of a man who had been sleeping on an overpass above Interstate 25. Gwaltney is now serving a life sentence.

Here’s my story on the sentencing.

Parole officer acquittal

A jury found Richard L. Riley not guilty of sexually assaulting a female parole who he was supervising. The jurors said they had problems with the credibility of the accuser, who had two prior convictions for false reporting.

Here’s my story on the verdict. 

Ex-soldier convicted in fatal shooting

A jury convicted former Army gunner Thomas Woolly of criminal negligent homicide in the shooting death of a 19-year-old Colorado Springs woman. But the jurors acquitted Woolly of the more serious charge of reckless manslaughter. His defense lawyer objected to the lesser charge being added on the eve of the verdict.

Here’s my story on the verdict.

Ex-detective pleads insanity

Former El Paso County Sheriff’s Deputy Jerald Day pleaded not guilty by reason of insanity to charges stemming from a standoff he had with law enforcement officers in Douglas County. Day was hired back as a civilian employee at the county jail while he awaits trial.

Here’s my story on his plea.

Your top 10 court stories of 2010
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