Zeb Pike, court watcher

Hello court watchers,

This will be a busy but abbreviated week for me in the 4^th 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

The week ahead is a post from: The Sidebar

Good morning court watchers,

This morning at 9 a.m. I’ll be watching a motions hearing for the couple accused in the death of a girl whose body was discovered buried beneath the crawlspace of a Monument home.

The hearing for Monique Lynch and Hanif Sims is before Fourth Judicial District Judge G. David Miller in Division 16. Public defenders for Lynch have filed a motion to supress evidence.

The two defendants are scheduled to face separate trials later this year.

Stay tuned.

The Daily Docket is a post from: The Sidebar

Zeb Pike, court watcher

Hello court watchers,

The Fourth Judicial District will be closed Monday in observance of Martin Luther King Jr. Day.

However, the rest of the week looks fairly busy. Here’s a peek at what’s coming up:

On Tuesday, at 10 a.m. in Division 8, Judge Theresa M. Cisneros is scheduled to sentence Liam Joseph Terry, who was originally charged with child abuse resulting in injury to his 14-month-old daughter. Here’s the story we wrote at the time of his arrest in January 2009.

On Wednesday, at 8:30 a.m. in Division 5, testimony resumes in the rape-murder trial of Fort Carson soldier Robert Hull Marko, who has pleaded not guilty by reason of insanity. I’ll be live blogging this trial during the week. Here’s my latest post.

Also on Wednesday at 8:30 a.m. in U.S. District Court in Denver, Judge Christine M. Arguello is scheduled to sentence a Fort Carson major who has pleaded guilty to accepting bribes while deployed overseas. Roderick D. Sanchez faces between 7 to 9 years in prison, but his attorney has asked the judge to consider a lesser sentence. Here’s my most recent story.

Wednesday is also the deadline for the District Attorney’s office to file charges in the case of a Chang Li, a Colorado Springs liquor store owner who was arrested in December on suspicion of attempted first-degree murder in the Oct. 25 shooting of a shoplifter who had fled the store with a bottle of vodka. Here’s our most recent story on the case.

On Thursday at 2 p.m. in Division 16, there is s a motions hearing for Monique Lynch and Hanif Sims, the couple charged in the death of a 9-year-old girl found buried in the crawl space beneath a home in Monument. Here’s my most recent story.

And finally on Friday, at 8:30 a.m. in Division 20, Robert Hunt makes his first appearance in District Court. Hunt was returned from Atlanta earlier this month to face charges in the fatal shooting of a man on July 30 outside the Cedar Creek Apartments. Here’s our most recent story.

Please bear in mind, court hearings frequently are postponed and rescheduled, so what you see here might not happen.

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

The week ahead is a post from: The Sidebar

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.

Ten trials to watch in 2011 is a post from: The Sidebar

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 court stories of 2010 (your picks) is a post from: The Sidebar

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.

Top 10 Court Stories of 2010 (you pick them) is a post from: The Sidebar

Zeb Pike, court watcher

Hello court watchers,

Here’s a peek at the week ahead in the Fourth Judicial District:

On Monday, the first-degree murder trial of Willie B. Allmon, the Widefield man accused of sexually assaulting and killing his 8-month-old grandson, begins its third week and the fifth day of testimony. Here’s my most recent post on the trial.

Also on Monday afternoon, there’s a sentencing hearing for Janet Hilton, who pleaded guilty to second-degree murder for stabbing her husband to death. Here’s my most recent story.  

On Wednesday, the first of three days of motions hearings are scheduled for Robert Marko, the Fort Carson soldier accused of killing one woman and sexually assaulting another. Marko, who pleaded not guilty by reason of insanity, is scheduled to go on trial next week. Here’s my most recent story.

On Friday, a preliminary hearing concludes for Hanif Sims and Monique Lynch, the couple accused in the death of a 9-year-old girl of a girl found buried beneath a home in Monument. Here’s my story from last week.

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

Do you know of a court story that I ought to be covering? Let me know. I can be reached at john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

The week ahead is a post from: The Sidebar

A detective testified there were other allegations of Genesis Sims being abused before the 9-year-old was buried beneath a house in Monument.

During Friday’s preliminary hearing for Hanif Sims and Monique Lynch, El Paso County Sheriff’s investigator Ralph Losasso described an interview he did in Los Angeles with Davon Lynch, Monique’s son. At the time, detectives were still searching for Sims and Lynch.

Losasso said the son told him that Sims and Lynch would make Genesis stand in a corner or stay in her room for hours. They would make her stand outside in the cold. The father would pick the girl up by the neck, hold her at eye level and drop her.

