The Sidebar ~ Scenes from inside the El Paso County courts

Archive for the 'richard riley' Tag

Sidebar honored

April 24th, 2011, 6:32 pm by

Not to brag, but The Sidebar blog won a pair of awards in the Society of Professional Journalists’  Top of the Rockies Contest.

The Sidebar took first place for Best Blog.

And the Sidebar’s live blog coverage of the trial of a parole officer accused of sex assault won second place for best online coverage of a live event. A jury ultimately acquitted Richard L. Riley of the charges. Here’s a link to the live blog.

The Top of the Rockies contest includes newspapers from Colorado, Utah, Wyoming and New Mexico.

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

The Daily Docket

December 13th, 2010, 11:03 am by
Please enable Javascript and Flash to view this Brightcove video.

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

The Week Ahead

December 12th, 2010, 9:22 am by

Zeb Pike, court watcher

Hello court watchers.

Here’s a peek at the week ahead in the 4th Judicial District.

Two trials are expected to wrap up this week.

Jury deliberations resume Monday morning in the sexual assault trial of Richard L. Riley, the former parole officer accused of having sex with a female parolee.

Here’s my most recent story.  

On Tuesday, testimony is expected to conclude in the manslaughter trial of Thomas Woolly, the former soldier accused in the fatal shooting of a 19-year-old Colorado Springs woman. Here’s my most recent story.  

On Wednesday, there’s a plea hearing scheduled for Terri Thomas, the veteran court employee accused of identity theft. Here’s my most recent post.

On Thursday, there are hearings for two suspects in the fatal shooting of a 62-year-old man outside El Ranchito restaurant. Here’s our most recent story.

On Friday, an arraignment is scheduled for the couple charged in the death of a 9-year-old girl found buried beneath a Monument home. Here’s my most recent story on the case.  

Also on Monday, be sure to check out my story in the Gazette on efforts to repair a statue of William Seymour, the first African-American juror in El Paso County. A suspected drunk driver allegedly rammed the statue in July.

Please keep in mind my usual caveat: cases on the docket do not always happen as scheduled. So what you see here may be postponed.

Do you 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

The Daily Docket

December 10th, 2010, 11:52 am by
YouTube Preview Image

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

Scenes from the Riley trial

December 9th, 2010, 2:05 pm by

Richard L. Riley

Here are some excerpts from the closing arguments at the sexual assault trial of Richard Lumar Riley, the parole officer accused of having sex with a female parolee.

(Note to readers: Be forewarned. Some of arguments are fairly graphic in nature.)

In keeping with the Gazette policy on alleged sex assault victims, I am withholding the name of the woman.

‘Hold him accountable’

First, the argument made by Deputy District Attorney Jennifer Viehman:

“The real issue here is whether Mr. Riley used his position to coerce (the woman) to submit.”

“…He didn’t meet her at Whole Foods. He didn’t meet her at the wine club. He didn’t meet her at the bar….He could sleep with anyone in the entire world, except her.”

Viehman described how Riley gradually broke down the professional boundaries that normally exist between a parolee and a parole officer.

She reads off a set of alleged quotes by Riley that the victim testified to during the trial:

“If only I’d met you under different circumstances.”

“You look hot.”

“See what you do to me? (grabbing his crotch) You make me hot.”

Viehman then added: “There is no more line any more. He has crossed completely over that line and there is no where else for (the woman) to go.”

The prosecutor talks about how some of the coercion worked to the woman’s advantage, especially after an episode where she got drunk on a business trip to Las Vegas.

“I’ll make parole easy for you,” Viehman quoted Riley as saying.

“He does nothing about this huge relapse. Nothing! Does he send her in for that? Does he express any concern? No. Nothing. Let it go.”

Then Viehman quotes from Riley’s own report on the woman:

“Subject would be a good candidate for early release from parole.”

Viehman quotes Riley as telling the woman “You’re not going back to DOC (Department of Corrections.)

“Nice reminder.” Viehman said. “Who’s in control? Who holds the key? He does.”

Viehman said the implicit message that Riley sent to the woman was this: “If I’m going down, I’m taking you with me.”

“This is about him,” she told the jury. “Hold him accountable.”

Sebasti Adams

 

‘Her ace in the hole’ 

Next, Riley’s defense attorney Sebasti Adams offered her closing argument:

She accused investigators with the Colorado Springs Police and the Department of correction of doing an “incompetent” investigation.

“This is an example of them trying to fit a square peg into a round hole,” she said.

