Latest Information Concerning Maketa’s Trial

When we created this website we agreed to not make it about previous sheriffs. We wanted to focus on the current corruption of Bill Elder and his leadership team.  But you have to follow the evidence, and in this case there is a great deal of evidence that the investigation into retired Sheriff Terry Maketa and the others was politically motivated and we believe clearly shows corruption with Bill Elder, Dan May, and others.  So, reluctantly we have decided to cover the trial and publish anything that shows corruption or wrong doing by any government official.  We believe our government should be transparent and our community deserves to know the truth.  Our goal is to bring light to the corruption; it just appears we need a bigger light.

 

Tuesday, July 18, 2017

A retrial date has been set for early October of this year.  We do not anticipate it will happen as scheduled.  It’s unfortunate more taxpayer money will be wasted on another trial that will most likely have the same outcome. Maybe that money could be better spent on bringing the accomplices in the Tom Clements assassination to justice? Something to think about?

We will leave this section up until October in case there is a retrial.  But we do not plan to add any additional information until then.  Continue to monitor “Latest News” for updates concerning Bill Elder’s corruption.  We are still looking into writing new stories until there is nothing to write about. As long as there is corruption to write about we will write about it.

Saturday, July 15, 2017

Here is the article everyone has been waiting for about the “missing” Bill Elder IA file. Read story.

Friday, July 14, 2017

What was/is the goal of the investigation into Maketa, Presley, and San Agustin? If they were truly looking for justice they would realize after the verdict this week their case is very weak.  Many of the counts came back “Not Guilty” and the jury could not agree on the rest.   From our sources it appears most likely only a couple did not agree on not guilty for everything.  Plus the jury refused to talk with the prosecutors afterwards.  What does that tell you?  Could it be the jury was upset their time was wasted on such a weak case?  Now the prosecutors have to decide if they will retry Maketa on the remaining charges.  They have to know the odds are overwhelming they will not be able to get 12 new jurors to agree; or an even better chance they will find Maketa “not guilty” on the remaining counts. Plus, the defense has seen their entire case and will be even better prepared next time.  How embarrassing will it be the second time around?  How much taxpayer money are they going to throw out the window because of their EGOs? Are the prosecutors really interested in justice or their careers? How will this effect Hurlbert’s boss’s bid for Governor?  What all will come out in a second trial?

We predict they will retry Maketa because they have already done an “All In” on this case.  This decision will prove, yet again, this is not about justice but political payback.  These people believe they are not accountable to the laws they took an oath to uphold.   It’s about winning, not doing what’s right.

We believe this has always been about Dan May and Bill Elder getting revenge and Mark Hurlbert getting publicity.  So who is corrupt and wasting all your taxpayer dollars?

 

Silence is the Endorsement of Corruption

 

Will anything happen to Charles Kull for committing perjury in the Maketa trial?  When asked if he had ever had any IAs while he worked at Fountain PD he replied “NO”.  We have now heard he had multiple IAs when he worked at Fountain PD.   He needs to be added to the “Brady” list.  Is the DAs office protecting him? If Bill Elder had any integrity he would open a new IA concerning the perjury by Kull.

Thursday, July 13, 2017

Hurlbert admitted in video that the investigation against Terry Maketa was unethical and corrupt.  It is our understanding to ensure an honest and independent investigation the 18th Judicial District was asked to conduct the prosecution and CBI (Colorado Bureau of Investigation) was asked to do the investigation.  Listen to what Hurlbert had to say when he left the courthouse.  Watch Video.  What’s wrong with his statement? Why is he thanking all the people with the El Paso County Sheriff’s Office for all their hard work?  Hurlbert admitted EPSO was involved in the investigation. Not a little, but a lot. How corrupt is that?  This is complete confirmation that this entire prosecution is politically motivated and corrupt.  Who will hold Bill Elder, Dan May and Mark Hurlbert accountable?  How much taxpayer money has been wasted; and will be wasted with a re-trial?

