SandBoxBlogs: Aspen Daily News "Lofgren relatives seek to unseal evidence used in grand jury probe"

Chad Abraham:
"The attorney for relatives of the Denver family who died from carbon monoxide poisoning in a mansion east of Aspen in 2008 is seeking to unseal grand jury evidence for use in their civil lawsuit.

The deaths of Parker and Caroline Lofgren and their young children, Owen and Sophie, sparked a year-long grand jury investigation that led to felony charges against two Pitkin County building inspectors and a Glenwood Springs business owner.

Chief Judge James Boyd of the 9th Judicial District in November dismissed the criminal cases against former county inspector Erik Peltonen and Marlin Brown, the owner of Roaring Fork Plumbing and Heating (the misdemeanor case against the other county worker was dismissed earlier). The cases were dismissed because of a statute-of-limitations issue.

The ruling freed the civil lawsuit, which had been stayed until the criminal case had been resolved, to resume.

Denver attorney William Hansen is representing Hildy Feuerbach, Caroline Lofgren’s sister; Jean Rittenour, the mother of Parker Lofgren; and Frederick Feuerbach, Jr., the father of Caroline Lofgren. Hansen filed the petition to unseal the grand jury material on Friday in Pitkin County District Court.

“We want to see everything” that Chief Deputy District Attorney Arnold Mordkin used in the criminal prosecution, Hansen said Monday. Mordkin does not oppose the release of the material but cannot do so without a court order, Hansen said...."  (Read more?  Click title)

Reminders of SandBox 'Rules, Regs and Worth':
http://sandboxcommentators.blogspot.com/2012/04/sandboxblogs-note-from-nanny-some.html
http://sandboxcommentators.blogspot.com/p/rules-regs-worth-and-time-outs.html 

Disclaimer:  "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that

there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. All 9th Judicial news articles are DA Beeson's articles )"

SandBoxBlogs: Aspen Daily News "Brooke Mueller ordered to pay more than $2,400 in court costs"

Chad Abraham:
"Brooke Mueller, ex-wife of actor Charlie Sheen, was ordered on Monday to pay more than $2,400 in court costs and sentenced to a year of supervised probation for possessing cocaine in Aspen in December.

The Los Angeles resident listened to her sentence on the phone from Utah, where she is in drug rehabilitation. Mueller, who was originally charged with possession with intent to distribute, received a one-year deferred sentence. She also must complete 24 hours of community service in California.

She pleaded guilty in March to possessing less than 4 grams of the drug as part of a plea agreement that saw the distribution count and a misdemeanor assault charge dropped.

Mueller was arrested Dec. 3 after police say she punched a woman in the back during a concert at the Belly Up. She had 3.8 grams of cocaine in her wallet and told officers she “bought that coke for all my friends, I was just trying to impress them,” according to a police report. That led to the distribution charge.

During her arrest on the Hyman Avenue mall, police said Mueller became belligerent, screaming, “You think you have power, you will see,” and poking an officer in the chest, the report says.

Judge Gail Nichols of Pitkin County District Court ordered Mueller to pay a $1,500 drug offender surcharge, a $600 probation supervision fee and $326 to two victim funds, among other fees...."
(Read more?  Click title)

"Unapologetic pursuit and tracking of patterns within the news others make since 2010."

Reminders of SandBox 'Rules, Regs and Worth':
http://sandboxcommentators.blogspot.com/2012/04/sandboxblogs-note-from-nanny-some.html
http://sandboxcommentators.blogspot.com/p/rules-regs-worth-and-time-outs.html 

Disclaimer:  "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. All 9th Judicial news articles are DA Beeson's articles )"

SandBoxBlogs: Aspen Daily News "Attorneys clash over possible sanctions in Belly Up bomb case"

Disclaimer: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. All 9th Judicial news articles are DA Beeson's articles ) "

Chad Abraham:
"Among the issues is when the interview was turned over by Aspen police to the district attorney’s office, and when the prosecutor’s office either gave a copy of the interview to Fang or alerted her to its existence.

The Aguilera-Pimentel case involved an “abuse of discretion” by the district attorney’s office, Fang said, adding that she feels the court of appeals is unlikely to overturn Nichols’ sanctions.

