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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

The Week Ahead

January 30th, 2011, 12:34 pm by

Zeb Pike, court watcher

 

Hello court watchers,

It looks like a busy week ahead in the Fourth Judicial District. Here are a few of the stories I’ll be watching.

On Monday, testimony is scheduled to resume in the trial of Jarrott Paul Martinez, a former Manitou Springs police officer accused of strangling his ex-girlfriend. Here’s my most recent story on the case. The trial is before Judge David Shakes in Division 4.   

Also on Monday, there’s a motions hearing scheduled at 9 a.m. before Judge Barbara Hughes in Division 13 for three men accused in the murder of a former soldier who was allegedly killed in a marijuana deal gone bad. Here’s my most recent story on the case.

Tuesday should see the end of testimony in the three-week long first-degree murder trial of Robert Hull Marko, the 23-year-old Fort Carson soldier accused in the October 2008 rape-murder of a 19-year-old woman.

The defense is expected to conclude by calling a psychiatrist to support Marko’s claim that he is not guilty by reason of insanity. Closing arguments are expected to follow in the afternoon.

I’ll be live blogging this trial, which is before Judge Larry Schwartz in Division 5.  Here’s my most recent story.

Also on Tuesday, testimony resumes in the child abuse trial of Jeremiah Lovato, who is accused of beating his former adoptive son. This trial, before Judge Robert Lowrey in Division 12, is expected to go to the jury by the end of the week. Here’s my most recent post.

On Wednesday at 9 a.m. there’s a sentencing hearing for Adan Viveros, who pleaded guilty to second-degree murder for killing one man and wounding a teenager during an April 12 shooting. Viveros faces a sentence of between 15 to 48 years in prison when he is sentenced by Judge David Gilbert in Division 7. Here’s my most recent story on the case.

Also on Wednesday at 1:30 p.m. there’s a preliminary hearing scheduled for Everett Harrington, who is accused in a shooting outside a Colorado sports bar. The hearing is in Division 15 before Judge Gregory Werner. Here’s our more recent story on the case.

On Thursday at 10 a.m. Judge William Bain in Division 22 is scheduled to sentence Jesus Bezada-Rodriquez, one of four men arrested in a shooting incident on Airport Road. Here’s our initial story on the case. 

Stay tuned to the Sidebar for updates on these cases during the week. But keep in mind that 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

Lovato trial update

January 28th, 2011, 7:00 pm by

Jeremiah Lovato

 

Defendant:  Jeremiah Lovato, 40, an El Paso County resident and maintenance worker for the Colorado Department of Transportation.

Charges:  Child abuse resulting in injury, sexual assault on a child, first-degree assault.

The allegation: That Lovato beat his 15-year-old adoptive son over a period of three years while they lived first in Craig, Co. and then in El Paso County.

Prosecution theory: That Lovato used a bloodied stick of lumber, a meat tenderizer and a belt to beat the boy whenever he failed to complete a list of household chores that the defendant had assigned him. Prosecutors also claim that Lovato stomped on the boy’s genitals, the basis for the sex assault charge.

Defense theory: Lovato’s attorney Shimon Kohn conceded in his opening statement that he client bears some legal culpability for the boy’s injuries. However, the defense attorney contends Lovato is not guilty of all of the 24 counts that the District Attorney has filed in the case.

Status: Friday was the third day of testimony.

What happened:  On Friday, crime scene technician Brian Annen showed the jury a section of brownish carpet taken from the basement of Lovato’s home.

Jurors also saw photographs taken after being sprayed with a substance that glows in the dark when it comes into contact with the iron found in blood. The photographs showed a blue glow throughout the middle of the carpet.

Under cross-examination by Kohn, Annen said the chemical has the same reaction when it comes into contact with bleach, horseradish, copper and animal blood.

What’s next: Testimony is scheduled to resume on Tuesday. The trial is expected to go to the jury by the end of next week.

Scenes from the Lovato trial, part two

January 27th, 2011, 8:10 pm by

The chore list

One of the exhibits in the trial is a hand-written list of chores that Jeremiah Lovato’s adopted son was supposed to do around the house. Some are in Lovato’s hand-writing, the boy said. Others he wrote down himself. Some of the chores are items such as:

Clean my room

Empty washer/dryer

Take a shower

Wash clothes

Clean bathroom

Wash truck/car

Dust house and furniture

Not all the chores were household items. For example, at the top of the list was an entry that read:

Read before bed out loud

At the bottom of the list, the boy had scribbled a note from his biology class. It read:

“Learning – the process in which an organism changes its behavior from making mistakes.”

Under questioning by Chief Deputy District Attorney Diana May, the boy said he didn’t mind doing chores.

“I was OK with helping out,” he testified. “but this was just overwhelming.” He added that it was difficult to do all the chores as well as his homework from school.

The apology notes

Prosecutors have also introduced into evidence several letters the boy wrote in which he apologizes for bad behavior.

Most of these were written when he and Lovato were sharing a small apartment in Craig, he said.

Almost all of them were based on what Lovato told him to write, the boy said.

“When would you write these?” May asked.

“When ever he told me to,” the boy replied.