According to a source, Mark Hurlbert loves calling press conferences and talking with the media. He loves all the attention. He even scheduled a press conference  Tuesday before the verdict was read.  Our source told us he was so confident in a guilty verdict that he contacted all the media and told them to met him outside the main entrance right afterwards and he would make a statement.  Problem was he did not get a “Guilty” verdict.  (So a jury of 12 could not even agree that any crimes had been committed)  Hurlbert attempted to sneak out the south exit to avoid the media.  One lucky news channel happened to have someone there because they thought Maketa would use that exit.   So Hurlbert had to make a statement.

Here is what a Mark Hurlbert press conference looks like when he doesn’t get the verdict he likes.

What did the media have to say about Hurlbert sneaking out the side door?  Watch Video.

Wednesday, July 12, 2017

We are working on an article concerning the entire trial and outcomes from the trial.  There is a great deal of information concerning corruption by both Bill Elder and Dan May.  WHAT A WASTE OF TAXPAYER MONEY!  Just so Bill Elder and Dan May could try to keep Maketa quiet.  We will explain.

Tuesday, July 11,2017

MAKETA VINDICATED 

None of our sources will talk with us right now; wonder why?  Maybe because they are celebrating the fact that the DA’s office couldn’t get 12 people to agree there was ever a crime?  We will post a detailed story later this evening or tomorrow morning.

Latest Update (1:45 pm): it appears the jury is deadlocked. Here is something to read while you wait.  It is the CVSA results for both Kull and Gerhart.  Read Reports.

Monday morning retired chief Al Harmon completed his testimony.  He clearly stated that both Ray Gerhart and Chuck Kull deserved “departing from the truth” in their IAs.

Chris Ward took the stand.  He is a well respected retired detective with many years of experience in law enforcement.  He testified that he along with former detective Bill Kelemen conducted the investigation into the missing IA file.  He conducted CVSAs on both Ray Gerhart and Chuck Kull.  According to him; both showed deception on questions concerning the missing IA file.  He testified that both quit when asked to come back in for additional questioning.

Finally, Cheryl Sundheim took the stand.  She was the executive assistant for Terry Maketa during his last 4 years.  She testified she was the “gatekeeper” and everyone had to come through her to get to Maketa.  She stated that in September of 2013 someone named “Travis” (Garretson) called for the sheriff but she was not sure who he was.  She gave the message to the sheriff when he returned to work.  So, Maketa was just returning Garretson’s call which is reflected in the phone records.  Remember there was only 1 phone call between Maketa and Garretson.  Doesn’t sound like they were conspiring about anything.  Maketa’s guilty of returning a phone call.  The prosecution tried to establish that John San August and a few others had a special “backdoor” to get directly to Maketa; but she clearly stated that was not the case.

Closing arguments were in the afternoon.  Wilcox started for the prosecution and gave the standard closing; boring.  Here is the criminal code and find him guilty.

Then David Kaplan spoke.  He laid out the whole defense and how absurd the allegations are against Maketa.  He broke down each allegation and the facts to disprove them all.

Finally, Mark Hurlbert gave a highly emotional talk about how they needed to convict to make a statement that elected officials need to be held accountable. He suggested they had provided enough evidence but did not talk about any of it.  Just about how many witnesses they had and that Kelli Troll had no reason to lie.  Hurlbert attempted to get the jury emotionally charged, but did not summarize the facts of the case.

It is now in the hands of the Jury.  Hopefully the prosecution’s emotional plea will not override the facts of the case.  It was interesting to see the defense arguing to stick to the facts and the prosecution trying to get the jury to make an emotional decision.  It’s usually the other way around.

Sunday, July 9, 2017

Below are links to the most recent summaries for the Maketa trial. Monday the Defense will continue with their case to the Jury.

Read the latest summary for Maketa’s trial.  Did Gerhart and Kull both fail their CVSA examinations? Read latest update.

Saturday, July 8, 2017

Here is our latest update for the Maketa trial.  It covers the remaining witnesses for the prosecution.  We will provide another update later today or tomorrow with the Defense witnesses’ testimony for Friday.  Read latest update.

