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Archive for the 'sexual assault' Tag

The week ahead

November 27th, 2010, 10:48 am by

Zeb Pike, court watcher

Hello court watchers,

The week ahead looks to an unusually busy one in the Fourth Judicial District with as many as three fairly high profile trials scheduled to begin Monday. Among them:

-Thomas Woolly, a Fort Carson soldier accused of manslaughter in the fatal shooting of a 19-year-old woman in a Colorado Springs apartment. Here’s an earlier story on the case.

-Aylais “Buddy” Oliver, a Security man accused of first-degree murder in the shooting death of his son during an argument over the Thanksgiving weekend in 2009. Here’s my most recent story on the case.

-Richard L. Riley, a parole officer accused of sexual assaulting a woman whose parole he was assigned to oversee. This is a retrial. Here’s a story from the first trial.

Also this week:

On Monday, Judge David Shakes is scheduled to rule on a request to exclude from evidence a videotaped interview with a 14-year-old boy accused of killing his younger brother and wounding their mother. Here’s my story about the case.

On Thursday, Judge Barney Iuppa is scheduled to impose a mandatory life sentence on Willie B. Allmon. A jury found Allmon guilty of the rape/murder of his 8-month-old grandson. This will be a chance for the boy’s mother and grandmother to have their say. Here’s my story on the verdict.

And on Friday, there’s a review hearing for Bruce Nozolino, the Colorado Springs anti-tax activist accused of killing one man in Stetson Hills and trying to kill his ex-wife’s divorce lawyer and the judge in the case. This is expected to be the first hearing where prosecutors outline their evidence against Nozolino. Here’s my most recent story on the case.

Keep in mind, trials and other hearings frequently are delayed or postponed. So what you see here may not happen. But even if only 1 or 2 of these trials gets underway, it will be a busy week.

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

John C. Ensslin

Legal Affairs reporter

The Gazette

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Allmon trial update: slain boy’s father testifies

October 27th, 2010, 9:34 am by

Deputy Public Defender Todd Johnson. Photo by Mark Reis/Gazette

 

Defendant: Willie B. Allmon

The allegation: Allmon, 52, is accused of the first-degree murder and sexual assault of his 8-month-old grandson Isiah Melik Wilson on May 18, 2009 while babysitting the child at the grandfather’s home near Widefield. The child died at Memorial Hospital the next day.

Status: Today is the third day of testimony

What’s happening: This morning jurors heard from Jarried Wilson, Isiah’s father.

Wilson is a sergeant in the U.S. Army. At the time of his son’s death, he was stationed at Fort Hood and living in Killeen, Tex. In May 2009, he and the child’s mother Felicia Allmon had separated. She had returned to Colorado Springs with her two children.

Wilson was on a training exercise with his unit in Texas on the day he got the message that his son had stopped breathing.

He described Felicia Allmon as a good mother. “She taught me how to be a better parent,” he testified.

Under cross examination by Deputy Public Defender Todd Johnson, Wilson recalled telling a detective that the child had suffered from a severe diaper rash the week before Felicia left Texas with her kids. Wilson said he believed the rash was the result of Felicia Allmon not changing their son’s diaper frequently enough.

Background: Willie Allmon’s attorneys contend the head injuries that killed Isiah could have been inflicted up to 12 hours before his death, raising the possibility that someone else may have killed him. Prosecutors claim the fatal blows were struck within an hour of Isiah being rushed to the hospital.

What’s next:  Felicia Allmon is expected to testify later today.

Stay tuned to The Sidebar blog for updates on the trial.

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Allmon trial update: what the coroner said

October 26th, 2010, 9:46 am by

Deputy District Attorney Laurel Huston, photo by Mark Reis, the Gazette

Defendant: Willie B. Allmon

Charges: first-degree murder, sexual assault on a child by a person in a position of trust

The allegation: Allmon is accused in the fatal beating and sexual assault of his 8-month-old grandson Isaih Melik Wilson, on May 18, 2009 while babysitting the child. The boy died the next day.

Judge: Fourth Judicial District Judge Barney Iuppa

Prosecutors: Laurel Huston, Melissa Young

Public Defenders: Cynthia Jones, Todd Johnson

Status: Today is the second day of testimony

What’s happening today: Jurors viewed post-mortem photographs of the boy’s injuries and heard from Dr. Ruth Kohlmeier, who performed the autopsy.

Kohlmeier testified that the child died of blunt force trauma to the head. His injuries were not accidental, she said.

Kohlmeier said she saw no evidence of any old injuries.  Wilson also had bruises on his back and buttocks, she said. All of the injuries would have occurred at about the same time, she said.

“Were the injuries consistent with a rolling off a bed?” Deputy District Attorney Laurel Huston asked Kohlmeier.

“No” the doctor replied.

“Were they consistent with an adult falling on top of the child?” Huston asked.

“No” Kohlmeier said.

Could they have been caused by the child accidently hitting a kitchen counter after someone dropped him the prosecutor asked.

Again, Kohlmeier replied no.  

All three of those scenarios were among the explanations that Allmon gave to paramedics and investigators after he called 911 to report a child having difficulty breathing.