 “…(The woman) was very clear from the get go who she wanted to target: my client.”

Adams questioned why the woman could not remember the dates of the alleged sexual incidents.

“…This isn’t a matter of what (the woman) feels and thinks. It’s a matter of what my client knows.”

She suggested the woman’s ability to describe the Denver motel room where the second incident allegedly occurred could have been the result of her looking through the room’s window during a visit to the hotel with a victim’s advocate.

Adams also reminded jurors that the woman’s boyfriend admitted on the witness stand that he also had stayed at the same motel.

Part of the prosecution’s case was that the woman was able to correctly describe Riley as being “uncircumcised.”

Adams suggested that could have been the result of parole officers and male parolees sharing the same bathroom.

“Parolees talk,” she said.

She also noted that among  African-Americans such as Riley, the woman had “a 50-50 shot” if she had guessed he was uncircumcised.

Adams reminded the juror’s of the woman’s five felony convictions and her two convictions for false reporting.

The defense lawyer also talked about a trip the woman made to Las Vegas where she became intoxicated and later claimed she had been drugged and raped. She also claimed her credit card had been stolen although it later turned up.

Adams urged the jurors to listen again to the tape-recorded phone call that the woman made to Riley while a detective listened in.

“You listen and make your own decision,” she said. “But listen carefully to what’s going on.”

By raising the sex assault allegations, the woman was able to skip out of some requirements of her probation, Adams said.

“She was allowed, pretty much, to just walk away,” Adams said. “It was her get-out-of-jail card, her ace in the hole.”

Adams suggested that the woman also raised allegations out of fear of losing her boyfriend, a U.S. Army officer who was about to retire.

“It was her way of reassuring her sugar daddy – who was upset that she had cheated on him – that everything was OK.”

“Ladies and gentlemen, this is a woman who has used and abused the system her entire life.”

Adams asked the jury to find Riley not guilty of all charges.

‘A good guesser’

Deputy District Attorney Donna Billek had the last word in her rebuttal argument:

She urged jurors not to pay attention to some of the “distractions” raised by the defense, such as the woman’s behavior while in Las Vegas.

“The incident in Las Vegas? Who cares?” Billek asked. “This has nothing to do with the other incidents.”

“It also shows that her parole officer did nothing about it,” she added.

She described the “hot UA” or positive results on a urine analysis of the woman as being another form of leverage that Riley held over her.

“Who’s got the ace in the hole? The defendant does,” Billek said. “If he can’t control her, he’s using it.”

“You may not like her,” Billek said of the woman. “But you know that she’s not the mastermind that the defense wants you to believe.”

Billek ridiculed the idea that somehow the woman had a 50-50 chance of knowing that Riley was uncircumcised.

“She’s just a great guesser,” Billek said.

She also derided the idea that somehow other parolees noticed that while standing next to Riley in the bathroom.

Stay tuned to the Sidebar for the verdict in this trial

The Daily Docket

December 9th, 2010, 8:46 am by
Please enable Javascript and Flash to view this Brightcove video.

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

Riley trial update

December 6th, 2010, 9:46 am by

Richard L. Riley

 

Defendant: Richard L. Riley

Charge: Sex assault

Allegation: Riley is a parole officer is accused of having sex with a female parolee at her Colorado Springs apartment and at a Denver motel. Riley’s attorneys say the alleged incidents never happened.

Judge: Fourth Judicial District Judge David L. Shakes

Defense attorneys: Gregory Maceau and Sebasti Adams

Prosecutors: Jennifer Viehman and Donna Billek

Status: The trial has entered the fifth day of testimony.

 

What’s happening: A Colorado Springs detective is testifying about a “pretext” call that the parolee made to Riley while police listened in. During the call, the detective said Riley never denied the parolees statements about having sex with her.

What’s next: Testimony is expected to continue through the week.

The week ahead

December 5th, 2010, 10:44 am by

Zeb Pike, court watcher

Hello court watchers,

Several Sidebar readers wrote Friday to ask what happened to the updates on the three trials underway in the Fourth Judicial District.

The simple answer is this: it got just crazy busy on Thursday and Friday with non-trial stories such Willie Allmon’s life sentence for the rape/murder of his 8-month-old grandson.

This week, however, looks to be a lot less hectic. So on Monday, I’ll turn my attention back to the defendants whose trials began last week. They are:

-Aylais “Buddy” Oliver, the 77-year-old Security man accused of first-degree murder in the shooting death of his son Keith. Click here for my most recent post.