Friday, July 7, 2017

Thursday afternoon Sgt. Emory “Ray” Gerhart testified.  He completed his testimony Friday morning. Jeff Kramer and Scott Trainor testified this morning followed by Bill Elder.  Then Ralph Gagliardi (CBI) and Jackie Kirby testified.  That concluded the prosecution’s case.  The defense team started their testimony with Staci Hobson, Theresa Lawrence, Joe Roybal, and Al Harmon. There was a lot of informative testimony and we will post an article tomorrow around noon.    We reviewed the Gazette’s article and wonder if they were in the wrong courtroom today?  We will give you the real story.

Thursday, July 6, 2017

Afternoon testimony updated below

Deputy District Attorney (DDA) Amy Fitch completed her testimony this morning.  She is yet another example of putting someone on the stand who obviously just wants to make Maketa look bad.  If you actually listened to her testimony she clearly stated Maketa had nothing to do with whose names are added to the Brady list.  She testified that she was in charge of the list and explained their procedures for adding names.  They reviewed the actual document sent to the DA’s office which included a list of names submitted to the DA’s office by Charles Greenlee.  In fact, when you actually read the document it never says anything about “adding” any names.  It only provides a list of possible names for their (DA) review and asked if these names are “missing” from the current list.  Amy Fitch said it was their interpretation of the memo that it meant to add the names.  But again if you read the memo it says they conducted an “audit” and just wanted to verify if the names were missing. And if you had any questions to contact Lt. Roybal.  There is no reference to Maketa in the memo. This document could have easily been interpreted as the “starting point” for discussions.  The names were never added.

It was obvious Maketa had nothing to do with selection of the names for the list provided to the DA’s office. Fitch admitted the Brady list is their responsibility and they determine whose names go on it.  How can Maketa be charged with something that is not within his control?

It was obvious from Amy Fitch’s testimony she was trying as hard as she could to use the right words to suggest that because Maketa refused to answer some questions he is guilty of “official misconduct”  What a stretch.

At this point the jury must be confused.  Many of the prosecution’s witnesses are saying how much they hate Maketa but no one is providing any evidence of any crimes. This appears to be the prosecutions primary strategy.   Is this trial a waste of the taxpayer’s money?

The “I hate Maketa” tour continues this afternoon at the courthouse.  When is the actual trial going to begin?

Afternoon Testimony:

Lieutenant Charles Kull testified after the morning break.  In summary: according to our source, he appeared somewhat unstable.  Should he be evaluated by Dr. T?  His testimony was bazar.  Multiple individuals in the courtroom commented about his behavior.

Kull tried to act like the victim, but that only lasted about 10 seconds. In addition to his bazar behavior he acted arrogant and refused to take responsibility for his actions.  During cross examination he was presented with many of his Internal Affairs (IA) investigations and he refused to take responsibility for any of them. According to him everyone else was wrong and he was the only person you could believe. He even said he didn’t trust anyone in the chain of command to include Joe Breister and Rob King. Multiple times he basically called Rob King a liar and he did not trust him.

At one point during cross examination Kull was presented with an IA investigation which included video evidence (along with other deputy reports) which showed his report concerning the event did not match the actual events as shown in the video and documented by other deputies. It clearly showed he departed from the truth.  Kull refused to accept any responsibility or admit he did anything wrong.  The IA (and video) was reviewed by Sgt. Sevene, Lt. Mattson, Cmdr King, and Chief Harmon and they all agreed the video and his report did not match; confirming he departed from the truth.  Even after all this evidence was presented to him, Kull said they were all wrong and he was right.

Time after time the defense brought up multiple IA investigations and Kull said he did nothing wrong and he was being targeted. Finally they referenced one where Kull took responsibility.  If you are to believe Kull you would have to believe that everyone in his chain of command was out to get him.  He sounded paranoid.

Bottom line: Kull testified how much he hates everyone and you can not trust anyone (other than him).  He provided no testimony concerning any crime.  Again, this suggests the strategy of the prosecution is to try to just make Maketa look like a bad guy and hope the jury votes “guilty” because they don’t like him.

Kull provided no useful testimony other to show he had multiple IAs and he refuses to take responsibility for anything he does. He did confirm one thing; He should be on the “Brady” list.

