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DA 4-for-4 on appeals of Judge Grohs

April 11th, 2011, 4:48 pm by

In addition to today’s ruling on wiretap evidence, the 4th Judicial District Attorney’s office has prevailed in four appeals of Judge Deborah Grohs decisions within the last six months.

Here, from the Colorado Supreme Court’s website, are summaries the other three appeals:

In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Cesar Deanda.

Synopsis:

Petitioner the People of the State of Colorado seeks relief from the district court’s pre-trial order precluding medical experts from offering opinion testimony that the victim’s injuries resulted from child abuse, medical child abuse or non-accidental trauma.

On December 16, 2010, the supreme court issued a rule to show cause why the requested relief should not be granted.  Respondent Cesar Deanda is directed to file a written answer on or before January 5, 2011. Petitioner the People of the State of Colorado has 20 days from receipt of the answer within which to reply.

On March 25, 2011, the Court ordered that the Rule to Show Cause is made Absolute.  The order of the district court is reversed for reconsideration in light of People v. Rector, No. 09SC708 (Colo.March 14, 2011).

In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Theresa Yvette Baltazar.

Synopsis:

 The People of the State of Colorado seek relief from the district court’s order allowing counsel for the respondent to issue subpoenas duces tecum on an ex parte basis, without complying with the requirements of Cri. P. 17(c).

 On April 22, 2010, the supreme court issued a rule and order to show cause why the requested relief should not be granted. Respondent Theresa Baltazar is directed to file a written answer by May 21, 2010.  The People have 30 days from receipt of the answer within which to reply.

On November 8, 2010, the court issued an opinion making the rule absolute.  The opinion can be found at:

http://www.courts.state.co.us/Courts/Supreme_Court/opinions/2010/10SA101.pdf

In Re:

Plaintiff:

The People of the State of Colorado,

v.

Defendant:

Todd McKeel.

Synopsis:

The People of the State of Colorado seek relief from the district court’s order granting Todd McKeel’s motion for a bench trial over the People’s objection.

On May 27, 2010, the supreme court issued a rule to show cause why the requested relief should not be granted.  Respondent McKeel is directed to file a written answer by June 28, 2010; the People have 30 days from receipt of the answer within which to reply.

On October 18, 2010, the court issued an opinion making the rule absolute. The opinion can be found at:

http://www.courts.state.co.us/Courts/Supreme_Court/opinions/2010/10SA164.pdf

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
View Results

Hernandez gets life in prison for Xbox murder

September 10th, 2010, 10:32 am by

Derek Hernandez

A jury today found Derek Lee Hernandez guilty on all counts in the first-degree murder of a 22-year-old developmentally disabled Colorado Springs man and the robbery of his Xbox video game system.

Shortly after the verdict, Fourth Judicial District Judge Deborah Grohs sentenced Hernandez, 23, to two mandatory terms of life in prison without parole plus 32 years for the robbery.

Stay tuned to gazette.com for details.

Scenes from the Xbox murder trial

September 9th, 2010, 3:34 pm by

Derek Lee Hernandez

 

A shocking web site

One interesting difference between the first-degree murder trial of Derek Lee Hernandez and the earlier trial of his co-defendant and brother-in-law Kyle Stott has been the use of a lurid Internet website as evidence.

The site has an expletive-laden name not worthy of repeating in a family newspaper (or blog.) It features lurid photographs of bodies in gruesome crime scene photographs, including decapitations and various severed limbs. One veteran detective who has seen plenty of crime scenes told me he found it shocking.

In the first trial, attorneys for Stott fought successfully to exclude evidence about the website. They argued – and 4th Judicial District Judge Deborah Grohs agreed – that while the site was accessed on Stott’s computer, there was no way to prove who was watching it.

Thus the jurors in that trial never heard about it. They still found Stott guilty of first-degree murder.

Fast-forward to the Hernandez trial, where his defense attorneys have used the traffic on the site to support their argument that Stott alone killed Jason Holley and that Stott’s sisters and mother tried to frame their client.

 In closing arguments today, defense attorney Edward Farry brought up the website.

“They looked at beheadings, beheadings, beheadings,” he told the jurors, “two different kinds of beheadings.”

Testimony during the trial indicated that Holley was killed by a blow from a blunt instrument that nearly decapitated him. Prosecutors contend it was an ax that belonged to Stott.

Senior District Attorney Shannon Gerhart countered by noting that Hernandez, who was living in the household at the time, also could have been looking at the website.

 “Every time that Kyle’s on the Internet looking at that disgusting stuff, Derek’s right there,” Gerhart said. “They’re not any different.”

As of 4:30 p.m. the jury was still out. Stayed tuned to gazette.com and the Sidebar for updates and the verdict.

Not quite live from the Hernandez murder trial

August 31st, 2010, 3:29 pm by

I had hopes of live blogging from the first-degree murder trial of Derek Lee Hernandez this week. Alas, it is not to be.