Allmon’s public defenders will cross examine Kohlmeier this morning. She no longer works for the coroner’s office.

Stay tuned to “The Sidebar” blog for updates on this trial.

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The week ahead

October 17th, 2010, 11:20 am by

Zeb Pike, court watcher

Hello court watchers,

This promises to be an interesting week as a major trial gets underway and a ballot challenge plays out in court.

Jury selection is set to begin Monday in the first-degree murder trial of Willie B. Allmon, who is accused of sexually assaulting and killing his 8-month-old grandson in May 2009.

Once a jury is picked, however, the trial will recess until next week when testimony will get underway. Here’s my most recent post on the case.

On Monday afternoon, a Green Mountain Falls man is scheduled to be sentenced in U.S. District Court in Denver for his guilty plea to cultivating marijuana plants inside a commercial building in Colorado Springs. Here’s my most recent story on the case.

 Marijuana also will be the focus of a hearing on Thursday, when a group of medical marijuana businesses attempt to block a measure that the El Paso County Commissioners have placed on the Nov. 2 ballot. The measure would ban medical marijuana businesses in unincorporated El Paso County. Here’s a story on the lawsuit by my colleague Debbie Kelley.

Also on Thursday, a preliminary hearing is scheduled for two suspects in the first-degree murder of man killed outside a tacqueria/market owned by his son. Here’s our most recent story on the case:

Remember, court hearings often get postponed and rescheduled. So what you see here may not be what happens.

Do you know of an interesting case not mentioned here? Let me know. My e-mail is john.ensslin@gazette.com

Til then,

John C. Ensslin

Legal Affairs Reporter

The Gazette

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Appeals Court upholds conviction in 2001 rape

September 23rd, 2010, 3:41 pm by

Daniel Logan Hayes

 

The Colorado Court of Appeals today upheld the sex assault conviction of a man found guilty of raping a Green Mountain Falls woman in her home in 2001.

The three-judge appellate panel also ruled that 4th Judicial District Judge Thomas K. Kane properly labeled Daniel Logan Hayes as a “sexually violent predator” following his conviction in 2007.

 In 2007, an El Paso County  jury found Hayes guilty of third-degree sexual assault and second-degree burglary. Police said an intruder dressed in black and wearing a ski mask broke down the back door to the woman’s home.

The woman – who said she did not know Hayes – testified that she had sex with him after he blindfolded her with her own clothing. The intruder later led her to a shower and fled.

The cases went unsolved for four years until El Paso County Sheriff’s investigators were able to match Hayes’ DNA to evidence found at the crime scene.

Here’s a link to the story we ran during the trial:

http://www.gazette.com/news/lambert-23900-hayes-thought.html

Attorneys for Hayes had argued that Judge Kane allowed improper testimony about the victim’s credibility. They also argued there was no enough evidence to support the jury’s finding that the suspect used force against the victim.

The appellate judges disagreed and found no grounds to reverse the conviction in a 21-page unanimous unpublished ruling.

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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

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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

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Jury out in sex assault trial

February 8th, 2010, 12:30 pm by

A jury is deliberating the case of Bill Joe Brooks, a man accused of kidnapping and raping a mentally ill woman at knife point.

 

The crime allegedly occurred on April 26 at the Cedar Creek Apartment, 1070 S. Chelton Road. Brooks, 22, is accused of four counts of sexual assault, second-degree kidnapping, menancing, third-degree assault and first-degree criminal trespass.

 

In closing arguments, Brooks’ attorney argued that the sex was consensual and the rape was a delusion on the part of the woman, who is in her 30s and has schizo-affective disorder.

 

“Why doesn’t the evidence support her story?” asked Deputy Public Defender Michele Newell. “Why didn’t the neighbors call the police when they heard this woman kicking and screaming? Why? Because it didn’t happen.”

 

Deputy District Attorney Donna Billek countered that there is plenty of physical evidence to support the woman’s story.

 

“You know that neighbors don’t come running,” Billek told the 7-man, 5-woman jury. She reminded them of the bumps, bruises and bleeding later found on the woman’s body.

 

“This is a delusion?” Billek asked as she showed a diagram of the woman’s injuries. “That’s pain. That’s sexual assault.”

 

The trial started last Tuesday before 4th Judicial District Judge Ronald Crowder. The seven-man, five woman jury deliberated for about five hours Monday before recessing for the day. They are scheduled to resume Tuesday morning.

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Crash delays sex assault trial

January 4th, 2010, 2:31 pm by

The sex assault trial of a member of the 2008 U.S. Olympic judo team has been postponed until April while he recuperates from injuries sustained in a car crash in Florida.

 

Adler Volmar was in 4th Judicial District Court Monday to face charges that he sexually assaulted a 15-year-old girl in a Colorado Springs hotel.

 

See story here:

http://www.gazette.com/articles/volmar-54425-girl-springs.html

 

The case was continued, however, to April 23 after Judge David A. Gilbert learned that Volmar is on pain-killing medication as a result of the injuries he sustained in the crash.

 

In the meantime, Gilbert encouraged both sides in the case to undergo the mediation process.

 

“Talk to each other if you would,” Gilbert said.

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