Courts

Content related to the courts in a generic way.

CatWhisperer's picture

Cited in Larimer County for MJ? DEMAND A JURY TRIAL

With the recent reports in the Coloradoan that the Fort Collins Police Department are going to continue to issuing marijuana citations, and the local DA is going to continue prosecuting petty marijuana cases, all I can suggest to the victims is to demand a jury trial and use the legal system to the fullest. You don't want any kind of convictions in your "file", because folks, this is the information age, and no information they have goes away. The information age is a two edged sword, but good, because it's going to clean up the act.

With Denver. Boulder, Arapaho, etc., counties figuring it out, I wonder why Larimer County can't. I would think money, regardless of the claims of Cliff Riedel, our new "elected" DA. Obviously, Amendment 64 is NOT retroactive. However, 

CatWhisperer's picture

Who's this guy's lawyer? Another great example of equal justice in the Eighth...

Reporter Herald Story: Bond set for man accused of Larimer County shooting
Coloradoan Story: Woman in critical condition after being shot in head south of Fort Collins

I'm talking about Mr. Ogaz-Montoya, who is out on a $75,000 bond ($11,250 if by bonds-person) for allegedly shooting his fiancée in the head, accidentally, and then apparently also assaulting his step-mother. My point to all this is who is the lawyer representing Ogaz-Montoya? This bond seems substantially lower than one would assume at this stage in the game, with the outcome for the victim unknown.

This is my reasoning for Ballot Initiative Idea 3:
Create a ballot initiative that mandates the regular collection and release of judge ruling statistics, to allow voters to monitor the performance of their judges as they are able to do with their politicians.

If there is some kind of

CatWhisperer's picture

The Bitch Slapping of Lady Justice in Larimer County. Again...

Sometimes I wonder if, to Godwinize myself early on, Goebbels and Hitler had it right, "... that the masses do not think." BTW, this is somewhat of an answer to the survey that the Judicial District is proposing to individuals who visit the Larimer County Courts, since I have to work.

Last year, an African American individual, Terance Wilson, punched another individual once in the head in Old Town, which individual died due to the fall after he was hit. There was no accident and it was totally intentional. Mr. Wilson was sentenced to, if I recall correctly, 32 years for the homicide via the habitual offender statute.

The other day as reported on the Fort Collins Coloradoan, below, a individual who stabbed his brother multiple times in a "horrible accident", Bryce Evans, will serve at most 2-6 years. Further, this Mr. Evans was implicated via DNA in the burglary of a residence. Those charges were altogether dropped. Really? Just because he negotiated a plea?

So how does one accidentally stab another in the

CatWhisperer's picture

Judicial Commission FlimFlam - No Public Hearings This Year

[May 29 Update] - I was wrong about Judge Field, after contacting the XD of the Colorado Office of Judicial Performance Evaluation. Judge Field doesn't come up for retention until November 2014. The process is also different than it appears from having attended hearings in 2010…

Apparently the Commission on Judicial Performance, which in 2010 was infested with wives of judges/ex-judges and other inappropriate individuals in the non-attorney positions, has decided to not have public hearings this year. In cahoots with that, neither are the local media outlets carrying that fact that the time is elapsing to get citizen input to the Commission. This is ESPECIALLY CONCERNING, in that the last day for input is this upcoming Tuesday, May 29, 2012.

One of the judges that must not be retained is Julie Junce Field. There is a questionnaire at www.coloradojudicialperformance.gov/questionnaires.cfm, for non-attorneys who have been affected or have participated in the process.

CatWhisperer's picture

A Feburary Homicide - or - Is Prosecution Here Based on What Faith You Have

On February 24, 2012 an individual was stabbed to death in Fort Collins. Allegedly by his brother. The names of the decedent was Andrew Evans, and the alleged assailant was Bryce David Evans. I bring this topic up because of the issue of equal justice for all in Larimer County.