Fourth Judicial District Judge Deborah Grohs turned down the Gazette’s request for expanded media coverage of the trial.

I had requested to have a photographer in the courtroom and also asked if I could bring my laptop computer in order to file periodic reports on the trial.

This marks the first time I’ve been turned down on such a request in the year and five months that I’ve been covering courts for the Gazette.

“Typing on a key board in the courtroom, whether it is on a laptop computer or a cell phone is prohibited,” Grohs wrote in a one-page ruling. “The act of typing is disruptive and takes away from the dignity of the court proceedings.”

“Live blogging during court proceedings also jeopardizes the sequestration order that is in place,” she added. “No one, including members of the press, audience members, and attorneys on the case may type on a keyboard, blog, text message or e-mail from the courtroom.”

“If the court sees any violation of this Order, the laptop or cell phone will be confiscated and NOT returned to the owner.”

I don’t routinely request to live blog, but based on the earlier trial this summer of a co-defendant, the Hernandez trial likely will be an interesting case.

Thus I’ll do my best to blog about it, but it won’t be live. I’ll file my reports from the press room or elsewhere outside the courtroom.

Stay tuned.

Shaken baby syndrome revisited

August 27th, 2010, 2:47 pm by

What happens when a child abuse case is re-tried 15 years later and meanwhile the science has changed to the point where skeptics emerge?

That’s what’s about to happen when Cesar Deanda is tried later this year on a 1995 set of charges of child abuse resulting in death.

In May 1996, a El Paso County jury found Deanda guilty in the death of his then-girlfriend’s 17-month old son Donivan Bader. At the time, the victim’s family launched a public awareness campaign against what become known as shaken baby syndrome.

In September, the Colorado Court of Appeals ordered a new trial, ruling that Deanda’s attorney had a conflict of interest.

During a motions hearing earlier this week, Deanda’s public defenders indicated they intend to raise the issue of whether shaken baby syndrome was mistakenly applied in his case.

In recent years, there has been debate among doctors over the term. Here’s a fairly well-balanced story in the December 2008 edition of Discover magazine that explores the issue.

Also here is an article in the May 2009 edition of Pediatrics, the journal of the American Academy of Pediatrics, in which a committee of doctors recommended against using the term “Shaken Baby Syndrome” and instead calling it “abusive head trauma.”

How this plays out in Deanda’s trial remains to be seen. Fourth Judicial District Judge Deborah Grohs gave his defense attorneys a Sept. 17 deadline to file their motions and gave prosecutors until Oct. 1 to file their reply.

Stay tuned.

Justice takes a hike

June 9th, 2010, 2:22 pm by

The judge and lawyers in the first-degree murder trial of Kyle Sebastian Stott plan to take a hike together next week in north Cheyenne Canyon, west of Colorado Springs.

Prosecutors want to be able to show a jury the remote area where detectives last May found the decayed body of Jason Holley, a 22-year-old developmentally disabled man who had been missing since January 2009.

Police arrested Stott and Derek Hernandez in the murder.

During a motions hearing today, Stott’s attorney, Richard Bednarski opposed taking a jury on a field trip. He argued it could be too physically strenuous for some jurors and said they won’t be able to see much.

“When you’re up on the trailhead and look into the ravine, you can’t see where the body was located,” he said.

Bednarski also argued that the site will look much different than it did in winter when Holley went missing.

Fourth Judicial District Judge Deborah Grohs said she’s familiar with the area and has hiked there herself. But she wanted to take a look at the crime scene before ruling on whether a jury should go there.

“Wear hiking clothes,” she advised the attorneys.

If Grohs does approve the request, it would be the third murder trial in a little more than a year where the jurors visited a crime scene in El Paso County.

Last Spring, jurors in the trial of Salvatore Esquivel-Castillo visited a cliff southeast of Marksheffel Road where the body of a young woman was found. In May, the jury in the trial of Taylor Gwaltney visited the pedestrian bridge near Monument Valley Park, where a homeless man was murdered.

Retrial set for man accused in 1995 child abuse death

June 2nd, 2010, 12:58 pm by

For the second time in 15 years, a judge has ordered Cesar Deanda to stand trial on child abuse charges in the death of a 17-month-old Colorado Springs boy.

Fourth Judicial District Judge Deborah Grohs today found there was probable cause to try Deanda in the April 1, 1995 death of his then-girlfriend’s son Donivan Bader.

The coroner ruled that the death was the result of the child being violently shaken. A jury convicted Deanda in May 1996 and he was sentenced to 32 years in prison.

However in September the Colorado Court of Appeals overturned the conviction after ruling that his original defense attorney had a conflict of interest.

On Wednesday, the boy’s grandmother Mary Bader again testified during a preliminary hearing.

“You know what, it’s like it just happened again,” she said, after being assisted to the witness stand. “I remember every little detail.”

After the boy’s death, Bader led a campaign against child abuse in Colorado Springs.

For more on this story, stay tuned to Gazette.com Here is a videotaped interview with Bader outside the courtroom.

Please enable Javascript and Flash to view this Brightcove video.

Scenes from the Walden murder trial

March 2nd, 2010, 5:09 pm by

Here are some excerpts from today’s opening arguments in the first-degree murder trial of Mark J. Walden, who is accused in the March 28 shooting death of Jonathan Frazier.

First, Deputy District Attorney Andrew Bryant presented the prosecution’s case

“This is a case about a crime of opportunity,” Bryant told the jury panel of five women and nine men.

He described Frazier as “a marijuana dealer.”

“That’s what he did. That’s how he made his money,” Bryant said. But that didn’t excuse the murder.

He described the reaction of two men who followed Frazier to the parking lot of the Apollo Village apartments with the intent of buying some marijuana.

“They make a u-turn and see Jonathan’s car parked,” Bryant said. “At that point they hear two thumps and look and see Jonathan struggling to get out of the car.”

“They realize Jonathan’s been shot and that something bad is happening and they need to get out of there.”

As they pull away, the two men see the passenger emerge from Frazier’s vehicle, holding a gun. They hear two more thumps.

Bryant said Walden took a $100 bill from the bloodied floor of the vehicle. He skips town and catches a bus in Denver the next day to Grand Rapids, Michigan where local police took him into custody on his arrival.

A Colorado Springs detective traveled to Grand Rapids where she interviewed Walden.

Bryant said at first, Walden feigned shock at the news that Frazier or “Shorty” was dead.

“That’s terrible,” the prosecutor quoted Walden as saying. “Of all the people I bought marijuana from, he was just a really cool guy….I can’t believe he was shot.”

About 90 minutes into the interview, after the detective confronts Walden, he admits being the shooter, Bryant said.

“It took about an hour and a half to come clean,” Bryant said. “He finally says: OK, it wasn’t supposed to go down that way.”

Then Walden describes taking out his gun to adjust it when Frazier shouts, “oh hell no.”

“So I shot him,” Walden said, according to the prosecutor. “I wasn’t thinking. I just shot him.”

Of the two gun shot wounds to Frazier’s chest, one was at close contact, an autopsy revealed.

“Mark Walden put that gun directly on his chest and pulled the trigger,” Bryant said.

Of the 9 mm gun later found in the vehicle, Bryant said it was unloaded.

“It’s a completely useless gun,” he said.

“Ladies and gentleman,” he concluded, “this is a robbery gone bad.”

The Defense

Deputy Public Defender Dawn Williams presented the defense’s opening argument.

“This case is not about a crime of opportunity, it’s not about a robbery, it’s not about a drug deal gone bad,” she said.

“It’s about a young man who had relocated to Colorado…and who got caught up with the wrong crowd. And by the time he realizes this, it’s too late.”

On the night of the murder, she said Walden contacted Frazier about buying some marijuana.

Frazier said he was watching his son and suggested that they meet at his grandfather’s house where the two men meet, Williams said.

“Jonathan Frazier does something out of the norm. He offers Walden a ride back to the apartment,” she said.

Along the way, they meet up with two other men who want to buy a $10 bag of marijuana from Frazier.

He takes the $10, but rather than give over the marijuana, Frazier tells the two other men to follow him back to the Apollo Village apartments.

“You will hear that Mr. Walden begins to be nervous,” Williams said. “Jonathan Frazier acting out of character by giving Mr. Walden a ride heightened that nervousness,” she said.

Walden adjusts the revolver that stuck in his belt. At that point, Frazier “began reaching for this 9mm that Mr. Walden knows he has,” Williams said.

Walden takes out his gun and fires twice, Williams said.

“In terror, he flees the truck and down by the driver’s side tire,” she said. He picks up a $100 on the ground. He sees the other two men approach and flees.

“Mr. Walden is running,” she said. “His ears are ringing. His heart is pounding. His mind is racing.”

He runs south, leaving behind a wad of $1,000 on the console of Frazier’s vehicle as well as more than 9 ounces of marijuana in the vehicle and $1,170 in Frazier’s pockets.

“He runs south and he goes to the only place where he can be safe from Mr. Frazier and his friends, back home (to Grand Rapids).”

When the Colorado Springs detective arrives a few days later, Walden “doesn’t lie for 1 and ½ hours,” she said. It takes that long for the detective “to get to the heart of the matter,” she said.

“He breaks down and in an emotional moment, he tells the truth about everything,” she said.

“It wasn’t robbery. It wasn’t menancing,” she concludes. “And it certainly was not murder.”

Testimony in the trial resumes Wednesday. Fourth Judicial District Judge Deborah Grohs is presiding.