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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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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.

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.

 

Scenes from the Hernandez murder trial

August 31st, 2010, 4:33 pm by

A Sharper Opening

Deputy District Attorney Erik Lamphere has served as prosecutor in both the first-degree murder trials of Kyle Sebastian Stott and co-defendant Derek Lee Hernandez.

Lamphere made the opening statements in both trials. His approach today in the Hernandez trial, however, was significantly different. It seemed more anecdotal with more of a narrative approach.

For example, here’s a scene how he described the night of Jan. 5, 2009 as the two suspects drove 22-year-old Jason Holley to a remote spot in North Cheyenne Cañon    

“Kyle Stott asked not once but twice ‘what would it be like to kill somebody?,” Lamphere said. “The defendant (Hernandez) doesn’t answer because murder is on his mind as well.”

As in the first trial, Lamphere told the jury how Holly had been diagnosed with Klinefelter’s syndrome, a genetic disorder from having one extra x-chromosome. As before, he explained this left Holley with a lack of good judgment and difficulty in reading people. But then he added:

“He also had difficulty in reading evil.”

Lamphere said Holley “was always in the moment. Whatever was suggested he was all about that.”

Perhaps I missed those lines in the first trial, but today’s opening seemed a bit sharper.

 You be the judge. Here’s a link to the story on the opening statements in the Stott trial:

The Other Guy

Hernandez’ defense attorney Jennifer Stock took a similar approach to one used by Stott’s attorneys: pin the murder on the other guy.

“Derek Hernandez did not kill Jason Holley. Kyle Stott killed Jason Holley,” she told the jurors.

“Not only did Kyle Stott kill Jason Holley, but the Stott family pointed fingers and tried to frame Derek Hernandez,” she said.

She challenged the prosecution claim that the murder involved a stolen Xbox 360 game system.

Hernandez already had an Xbox, she said.

Kyle Stott was the defendant who had a fascination with knives, she added. He and a friend would practice using them on water balloons, she told the jury.

Unlike the earlier trial though, Stock said the defense will present evidence that showed that Holley “idolized” gangs and had gang graffiti in his room.

She also suggested that the reason why Holley was wearing only boxer shorts was because the purpose of going to the canyon with Stott was for “a sexual encounter up there in the woods.”

I don’t remember that theory being raised in the earlier trial.

The Daily Docket

August 31st, 2010, 8:30 am by
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Know of a court story I ought to be covering? Let me know. My e-mail is john.ensslin@gazette.com

No verdict yet in Stott murder trial

July 15th, 2010, 4:06 pm by

 

Kyle Stott

 

The jury in the first-degree murder trial of Kyle Sebastian Stott has recessed for the day without reaching a verdict.

The 7-woman, 5-man jury deliberated a full day and will resume Friday morning.

Stott is accused of killing Jason Holley, a 22-year-old developmentally disabled man, and leaving the body in a ravine in North Cheyenne Canyon west of Colorado Springs.

Stay with The Sidebar for updates and the verdict.

Witness in murder trial recants statement

July 9th, 2010, 5:44 pm by

This post from the first-degree murder trial of Kyle Sebastian Stott was written by Emery Cowan, who filled in for me today:

A conversation between Kyle Sebastian Stott and his friend, Zach Maynard, about the suspect’s role in the murder of Jason Holley never happened, according to Maynard’s testimony Friday in the first-degree murder trial of Stott. 

When the prosecution questioned Maynard about statements he made to Detective Shawn Peterson in May and October of 2009, the witness said he didn’t remember what he said to the detective. 

According to the prosecution, on May 8, 2009, Maynard told Peterson that he had had a conversation with Stott in which Stott told him he had killed a man by gagging him and beheading him with an axe. 

Maynard told the detective that Stott had said that he and another person walked up a mountain and dumped the victim’s body in a little snowy crevasse, the prosecution said.

When questioned about the validity of his statements to the police, Maynard eventually said that he had made up the conversation with Stott in order to get Det. Peterson to leave his house. 

In hindsight, he said, it wasn’t the smartest decision but thought it would be better than saying his friend was innocent, which he didn’t think would get him anywhere.           

“I know I lied to Detective Peterson,” he said.  “I kinda just went with it, I just said what he wanted to hear.”

Maynard, 16, attends Palmer High School and said he has known Stott for five or six years.  The two played video games that involved strategy and shooting, Maynard said, and would sometimes throw knives at soda bottles filled with water and use knives and axes to chop the bottles in half when they were done with them.

Detective: Stott implicated brother-in-law in murder

July 8th, 2010, 12:25 pm by

A detective told jurors today how a suspect in the murder of a developmentally disabled man denied any knowledge of what had happened, but then hinted that his brother-in-law might be involved.

Colorado Springs Police Det. Ron Lopez described the interview during the first-degree murder trial of Kyle Sebastian Stott.

Stott, 19,  is accused of killing 22-year-old Jason Holley in January 2009 and leaving his body in a ravine near Cutler Trail in North Cheyenne Canyon, west of Colorado Springs. His remains were discovered after Stott led officers to the site in May 2009.

Holley had Klinefelter’s syndrome, a genetic disorder that made it difficult for him to use good judgment and in reading people, prosecutors said.

Attorneys for Stott contend their client’s brother-in-law Derek Lee Hernandez is the person who killed Holley. Hernandez, 22, is awaiting a separate trial.

Lopez testified that during the interview, Stott looked straight at the detective and said, “I didn’t see Derek do it. I don’t know anything about it. But knowing Derek, Derek did something.”

Lopez also showed jurors a machete that police recovered from the Colorado Springs home where Stott lived with his mother, his two sisters and with Hernandez.

But under cross-examination by Stott’s attorney Eric Anaya, Lopez said he had not idea whether the weapon was involved in the murder.

Testimony is the trial is continuing. Stay tuned to The Sidebar for updates.

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.