I wrote the Denver Post about this last Sunday (April 22, see list at end of story). No response has been received. The stories are (downloaded and archived for posterity):
Possible murder charges in stabbing death
Fort Collins man allegedly stabbed by brother dies
News Release February 23. 2012 Fort Collins Stabbing

It is very strange that over two months down the road no apparent prosecution has occurred, the case has been sealed, the coroner is mum, and no further details have been released. Now contrast this with the case of Terrance Wilson, who was convicted of negligent homicide and second-degree assault on January 19, 2012. Or as opposed to the lady that justifiably shot her boyfriend in west Loveland, in which case the DA's office regularly

CatWhisperer's picture

Continued Discrepancy in Administration of Justice in Larimer County

Today I had my pre-trial hearing, however there is no way there could have been a “hearing” because it wasn't in open court. First though, trial is set for Wednesday, April 18, 2012, 08:30 hrs, with a status conference set for Wednesday, April 11, 2012, 13:30 hrs. Motions are due Tuesday, March 20, my second favorite day of this year .

Lets digress a bit first though. We're a Great Nation of laws, based on a Constitution who's premise is equality for all. Now I come from a generation were we said the Pledge of Allegiance in school, and nobody had a problem with it. Every day we said it in class before class started. It's last four words are “and justice for all”. We're also a Nation and State who's laws are based on logic and rules. An example of the rules are the Colorado Rules of Criminal Procedure. Understanding that we need rules to prevent anarchy, we all operate under then equally.

So I have a problem when the rules of the game are bypassed in what seems as a shortcut way to cheat due process:

  1. Rule 5(c)(2) requires that at the first appearance in county court the defendant shall be advised in accordance with Rule 5(a)(2)(I-VII). That has not occurred. What occurred is that you get a piece of paper that allegedly

Larimer County on Notice

The Wheels of Justice may turn slowly - but when they begin to turn it is a good idea to search your soul and decide on which side of Justice you want to be found.

Stacy Lynne - CGIA Notice of Claim

CatWhisperer's picture

Will There Ever Be Justice in The Broderick Case?

With the latest James Broderick court hearing evaporating into thin air, as reported by the Fort Collins Coloradoan below, we have to wonder. No longer is there even a semblance of the justice regular citizens get. An appeal has been filed, on the taxpayer dime, which is likely to last for two years due to case load if nothing else. Broderick is still on salary, on the taxpayer dime. What does Lt. Broderick do to merit being on a salary that most of us would envy in this current economic climate? Does the new Fort Collins Police Chief actually assign Lt. Broderick real police work (wouldn't have a problem then), or is he sitting on his ass at home drawing unjustified pay that NONE of us would get if we were in similar circumstances but not police officers? Will the Colorado Appeals Court expedite the proceedings to save the taxpayer money?

Is anybody adding this up? What is the sum total this is costing the taxpayer in the community. Who could almost buy a new Football Stadium with the amount of money this has cost. And is continuing to cost.

So come the 15th, when I respond to the summons for the ticket from the Larimer County Workforce Center, you can bet that I'm going to demand the same kind of FULL justice that Mr. Broderick gets to enjoy. I also think

There Is A Reason for FOIA Laws

Would I feel safe if I lived in Ft. Collins?

In a word, No.

I don’t trust liars.

When Stacy Lynne was being stalked, threatened and harassed by the biological father of her son she went to the Larimer County Sheriff’s Dept. with multiple forms of evidence.  The case was assigned to Detective Sgt. John Feyen, the “Crimes against Persons” Go to Guy.  Apparently, after meeting with someone in the District Attorney’s office it was decided  the evidence did not meet the burden of proof.

November 15th Permanent Orders Hearing in Courtroom 3A.  Sgt. John Feyen was being questioned by one Amy Antommaria, Counsel for the biological father.  She asked him questions regarding the complaints of Stacy Lynne against the behavior of the biological father.  It went like this (from the official Court Transcript):

Q: Do you believe that the accusations and the information that was provided to you

CatWhisperer's picture

BEEKEEPER BLOG - Looks bad for Mr. Gilmore

But that is what the preliminary hearing is all about, showing that there is enough evidence to bring things to trial. Obviously, there is. Convictions, however, don't occur at preliminary hearings, and those hearings are biased predominantly for the prosecution. There not much defense counsel input into them.

Looking at what was reported on the Coloradoan story quoted below, the most damaging piece of evidence is the watch. How did the watch get to be in the area? I won't get into conjecture on that one point, because that is a crucial piece of evidence. Kind of like homie's broken hand that didn't hit nobody. Some thoughts on everything else though:

  • The burns are probably explainable. One possible reason is manufacturing charcoal.
  • There's any numerous reasons for having a bandage on the hand.
  • Was there clothing with accelerant smell on them or evidence of combustion. Some forensic chemical analysis of clothing similar to what they do when they test for gunshot residue.
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