Paul Shockley:
" former Colorado State Patrol trooper, under scrutiny for alleged bias in his handling of impaired driving cases over four years, will not face criminal charges following a three-month investigation, District Attorney Pete Hautzinger said Wednesday.
However, Hautzinger said he intends to throw out 10 convictions stemming from cases investigated by ex-State Trooper Donald Moseman between 2008 and 2011.
Hautzinger, who hired a retired FBI agent to investigate 382 closed cases involving Moseman, said he doesn’t feel he can prove the ex-trooper committed any crimes. Those crimes, potentially false imprisonment, perjury, or official misconduct, among others, would require proof Moseman acted “intentionally or knowingly,” Hautzinger said.
“There’s no evidence proving he knowingly or intentionally framed innocent people or was trying to manufacture evidence,” Hautzinger said. “He just tended to see a case when we didn’t see it and others didn’t.”
Hautzinger’s non-charging decision comes as his own investigation, undertaken by retired former FBI Special Agent Jane Quimby, highlighted new concerns about the trooper’s work.
Hired in 1991 in a career that saw a break in patrol duties before again being assigned to roadways in Mesa County in 2008, Moseman left the State Patrol last December after records obtained by The Daily Sentinel showed an internal State Patrol investigation found “bias” in DUI cases....."
(Read more? Click title)
"Unapologetic pursuit and tracking of patterns within the news others make since 2010."
Showing posts with label DA Pete Hautzinger. Show all posts
Showing posts with label DA Pete Hautzinger. Show all posts
May 31, 2012
May 26, 2012
SandBoxBlogs: KREX News 5 "District Attorney Motions to Dismiss Charges Against Kirk Firko"
After all DA Pete Hautzinger put Gene Lawyer and his family through, it hardly seems just or anywhere near fair that the likely real culprit of Kirk Firko escapes without a trial.
Unlike Trooper Lawyer's posts where SandBox blocked public commentary for the sake of Lawyer and his family, comment ability on this highly political move of Hautzingers is wide open.
Cori Coffin:
"MESA COUNTY, Colo.- A CSP trooper involved in a deadly shooting may no longer be prosecuted.
Mesa County District Attorney Pete Hautzinger has filed a motion to drop all charges against Cpl. Kirk Firko.
Firko was accused, along with State Trooper Ivan Lawyer, of negligent homicide and felony trespassing in connection to the shooting death of Jason Kemp.
Earlier this month, Lawyer was acquitted of all charges relating to Kemp's death.
Firko's trial was set to begin July 16.
In the motion to dismiss, Hautzinger said, "The people conclude that there is not sufficient reasonable likelihood of a Mesa County jury being unanimously convinced beyond a reasonable doubt of defendant Firko's guilt to justify going forward with another lengthy jury trial."
The DA went on to say that even though the people believe they don't have a case against Firko, the motion to dismiss is in no way an endorsement of Firko's or Lawyer's actions and the legality of them...."
(Read more? Click title)
"Unapologetic pursuit and tracking of patterns within the news others make since 2010."
Unlike Trooper Lawyer's posts where SandBox blocked public commentary for the sake of Lawyer and his family, comment ability on this highly political move of Hautzingers is wide open.
Cori Coffin:
"MESA COUNTY, Colo.- A CSP trooper involved in a deadly shooting may no longer be prosecuted.
Mesa County District Attorney Pete Hautzinger has filed a motion to drop all charges against Cpl. Kirk Firko.
Firko was accused, along with State Trooper Ivan Lawyer, of negligent homicide and felony trespassing in connection to the shooting death of Jason Kemp.
Earlier this month, Lawyer was acquitted of all charges relating to Kemp's death.
Firko's trial was set to begin July 16.
In the motion to dismiss, Hautzinger said, "The people conclude that there is not sufficient reasonable likelihood of a Mesa County jury being unanimously convinced beyond a reasonable doubt of defendant Firko's guilt to justify going forward with another lengthy jury trial."
The DA went on to say that even though the people believe they don't have a case against Firko, the motion to dismiss is in no way an endorsement of Firko's or Lawyer's actions and the legality of them...."
(Read more? Click title)
"Unapologetic pursuit and tracking of patterns within the news others make since 2010."