-Thomas Woolly, the Fort Carson soldier accused of manslaughter in the shooting death of a 19-year-old Colorado Springs woman.  Here’s my most recent post.

-Richard Lumar Riley, the parole officer accused of sexually assaulting a female parolee. Here’s my most recent post.

I have permission to live blog from all three of these cases and expect to do so. So stay tuned to the Sidebar for the latest news.

Also this week, on Monday, there’s a motions hearing for Damian Gradeless, one of two men accused in the shooting death of a former Fort Carson soldier.

Here’s my most recent update on the case.

On Tuesday, there are separate court appearances for John and Martin Marshall, the father and son accused of drug possession charges. Here is my most recent story about their cases.

On Wednesday, a preliminary hearing for Ishmael Shelton is expected to conclude. Shelton is accused in the fatal stabbing of a 27-year-old Colorado Springs woman. This is a continuation of a hearing from last week. Here’s our most recent story.

On Thursday, there’s a motions hearing for Jason and JoBeth Bomsta, the husband and wife accused in the death of a man found suffocated north of Garden of the Gods. Here’s my most recent update on the case.

Keep in mind that 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 email is john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

Live from the Riley trial: accuser testifies

December 1st, 2010, 2:18 pm by

Richard L. Riley. Photo by Mark Reis, The Gazette

Hello court watchers,

This is John Ensslin, legal affairs reporter for the Gazette. 

This afternoon, I’ll be live blogging from the trial of Richard L. Riley, the parole officer accused of sexually assaulting a female parolee.

The woman who brought the allegations against Riley is on the witness stand.

The woman claims she had sex with Riley twice, once at her Colorado Springs apartment and later as a Denver motel.

Riley’s lawyers say the incidents never happened.

The Gazette, which normally does not identify alleged sex assault victims, is withholding her identity.

 Click here for a story from August, when the woman testified at Riley’s first trial. That trial ended in a mistrial.

Prosecutor Jennifer Viehman is asking the woman about the incident at her home.

Viehman asks if the woman ever said no to the sex.

No, she replies.

“Why not?” the prosecutor asked

“Cause I was scared that I’d go back to prison,” she replied. “And at the time, I didn’t want to ruin his career. I felt sorry for him.”

“He, in my view, was the best parole officer I’d ever had…and I liked him.”

Viehman asks why the woman eventually came forward with her allegations.

“I couldn’t live with the guilt anymore,” she said.

“Were you trying to get out of a hot U.A. (a urine nalysis that detected drugs or alcohol, which could have resulted in a revoked parole)

“No” the woman answers, covering her eyes and weeping.

“Has this been a difficult process for you?” Viehman asks.

“Yes,” the woman replies.

The prosecution has finished questioning the woman, who has been on the witness stand most of the day.

The court has taken a 10 minute break. When we resume, Riley’s lawyers will have a chance to cross examine the woman.

Gregory Maceau. Photo by Mark Reis, The Gazette

We’re back.

Defense attorney Gregory Maceau is cross-examing the woman about her criminal history.

She admits to experimenting with drugs by age 15 and getting her first felony conviction in 1994.

She said she can’t remember everything from that period.

“I was a full-blown drug addict at the time,” she says.

Maceau also asked about other charges including false reporting and vehicular assault on a police officer.

“You ran over the officer’s foot while trying to avoid arrest?” Maceau asks.

“Yes,” the woman sobs.

Maceau asks why she didn’t tell someone about her situation with Riley, specifically an 83-year-old former police officer whom she had befriended.

“You could have gone to him?” Maceau asks.

“Why would I do that?” she replies.

“Well, you claimed you were trapped,” he says.

“I didn’t know who to trust,” she says.

Maceau asks about the alleged incident at the Denver motel.

He asks why, if Riley’s appearence at her workplace in Denver that day was a surprise, would he arrange to get a motel?

“Your guess is as good as mine sir,” she replies.

Then why did she go? Maceau asks.

“He’s my parole officer. I do what he tells me to” she replies.

Maceau asks about the sex at the motel.

“You’re reciprocating. You’re as passionate as he is? the lawyer asks.

Yes, she replied.

Maceau asks if she wanted to have sex that day.

“I was torn,” she replies. “Because I didn’t, but I did,” she answers.

Maceau asks if she previously testified that “You wanted to prove to him that you weren’t wearing a wire, so you took all your clothes off?”

Yes, that sounds right, she says.

The woman has asked for a break.

 I’ll end this live blog segment here so I can check on the other two trials also underway.