Sgt. Ray Gerhart took the stand in the late afternoon.  We do not want to publish any comments until  he has completed his testimony.  We hope to provide a summary at lunch time tomorrow.

We are being told the prosecution might complete their case tomorrow.  We do not believe they have shown any credible evidence of a crime. The defense has effectively discredited every one of the prosecution’s witnesses. Many witnesses actually provided more evidence exonerating Maketa.  We are interested to hear the defense’s witnesses.

It is obvious from the witnesses so far many have an agenda against Maketa. It appears this entire investigation and trial was and is politically motivated and a complete waste of taxpayer money.

Wednesday, July 5, 2017

Read today’s trial summary.

Trial resumes this morning.  Every witness the prosecution has put on the stand so far has provided more information exonerating Maketa.  Still waiting for the fireworks; so far, not even sparklers.

Saturday, July 1, 2017

As announced by the media court does not resume until Wednesday, July 5, 2017.  We will not be posting anything until next Wednesday because we want everyone to enjoy the long weekend and celebrate our great country’s independence.

We would like to address what we think is the prosecution’s strategy in this trial.   Try to get the Jury to hate Terry Maketa and hope they vote “guilty” as a result.  Mitch Lincoln is a good example of this strategy.  Why did he even testify?  He brought no facts or evidence to the trial that matters.  Lincoln tried to play the victim and tell the Jury how Maketa was a bully.  Really?  You’re going to bring in the person who has bullied deputies his entire career to play the victim? Mitch Lincoln has been a terrible and despised supervisor for years. Deputies have always hated working for him; but he came in, sat in the witness chair and talked about how Maketa didn’t treat him nice.  Poor Baby.  Lincoln stated he didn’t like being investigated and thought they were picking on him. Lincoln stated he felt he was “targeted” in December of 2013 because he supported Bill Elder.  But he admitted he was not the only person investigated and was not treated any worse than anyone else. What made it laughable is he admitted under cross examination that Terry Maketa treated him pretty good and even offered to promote him to Bureau Chief in May of 2014.  What was that again?  Lincoln felt “targeted” in December of 2013, but Maketa offers to promote him in May of 2014?  It appeared by Lincoln’s demeanor he realized he was exposed and his testimony not reliable. By the end of his testimony he looked like a lost puppy; embarrassed and ashamed.  But after he was excused and walking out of the courtroom he starred at Maketa’s attorney looking furious.  We assume this is because he knew she made him look foolish in front of the Jury.

We are looking into a statement he made under oath.  Mitch Lincoln stated Terry Maketa offered him a promotion to Bureau Chief in 2014; but he turned in down. According to our sources, he accepted the promotion and the reason it was never officially announced is because Lincoln and two other commanders were suspended a few days later.  What if paperwork had already been started or completed showing the promotion was accepted by Lincoln? Are there others who know Lincoln accepted the position? If so, there would be evidence Mitch Lincoln lied under oath and guilty of Perjury.  Our investigation continues.

We already believe Shannon Gerhart should be charged with a crime, maybe Mitch Lincoln is guilty of a crime as well?

Friday, June 30, 2017

Carl Anderson, a former regional director for CHC (which is the contractor that used to provide medical at CJC) testified late yesterday that Terry Maketa, in a meeting back in late 2013, stated he wanted Wendy Habert terminated. But under cross examination this morning he admitted much more information.  Anderson agreed that providing medical care in the jail is very complicated and the ultimate responsibility lies with the sheriff.  He said it was reasonable that Maketa was concerned when there were issues with medical in the jail.  He also admitted that Maketa just wanted Habert out of the jail.

Anderson was Wendy Habert’s boss at the time and stated her statements to both Maketa and Presley were completely unprofessional and unacceptable.  He also admitted that during an interview back in March of 2016 he stated the reason Habert was placed on leave was because of her conduct revealed during an investigation he completed back in 2013.   He also admitted the contract for medical services was completely “at will” and could be terminated at anytime for any reason.