May 22, 2012
SandBoxBlogs: Grand Junction Daily Sentinel "Cop hit on her as teen, woman says"
Paul Shockley:
"A Grand Junction Police Department officer in 2000 struck up a sexual relationship with a 16-year-old girl whom he met investigating a runaway case, which led to trysts in the officer’s patrol cruiser and at police facilities at then-Mesa State College, among other locations, according to court records made public.
The affair continued another 11 years, the records allege.
Eric Janusz, 42, of Fruita, is charged with four counts of sexual assault on a child by a person in a position of trust, and another count alleging a pattern of abuse.
The arrest affidavit — authorities redacted the name of the accuser victim and identifying information — was unsealed by court order on May 15.
Daniel Shaffer, Janusz’s attorney, could not be reached for comment.
Grand Junction police in August 2011 opened an investigation into Janusz’s activities after the woman filed a report. She alleged they had an off and on sexual relationship ending in August 2011, the affidavit said.
She said it started in July 2000 when she was 16, when Janusz was assigned to investigate a runaway case involving the girl’s brother. Janusz at the time worked at the department’s substation at Mesa State.
Janusz was in uniform conducting official police business when they met, the affidavit said...."
(Read more? Click title. Comment ability on this post is blocked)
"Unapologetic pursuit and tracking of patterns within the news others make since 2010."
"A Grand Junction Police Department officer in 2000 struck up a sexual relationship with a 16-year-old girl whom he met investigating a runaway case, which led to trysts in the officer’s patrol cruiser and at police facilities at then-Mesa State College, among other locations, according to court records made public.
The affair continued another 11 years, the records allege.
Eric Janusz, 42, of Fruita, is charged with four counts of sexual assault on a child by a person in a position of trust, and another count alleging a pattern of abuse.
The arrest affidavit — authorities redacted the name of the accuser victim and identifying information — was unsealed by court order on May 15.
Daniel Shaffer, Janusz’s attorney, could not be reached for comment.
Grand Junction police in August 2011 opened an investigation into Janusz’s activities after the woman filed a report. She alleged they had an off and on sexual relationship ending in August 2011, the affidavit said.
She said it started in July 2000 when she was 16, when Janusz was assigned to investigate a runaway case involving the girl’s brother. Janusz at the time worked at the department’s substation at Mesa State.
Janusz was in uniform conducting official police business when they met, the affidavit said...."
(Read more? Click title. Comment ability on this post is blocked)
"Unapologetic pursuit and tracking of patterns within the news others make since 2010."
May 4, 2012
SandBoxBlogs: Grand Junction Daily Sentinel "DA drops case against CSP Trooper in Kemp death"
(See related stories here and here)
Paul Shockley:
"Eric Fenster, Lawyer’s attorney, said he expects his client will be called to testify against Firko. Lawyer would take the stand, although reluctantly, Fenster said.
“(Lawyer) wants this whole case to go away and has no desire to see Firko go to prison,” he said...."
(Read more? Click title. Comment ability out of consideration for Trooper Lawyer's family, is blocked.)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
Paul Shockley:
"Eric Fenster, Lawyer’s attorney, said he expects his client will be called to testify against Firko. Lawyer would take the stand, although reluctantly, Fenster said.
“(Lawyer) wants this whole case to go away and has no desire to see Firko go to prison,” he said...."
(Read more? Click title. Comment ability out of consideration for Trooper Lawyer's family, is blocked.)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
April 16, 2012
SandBoxBlogs: KJCT News 8 "DA's Office: Drug Dealer to be Re-Sentenced"
Don Coleman:
"But prosecutors say despite the argument and plea for a ten year prison term, Judge David Bottger handed down the six year sentence while agreeing that Tait should be taken out of the community for this offense.
Days later, the DA's Office says it received a call from Judge Bottger's clerk saying he had "changed his mind" and was requesting Tait not be transported to the Department of Corrections. The Judge apparently wanted to schedule another sentencing hearing.
It is not clear what led up to the Judge's request, nor what he apparently changed his mind about. We are told the hearing has been set for later this week....." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"But prosecutors say despite the argument and plea for a ten year prison term, Judge David Bottger handed down the six year sentence while agreeing that Tait should be taken out of the community for this offense.
Days later, the DA's Office says it received a call from Judge Bottger's clerk saying he had "changed his mind" and was requesting Tait not be transported to the Department of Corrections. The Judge apparently wanted to schedule another sentencing hearing.