Nichols, in issuing those sanctions, cited five cases involving pretrial violations, and Fang said that determination of a pattern of missteps has continued with Robinson’s case. Nichols should not “back step” from her previous ruling against prosecutors because, in the current case, “the identical violations could not be more striking,” Fang said.

Fang argued that sanctions should rise again to the point of suppressing key evidence — in this case the interview between Robinson and MacAyeal and photos that allegedly show injuries the defendant received during his arrest — because they were provided too late.

Both pieces of evidence are exculpatory, or statements that are favorable to Robinson, who apparently told MacAyeal that he initially thought he was being “jumped” and, afterward, that he thought he was being arrested for resisting arrest, and not for the bomb-threat allegation. Police photos of the injuries that allegedly were not turned over in a timely matter back up Robinson’s story, Fang argued in the motion to dismiss, which ought to lead to outright dismissal of the case, she said.

Mordkin, however, said Nichols should not enforce sanctions that end up again in a dismissal. Prosecutors in the 9th Judicial District have made it their practice to turn over to defense attorneys what is required, he said......"  (Read more?  Click title)

"Unapologetic pursuit and tracking of patterns within the news others make since 2010."

SandBoxBlogs: Aspen Daily News "News in brief"

Disclaimer: "Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. (We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. All 9th Judicial news articles are DA Beeson's articles )" 


Aspen Daily News:
"Laurie Reno, 30, who was also accused of faking the doctor’s name in an attempt to get a prescription drug from Carl’s Pharmacy, quietly pleaded guilty to a felony count of uttering a false or forged order.

Judge Gail Nichols of Pitkin County District Court approved the sentence, which involves one year of unsupervised probation so Reno can go to an inpatient treatment program in California. After a year in the program, she must then contact the Pitkin County probation office for another year of probation that will be supervised.

Reno’s attorney, public defender Tina Fang, said her client pleaded guilty even though there were “factual issues that warranted her having the prescription.”

The case was also “ripe with suppression issues,” Fang said, because Reno, when she was arrested April 4, invoked her right to an attorney and Aspen police officers continued to question her.

“This seems to another case of the Aspen Police Department not understanding 4th and 6th Amendment procedures,” the attorney said. She added that the supposed factual and suppression issues likely factored into the decision by Chief Deputy District Attorney Arnold Mordkin to offer the plea agreement.

But Mordkin said that was not the case...."
(Read more? Click title)


"Unapologetically pursuing and tracking patterns within the news others make since 2010."

SandBoxBlogs: Aspen Daily News "Man charged with felony after alleged heroin overdose"

Should the folks feel outrage at Chief Deputy District Attorney Arnold Mordkin's remarks regarding heroin in the Valley, or should they just feel anger?

For the past few years, as drug and related law enforcement issues have spiked in the area, avatars in commentary have been pushing hard with questions for 9th Judicial prosecutors.  Such as, where are the task forces to take on these major crime problems?  Why don't court officers such as Richard Nedlin know that Red Door in Aspen is it for rehab and it's on its knees with overcrowding and meager funding?

Let's give Chief Deputy Mordkin a hand with his research regarding heroin in the area. Help him get up to speed so that the next time he quotes for the press he can have some factual information to rely on:

http://sandboxcommentators.blogspot.com/2012/03/sandboxblogs-grand-junction-daily.html

http://sandboxcommentators.blogspot.com/2012/02/sandbox-comments-krex-news-5-heroin-use.html

http://sandboxcommentators.blogspot.com/2012/03/sandboxblogs-steamboat-today-heroin.html

http://sandboxcommentators.blogspot.com/2012/03/sandboxblogs-steamboat-today-charges.html 

Chad Abraham:
"In Pitkin County District Court, Judge Erin Fernandez-Ely, filling in for Judge Gail Nichols, advised Lee that he is charged with felony possession of less than 4 grams of a controlled substance and a misdemeanor count of unlawful use of a controlled substance.

As part of his $2,500 bond, Lee will be able to travel to Southern California, where he is originally from. His next court date is June 4.

Arnold Mordkin, chief deputy district attorney, said heroin cases are unusual for the upper valley. The last local case involving the drug was that of an Aspen man who pleaded guilty to attempted distribution of a controlled substance in 2009. He was arrested after police said he provided heroin to a man visiting Aspen who died in 2008 after using that drug and cocaine.