The detective said Davon Lynch also was able to identify the plaid nylon bag that contained Genesis Sims body. It was the family’s laundry bag.

Table that ruling

The day-long hearing began with a discussion of courtroom furniture. Lynch and her two public defenders had one table. Prosecutors had another.

That left Sims and his court-appointed attorney Matthew Werner sitting in the jury box, unable to spread out his papers and laptop computer like the other lawyers.

When Werner objected to not having a table,  Judge G. David Miller replied, “somebody has to be and I’m afraid that’s you.”

Miller, however, reconsidered and a third table was cleared off for Werner and Sims.

Keep it moving

The slow pace of the hearing during the morning prompted Miller to advise the  defense lawyers to stick to the purpose of a preliminary hearing: to determine if prosecutors have enough evidence to show probable cause.

“Let the DA put on the case and if they can’t put on the case, they lose,” Miller said just before the lunch break. “My good will on questions beyond the scope (of the hearing) is in peril right now.”

Things went a lot more quickly in the afternoon.

Scenes from the Sims/Lynch hearing is a post from: The Sidebar

Monique Lynch (left) and Hanif Sims (right)

Investigators conceded today they have no physical evidence to determine who killed Genesis Sims before burying the 9-year-old girl’s body in the muddy crawlspace beneath a Monument home.

But they do have the statements of the two suspects in the murder, each of whom have implicated the other.

A preliminary hearing is underway today to determine if prosecutors have enough evidence to try Monique Lynch and the girl’s father Hanif Sims in her death.  Lynch is accused of first-degree murder. Sims is charged with second-degree murder.

Genesis’ body was discovered on May 14, 2010 by two handymen who were digging a pit for a sump pump that afternoon in the dimly-lit crawlspace beneath a duplex at 764 Century Place, unit A.

One of the handymen testified this morning that they found the body in a triple-ply plastic and burlap bag buried about two and a half feet deep in the wet sandy soil.

The body was in a fetal position, said El Paso County Sheriff’s Sgt. Robert Jaworski, who oversaw the investigation. He said an autopsy was inconclusive as to the cause of death, but that it was a homicide.

Under cross examination, Sims’ attorney Matthew Werner asked Jaworski if “the only evidence you have that Sims’ hand caused the injury is from Mrs. Lynch?”

“At this point,” Jaworski replied.

Detectives interviewed both suspects after catching up with them in Henderson, Nevada. They had left Monument in early 2008 and lived for a time in a homeless shelter in Los Angeles.

In the Nevada interview and a subsequent one in Colorado Springs, Sims told investigators his daughter had died sometime between his birthday on Sept. 9, 2008 and Dec. 25, 2008.

Sims claimed he came home from getting cigarettes and heard Lynch yelling at his daughter. When he next saw Genesis, she was on her back, unresponsive and turning blue.

Sims claimed that after trying to resuscitate her, he suggested calling 911. But Lynch talked him out of it, he said. Sims said Lynch – who was five months pregnant at the time – reminded him that she had an outstanding arrest warrant in New Jersey and said she didn’t trust Monument police.

Jaworski also testified that while investigators were searching for the couple, he interviewed Hanif Sim’s aunt Nicky in New Jersey.  He said she told him of seeing bruises on Genesis and provided him a photograph she had taken of the injuries in July 2003.

Under questioning by Lynch’s Deputy Public Defender Cindy Hyatt, Jaworski acknowledged that occurred before Lynch and Sims became a couple.

Testimony is continuing this afternoon. Stay tuned to “The Sidebar” blog and gazette.com for details.

Suspects in buried child’s murder blame each other is a post from: The Sidebar

A handyman testified today how he and his partner made a grim discovery of a buried child while working in a crawl space beneath a Monument home.

Mark Michael had been trying to dig a new pit for a sump pump in the muddy dimly-lit space beneath the duplex apartment at 764 Century Place Unit A on May 14, 2010.

Michael was the first witness as a preliminary hearing underway for Monique Lynch and Hanif Sims. They have been charged in the death of 9-year-old Genesis Sims.

While digging through the wet sandy soil, Michael said he came across a black plastic bag buried about 2 and half-feet below the surface. When he felt the bag with his fingers, he realized it might be a body.

After his co-worker cut open the triple-ply bag, Michael said he saw an elbow and eyelashes. At that point, the two men crawled out of the space and notified the homeowner and police.

Lynch is accused of first-degree murder. Sims is charged with child abuse resulting in the death of his daughter plus concealing a body and tampering with evidence.

Testimony is continuing before Fourth Judicial Judge G. David Miller. Stay tuned to “The Sidebar” blog and gazette.com for details.

Worker describes dead girl’s body is a post from: The Sidebar