It is not clear what led up to the Judge's request, nor what he apparently changed his mind about. We are told the hearing has been set for later this week....." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
March 25, 2012
SandBoxBlogs: Grand Junction Daily Sentinel "Police: Doctors wouldn’t sign off on assault case'
Paul Shockley:
"Court records involving a woman who reported an assault indicate doctors at St. Mary’s Hospital refused to review the case because they didn’t want to be called to court.
The reported refusal, outlined in a Grand Junction Police Department officer’s arrest affidavit in the case against 27-year-old Darnell Washington, drew the ire of a Mesa County judge and District Attorney Pete Hautzinger during Washington’s initial court appearance...." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"Court records involving a woman who reported an assault indicate doctors at St. Mary’s Hospital refused to review the case because they didn’t want to be called to court.
The reported refusal, outlined in a Grand Junction Police Department officer’s arrest affidavit in the case against 27-year-old Darnell Washington, drew the ire of a Mesa County judge and District Attorney Pete Hautzinger during Washington’s initial court appearance...." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
March 21, 2012
SandBoxBlogs: KREX News 5 "Murder Suspects Charged in Court"
Daniel Phillips:
"GRAND JUNCTION, Colo.- The two brothers suspected of murdering a Fruita man were formally charged in court Tuesday morning.
Julio and Jose Ortiz appeared in front of a judge and both were charged with one count of first-degree murder.
The two are suspected of murdering Abel Roper, 31, who was found stabbed to death next to his truck in Clifton.
Investigators aren't releasing much information on the crime due to the sensitive nature of the investigation...."
(Read more? Click title. Comment ability on this post is blocked on behalf of Abel Roper's family)
"GRAND JUNCTION, Colo.- The two brothers suspected of murdering a Fruita man were formally charged in court Tuesday morning.
Julio and Jose Ortiz appeared in front of a judge and both were charged with one count of first-degree murder.
The two are suspected of murdering Abel Roper, 31, who was found stabbed to death next to his truck in Clifton.
Investigators aren't releasing much information on the crime due to the sensitive nature of the investigation...."
(Read more? Click title. Comment ability on this post is blocked on behalf of Abel Roper's family)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
January 12, 2012
SandBox Comments: KJCT News 8 "Pete Hautzinger Up For Re-election"
"GRAND JUNCTION, Colo., -- District Attorney Pete Hautzinger announced Wednesday he is running for his third and final term as Mesa County's DA...."
(Janelle Ericsson)
(Read more? Click title. Comment to discuss)
(Janelle Ericsson)
(Read more? Click title. Comment to discuss)
January 3, 2012
SandBox Comments: Grand Junction Daily Sentinel "DA to sift 400 cases in probe of ex-trooper"
We'll take a larger snip of this article on Trooper Moseman in today's Grand Junction Daily Sentinel because it is the portion that sums up what avatars in commentary have been voicing concerns over.
First, that when Hautzinger pointed out the discrepancies, Moseman had been suspected for years prior to. The folks are asking why it took so long for prosecutors, other cops and also the state patrol to speak up.
Second, the overall stress factor dumping this huge number of cases on our already weighted judicial system in the 21st District and how much that is going to cost the folks.
Very good report by Paul Shockley over on the Sentinel. Be sure to click title and read in its entirety.
Paul Shockley:
"Nearly 400 cases dating back to 2008 in Mesa County will be re-examined in the face of credibility concerns surrounding a former Colorado State Patrol trooper, Mesa County District Attorney Pete Hautzinger said.
Hautzinger’s assessment came after the District Attorney’s Office recently was provided a list of cases involving former trooper Donald Moseman over the past three years, which covers Moseman’s most recent stint working in Mesa County.
Hautzinger said the task of assessing old Moseman cases could take months, adding he may have to hire temporary employees or law school interns to assist with the job.
“My existing staff is already swamped,” he said.
At the DA’s request, the State Patrol compiled a list of all cases in which Moseman was the primary investigating officer or a significant witness. Hautzinger said a cursory review of the list showed everything from speeding infractions to alcohol- or drug-impaired driving arrests, in addition to at least two felony cases involving vehicular eluding and motor vehicle theft. The list was not released.
It does not include the 12 pending criminal cases, mostly DUI arrests in 2011 in which Moseman was the sole witness, that already have been dismissed by Hautzinger’s office over the past three weeks.
Reports were suspect
Moseman’s work became the focus of an internal investigation by the State Patrol after the District Attorney’s Office in October pointed out inconsistencies in Moseman’s case reports.
The State Patrol investigation found Moseman displayed a bias against drivers “who may have consumed alcohol or drugs prior to driving,” State Patrol Maj. Barry Bratt wrote in a letter to Hautzinger dated Dec. 5.
The letter said Moseman has submitted reports that combined information from prior arrests and the new criminal allegations, “resulting in reports which contained wrong or conflicting information.”
Hautzinger and State Patrol leadership have declined to elaborate.
First, that when Hautzinger pointed out the discrepancies, Moseman had been suspected for years prior to. The folks are asking why it took so long for prosecutors, other cops and also the state patrol to speak up.
Second, the overall stress factor dumping this huge number of cases on our already weighted judicial system in the 21st District and how much that is going to cost the folks.
Very good report by Paul Shockley over on the Sentinel. Be sure to click title and read in its entirety.
Paul Shockley:
"Nearly 400 cases dating back to 2008 in Mesa County will be re-examined in the face of credibility concerns surrounding a former Colorado State Patrol trooper, Mesa County District Attorney Pete Hautzinger said.
Hautzinger’s assessment came after the District Attorney’s Office recently was provided a list of cases involving former trooper Donald Moseman over the past three years, which covers Moseman’s most recent stint working in Mesa County.
Hautzinger said the task of assessing old Moseman cases could take months, adding he may have to hire temporary employees or law school interns to assist with the job.
“My existing staff is already swamped,” he said.
At the DA’s request, the State Patrol compiled a list of all cases in which Moseman was the primary investigating officer or a significant witness. Hautzinger said a cursory review of the list showed everything from speeding infractions to alcohol- or drug-impaired driving arrests, in addition to at least two felony cases involving vehicular eluding and motor vehicle theft. The list was not released.
It does not include the 12 pending criminal cases, mostly DUI arrests in 2011 in which Moseman was the sole witness, that already have been dismissed by Hautzinger’s office over the past three weeks.
Reports were suspect
Moseman’s work became the focus of an internal investigation by the State Patrol after the District Attorney’s Office in October pointed out inconsistencies in Moseman’s case reports.
The State Patrol investigation found Moseman displayed a bias against drivers “who may have consumed alcohol or drugs prior to driving,” State Patrol Maj. Barry Bratt wrote in a letter to Hautzinger dated Dec. 5.
The letter said Moseman has submitted reports that combined information from prior arrests and the new criminal allegations, “resulting in reports which contained wrong or conflicting information.”
Hautzinger and State Patrol leadership have declined to elaborate.
December 15, 2011
SandBox Comments: KREX News 5 "Number of DUI Cases Dismissed Because of Trooper Bias Grows"
"....According to District Attorney Pete Hautzinger, the number dismissed cases has continued increase during the last week. He says he expects the number of dismissed cases to increase just a little more.
This is an example of what's called a Brady violation. It's where a law enforcement officer is found to have not investigated a case properly. DA Hautzinger said this is the biggest Brady violation case in recent Mesa County history because of the sheer number of cases Trooper Moseman was involved in...."
(KREX)
(Read more? Watch the video interview? Click title. Comment to discuss)
This is an example of what's called a Brady violation. It's where a law enforcement officer is found to have not investigated a case properly. DA Hautzinger said this is the biggest Brady violation case in recent Mesa County history because of the sheer number of cases Trooper Moseman was involved in...."
(KREX)
(Read more? Watch the video interview? Click title. Comment to discuss)
December 9, 2011
SandBox Comments: Grand Junction Daily Sentinel "DA tosses eight DUIs, citing ‘bias’ by trooper"
"The Mesa County District Attorney’s Office as of Thursday had dismissed eight criminal cases in the face of questions about the credibility of a now-former Colorado State Patrol trooper.
More dropped cases are expected as prosecutors seek to review hundreds of cases handled by Donald Moseman, a veteran State Patrol trooper who left the employment of the law enforcement agency Dec. 1 following an internal investigation.
The cases that were dismissed Wednesday and Thursday were 2011 misdemeanor drunken-driving arrests in which Moseman was the prosecution’s sole witness, Chief Deputy District Attorney Trish Mahre said.
Motions filed in the cases said dismissal is “in the interest of justice” and the product of “issues relating to proof.”
A Daily Sentinel review of several of the dismissed cases showed at least one with a defendant who had multiple prior DUI arrests.
Local defense attorneys, who were notified Wednesday via email by District Attorney Pete Hautzinger about the investigation of Moseman, were busy tracking down their own cases involving the former trooper.
Defense attorney Andrew Nolan with the Grand Junction firm Peters, Nolan and Devlin said Wednesday’s disclosure didn’t surprise him.
“We’ve been complaining about issues involving Trooper Moseman for a long time,” Nolan said...."
(Paul Shockley)
(Read more? Click title. Comment to discuss)
More dropped cases are expected as prosecutors seek to review hundreds of cases handled by Donald Moseman, a veteran State Patrol trooper who left the employment of the law enforcement agency Dec. 1 following an internal investigation.
The cases that were dismissed Wednesday and Thursday were 2011 misdemeanor drunken-driving arrests in which Moseman was the prosecution’s sole witness, Chief Deputy District Attorney Trish Mahre said.
Motions filed in the cases said dismissal is “in the interest of justice” and the product of “issues relating to proof.”
A Daily Sentinel review of several of the dismissed cases showed at least one with a defendant who had multiple prior DUI arrests.
Local defense attorneys, who were notified Wednesday via email by District Attorney Pete Hautzinger about the investigation of Moseman, were busy tracking down their own cases involving the former trooper.
Defense attorney Andrew Nolan with the Grand Junction firm Peters, Nolan and Devlin said Wednesday’s disclosure didn’t surprise him.
“We’ve been complaining about issues involving Trooper Moseman for a long time,” Nolan said...."
(Paul Shockley)
(Read more? Click title. Comment to discuss)
December 8, 2011
SandBox Comments: Grand Junction Daily Sentinel "Trooper’s ‘bias’ complicates DUI cases"
An internal Colorado State Patrol investigation found a now-former trooper submitted improper case reports and displayed “bias” during investigations, calling into question years of criminal cases in Mesa County involving the trooper, according to records obtained by The Daily Sentinel.
Donald Moseman was no longer employed by the State Patrol as of Dec. 1, according to a letter dated Dec. 5 from State Patrol Maj. Barry Bratt, District Four commander.
“As the letter makes clear, there are now significant credibility concerns relating to Trooper Moseman ...” Mesa County District Attorney Pete Hautzinger wrote in his own letter, distributed Wednesday to Grand Valley defense attorneys.
“Hundreds” of cases in Mesa County in which Moseman was the arresting or investigating officer were expected to be re-examined, some of them possibly dismissed altogether, Hautzinger said in an interview Wednesday.
“It’s a significant issue we need to deal with as proactively as possible,” Hautzinger said. “The State Patrol did a great job conducting the internal investigation and getting back to us rapidly.”
“Inconsistencies” involving Moseman’s case reports were brought to light by county court prosecutors in October, Hautzinger said. He declined to elaborate...."
(Paul Shockley)\
(Read more? Click title. Comment to discuss)
Donald Moseman was no longer employed by the State Patrol as of Dec. 1, according to a letter dated Dec. 5 from State Patrol Maj. Barry Bratt, District Four commander.
“As the letter makes clear, there are now significant credibility concerns relating to Trooper Moseman ...” Mesa County District Attorney Pete Hautzinger wrote in his own letter, distributed Wednesday to Grand Valley defense attorneys.
“Hundreds” of cases in Mesa County in which Moseman was the arresting or investigating officer were expected to be re-examined, some of them possibly dismissed altogether, Hautzinger said in an interview Wednesday.
“It’s a significant issue we need to deal with as proactively as possible,” Hautzinger said. “The State Patrol did a great job conducting the internal investigation and getting back to us rapidly.”
“Inconsistencies” involving Moseman’s case reports were brought to light by county court prosecutors in October, Hautzinger said. He declined to elaborate...."
(Paul Shockley)\
(Read more? Click title. Comment to discuss)
October 26, 2011
SandBox Comments: KREX News 5 "Murder Suspect's Bond Set at $1.5 Million"
"Grand Junction - Bond is now set at $1.5 million for one of the men accused in the murder of a man outside of a local Taco Bell. Jorge Alberto Carrasco was shot and killed outside of the restaurant on North Avenue in Grand Junction in mid-July. Christian Fuentes was extradited to Mesa County from Palo Alto, California, where he was arrested on a probation violation shortly after the shooting..."
(Hilary Martin)
(Learn more? Click title and comment to start discussion)
(Hilary Martin)
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