Olson said Tuesday that heroin is not unheard of in Snowmass Village.

“We have it bubble to the surface from time to time,” he said. “Every time it does, people self-destruct pretty quickly.”

Police know the drug is used occasionally, but it’s usually not long before users overdose or are “whisked away” by family members for treatment, Olson said.

“It’s been a self-correcting problem so far but it’s also concerning,” he said. “It’s a brutal drug.” ..."
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"Unapologetically pursuing and tracking patterns within the news others make since 2010."

SandBoxBlogs: Aspen Times "DA won't charge driver in death of pedestrian near Aspen"

Rick Carroll:
"Chief Deputy District Attorney Arnold Mordkin said the decision was made Friday after a districtwide meeting with prosecutors from Garfield, Pitkin and Rio Blanco counties. Mordkin, whose Pitkin County office would have filed the charges, said he did not want to make the decision public until Tuesday. The prosecutor said he notified the mother of victim Joanie Marie Kocab about the decision Monday evening.

“The public should feel comfortable in the fact that one person didn't make this decision, but it was a group decision,” Mordkin said...."  (Read more?  Click title)

"Unapologetically pursuing and tracking patterns within the news others make since 2010."

SandBoxBlogs: Aspen Daily News "Belly Up bomb threat suspect likely to be tried"

Chad Abraham:
"A judge said on Monday that she will likely rule there is enough evidence to bind over for trial a Glenwood man who allegedly called in a bomb threat regarding the Belly Up to get into a sold-out concert.

After a nearly two-hour hearing in Pitkin County District Court, Judge Gail Nichols ruled that there is probable cause to believe Asa Robinson, 30, assaulted Aspen police officer Gregg Cole on Nov. 22.

Robinson is charged with two counts of assault of a peace officer and false reporting of explosives. Nichols only ruled on one of the assault counts, saying she wanted to study a custody issue related to the other charge and a hearsay issue related to the false reporting count.

Cole testified on Monday that he went to the Belly Up after the bomb threat was called in to the county emergency dispatch center around 9:40 p.m.

The center’s phones have caller ID, and another officer, using the number, was able to get Robinson’s account information from Sprint, the cell-phone carrier, Cole said. Robinson’s photograph was on file at the police department from “previous contacts,” the officer said...."
(Read more?  Click title)

"Unapologetically pursuing and tracking patterns within the news others make since 2010."

SandBoxBlogs: Aspen Daily News "Former Snowmass man gets four years probation in marijuana-mailing case"

Chad Abraham:
"Saying she was giving a former Snowmass Village man a “huge break,” an Aspen judge on Monday sentenced the three-time felon to four years of probation for receiving 11 pounds of marijuana in the mail.

Vaughn Barnett, 28, smiled and told his mother, who testified via phone from New Jersey on his behalf at the sentencing hearing in Pitkin County District Court, that he would see her soon.

Chief Deputy District Attorney Arnold Mordkin had recommended prison time for Barnett, and the prosecutor slowly shook his head when Judge Gail Nichols of the 9th Judicial District began questioning Barnett about where he would live if she sentenced him to probation.

U.S. Postal Service agents arrested Barnett and his then-roommate at gunpoint at the Snowmass post office on Nov. 20, 2010. The package mailed to the roommate ripped open, and postal employees who noticed the smell alerted authorities.

Barnett pleaded guilty on Jan. 9 to felony possession of marijuana with the intent to distribute more than 5 pounds in a plea deal in which a bail-bond violation count was dropped. The roommate pleaded guilty last March to attempted possession of marijuana and received a two-year deferred sentence.

The judicial district’s probation office recommended that Barnett be sentenced to two years of community corrections in Rifle.

But Barnett, who is black, told Nichols that he was assaulted in Rifle because of his race and did not want to live and try to find work there.

“He’s terrified of that prospect,” said his attorney, public defender Tina Fang.

Fang urged Nichols to sentence Barnett to probation, saying prison time would be a “tremendous backslide” for him and that he would have a solid support system of relatives on the East Coast..."
(Read more?  Click title)

"Unapologetically pursuing and tracking patterns within the news others make since 2010."