May asked about one letter in particular.

In it, the boy wrote: “NO BLOCKING. Put my hands down because I only get what I deserve.”

“And I have to trust you,” the boy added.

 

The adoption woman

While father and son lived in Craig, the boy testified that a woman from the adoption service that paired Lovato and the boy would make monthly visits to see how they were doing.

At one point, the boy said she took him aside and asked how he had gotten some bruises she had observed.

“I used whatever excuse Jeremiah had made up for me to tell people,” the boy testified.

Later he added, “Jeremiah was always around when she was speaking to me,”

May asked, “Did you feel you could confide in her?”

“Somewhat, yes,” the boy replied. “But I was afraid to.”

What’s next

The trial resumes at 8:45 a.m. Friday when May is expected to continue her questioning of the boy.

Then Lovato’s defense attorney Shimon Kohn will have an opportunity to cross-examine him.

Stay tuned to the Sidebar blog for details.

Lovato trial update: teen describes abuse, threats

January 27th, 2011, 3:44 pm by

A 15-year-old boy is testifying this afternoon about beatings he suffered at the hands of his adopted father for three years.

The boy said the beatings started in January 2007 about two weeks after Jeremiah Lovato, a 40-year-old Colorado Department of Transportation worker, brought the youngster from Oklahoma to live in his apartment in Craig, Colo.

They continued after the father and son moved to Lovato’s home in El Paso County, the youngster said.

Chief Deputy District Attorney Diana May asked the boy about threats Lovato had made during this period.

“I can remember one particular threat,” the boy said calmly as he sat swiveling in the witness chair. “He (Lovato) said if he ever ends up going to prison because of me that when he comes out, he’s going to come looking for me.”

The boy’s testimony came during a trial in which Lovato is accused of 24 counts including child abuse, assault and sexual assault. The last charge stems from an allegation that he stomped on the boy’s testicles.

The Gazette, which does not normally identify alleged sex assault victims, is withholding the boy’s identity.

Stay tuned to gazette.com for the complete story later today.

The Daily Docket

January 27th, 2011, 9:40 am by
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Know of a court story I ought to be covering? Let me know. My e-mail: john.ensslin@gazette.com

Scenes from the Lovato trial

January 26th, 2011, 7:36 pm by

The defense in the child abuse trial of Jeremiah Lovato quickly acknowledged that the 40-year-old El Paso County man bears some culpability for his adopted teenage son’s injuries.

But that doesn’t mean that some of the 24 counts filed against Lovato won’t be closely contested.

That much was evident moments after Deputy District Attorney Mike Ringle began his opening argument by talking about the events leading up to Lovato’s arrest in January 2010.

“When this systematic torture came to an end…,” Ringle started saying.

That sparked an objection from Lovato’s attorney Shimon Kohn.

After a sidebar with Fourth Judicial District Judge Robert Lowrey, Ringle continued but made no further comments about torture.

Instead he told the jury, “Ladies and gentleman, what (the boy) suffered at the hands of Jeremiah Lovato was the epitome of child abuse.”

* * * *

Ringle went on to describe how the boy had been living with a foster family in Oklahoma when Lovato visited them as a prospective adoptive single dad.

The adoption went through. Lovato bought the boy an Xbox game system and brought him back to Craig, Colo.

For the first two weeks everything was fine, Ringle said, but then Lovato required the boy to clean the small apartment every day and if not he was hit with a belt.

“The boy will also tell you of an incident where because he wasn’t serving food quickly enough, Jeremiah hit him in the head with a meat tenderizer,” Ringle said.

The beatings usually happened in the basement of Lovato’s house whenever the boy failed to properly do his household chores, Ringle said.

He showed jurors a picture of a notepad recovered from the home that listed 15 chores the boy was to do.

He also showed them handwritten apologies the boy wrote for not being a good son, for not doing his chores quickly enough and “for interfering in Jeremiah’s life,” Ringle said.

* * * *

Kohn described how the adoption officials erred in placing the boy with Lovato in the first place.

But he didn’t use that as an excuse for his client’s actions.

“There have been a lot of mistakes made up until this point,” the defense attorney said. “But Mr. Lovato doesn’t dispute that the biggest mistake was made by him.”

Kohn went on to note thought that one evaluator noted that because of Lovato’s lack of experience as a parent, that children with special needs would not be appropriate.

And yet that’s exactly what happened, said Kohn, describing the boy as having ‘significant mental health issues.”

* * * *

El Paso County Sheriff’s investigator Cliff Porter testified Wednesday. He’s the lead investigator in the case.

Porter described how investigators found drops of blood spattered across the basement of Lovato’s apartment.

Blood drops were found on the sofa, the carpet, the side of a desk, a set of dumbbells and on the floor joists, Porter testified.

“We found it all over,” he said.

* * * *

The trial is set to resume at 1:30 p.m. Thursday when the boy is expected to testify. Stay tuned to the Sidebar blog for details.

The Daily Docket

January 26th, 2011, 10:17 am by
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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

The Daily Docket

January 25th, 2011, 8:45 am by
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Know of a court story I ought to be covering? Let me know. My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette