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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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Xbox murder verdict reaction

September 10th, 2010, 2:32 pm by

Here is some reaction to a jury verdict today that found Derek Lee Hernandez guilty on all counts in the Jan. 5, 2009 first-degree murder of Jason Holley.

First, here’s some comment from Nick Holley, the victim’s brother:

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Next, here’s an interview with David Cortez, the jury foreman:

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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.

The Daily Docket

September 10th, 2010, 9:14 am by
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Know of a court story I ought to be covering? Let me know. E-mail me at john.ensslin@gazette.com

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.

The Daily Docket

September 9th, 2010, 10:56 am by
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Know of a court story that I ought to be covering? Contact me at john.ensslin@gazette.com

Update: Xbox murder trial jurors visit crime scene

September 7th, 2010, 10:42 am by

The crime: On May 8, 2009, Colorado Springs police recovered the partially decomposed body of a 22-year-old developmentally disabled Colorado Springs man who was discovered beneath some branches in a ravine in North Cheyenne Cañon.

The victim: Jason Holley had been missing since January 2009. He had Klinefelter’s Syndrome, a genetic disorder that left him with an extra-x chromosome. The condition left him lacking good judgment and social skills, prosecutors said.

The Defendant: Derek Lee Hernandez, 23, of Colorado Springs.

Prosecution contends: that Hernandez and his brother-in-law Kyle Sebastian Stott lured Holley up to the Cutler trail where they killed him with a knife and an ax, covered the body with branches and stole his Xbox 360 video game system. A separate jury convicted Stott of first-degree murder on July 16. He is serving a sentence of life in prison without parole.

Defense contends: that Stott, 19, is responsible for the murder and that some of Stott’s relatives tried to frame Hernandez after the murder.

What happened Tuesday: Dan Dilts, a Colorado Springs Police Crime Lab technician, showed jurors pictures of the crime scene and the trail leading up to it. Dilts said the body was impossible to see from the trail without standing on a rock outcropping. He also identified items found on the victim including sneakers, sox and the tattered remnants of boxer shorts.

What’s next: The jurors are scheduled to travel out to view the crime scene Wednesday morning. Testimony is expected to conclude later in the day with closing arguments on Thursday.

 

The Daily Docket

September 7th, 2010, 7:47 am by
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Know of a court story I ought to be covering? Let me know. E-mail me at john.ensslin@gazette.com

The Week Ahead

September 5th, 2010, 12:13 pm by

Zeb Pike, court watcher

Hello Court Watchers,

Here’s a preview of some of the cases I’ll be watching in court this week.

The first-degree murder trial of Derek Lee Hernandez enters its second week on Tuesday.

Here’s a link to the story I wrote on opening statements in the trial.

There’s also a motions hearing on Tuesday for Delroy Henry, a staff sergeant at Fort Carson who is accused of bilking his fellow soldiers out of thousands of dollars. Here a link to a story I wrote when the charges were filed.

On Wednesday, there’s a motions hearing for Robert Hull Marko, a Fort Carson soldier accused of killing a woman he met on the Internet.

Here’s the most recent story I wrote about Marko when he pleaded not-guilty by reason of insanity.

On Friday, there are several hearings. One is for Willie B. Allmon, a Widefield man accused of sexually assaulting and killing his 8-month-old grandson.

Here’s an update I filed after a judge ordered him to stand trial.

 There’s also a motions hearings for Landco Equity Partners executives Raymond Marshall and James Brodie, who are accused of theft and securities fraud.

Here’s a link to my most recent story about the case.

 And finally, Bruce Nozolino, the anti-tax activist accused of killing one man and trying to kill a judge and a lawyer, has a status conference on Friday.

Here’s the most recent story I wrote on the case, when a judge ruled Nozolino was entitled to a public defender.

Keep in mind, the docket and reality are not always the same. Many hearings get postponed or rescheduled.

Is there a case I’m missing here? If so, let me know. My e-mail is john.ensslin@gazette.com

The Daily Docket

September 2nd, 2010, 8:24 am by
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Know of a court story I ought to be covering? Let me know. E-mail me at john.ensslin@gazette.com