Lt. Scott Deno testified that there definitely was an Elder IA File and he saw it on multiple occasions.  Once at the old Metro facility and again during the move to the new HQ.  So this puts to rest the whole statement from Bill Elder that he never had an IA file; he did.  So, according to Scott Deno, who was under oath, Bill Elder is a liar.  Of course we already knew that.  The file was approximately 1 to 2 inches thick.  Deno described how the IA area was laid out

Afternoon’s testimony:

Starting in the late morning the Human Resource manager for CHC testified that during a phone call Terry Maketa demanded that Wendy Habert be terminated in the next 48 hours or he would pull the contract.  But during cross examination he admitted she did not have to be terminated; just removed from CJC.  The prosecutors keep wanting to use the word “terminate” to make the jury think that Maketa was demanding that she be fired when all he wanted was her out of the Jail because she was being disruptive.   There is a big difference.

Shannon Gerhart

Detective Lisa Montville (previously Kaiser) testified concerning Kelli Troll’s two interviews.  She was very professional as she explained the DV investigation. She stated in open court she did not believe there was enough to arrest Kelli Troll after her second interview; however she did so based on the recommendation of Deputy District Attorney Shannon Gerhart.

It was interesting when Detective Montville acknowledged Wendy Habert loves to talk and has a big mouth that has gotten her in trouble in the past.   The jury got to hear how Wendy was more than happy to talk with Detective Montville until she started reading her the Miranda warning. At that point, Wendy got up and left the interview.

Retired Sgt. Rob Stone testified he was afraid of Paula Presley.  We’re not sure what that had to do with the trial, but he made the statement.  He testified that Maketa and Presley came down to Internal Affairs and took an archived IA file for safe keeping.  An interesting point is this, Maketa asked Stone where the archived files were kept.  Obviously Maketa had no idea. So this would suggest that Maketa had nothing to do with the stolen Bill Elder file.  According to Rob Stone he accused Paula Presley of stealing Bill Elder’s file, but admitted he had no evidence to support his statement.

It did come out during cross that IA was not secure and many people had access and could have taken the IA file. Stone admitted that Maketa increased security to ensure it didn’t happen again.

It is interesting how many law enforcement officers have testified in this trial and they keep saying; “I don’t recall”.  These are cops who are trained to be observant and document their actions.  This trial looks like the Maketa haters club.

Thursday, June 29, 2017

Both side gave opening statements.  Chris Wilcox started for the prosecution.  Boring and routine; C- at best.  Then Defense attorney Pamela Mackey gave her opening statements.  She kept the jury interested and laid out the issues with the prosecution’s case; she get’s an A.

Basically the charges against Maketa come from three allegations;  He tampered with a witness by encouraging her to change her story concerning a DV; He tried to add three names to the Brady list without justification after they resigned (read story) and he committed Extortion by threatening to cancel the medical contract at the jail if the contractor did not fire Wendy Habert.

After the opening statements the first witness with Wendy Habert.  We do not want to say too much and potentially give the prosecution some tips where they messed up.  But she testified that she believes she was terminated in November of 2013 because she refused to run Paula Presley’s campaign for Sheriff.  Here’s an update; Paula didn’t run for Sheriff and that was decided long before November of 2013. Habert said she never had any negative performance reviews, but first thing she admitted under cross examination was that there was disciplinary actions taken against her in March of 2012.  Did not take long to show she is a liar.  Habert spoke very fast and was combative and defensive during her entire testimony.  She did not look honest, she looked angry with an attitude. When asked if she was nervous about testifying she replied; “I’m Excited”. Why would someone be excited to testify? Could it be she has been wanting to get some “payback” against Maketa and this is how she is doing it? Habert even argued with Defense counsel over a copy of the medical contract that clearly showed it was with “El Paso County” and not the Sheriff’s office. Habert would never admit what was on the document right in front of her which was signed by the county commissioners not Sheriff Maketa.  The Jury saw how she was very combative, argumentative, and could not admit she was wrong even when the evidence was right in front of her.  Defense clearly showed Wendy Habert did have performance issues to include using profanity.  How many employees would get away with saying “F  you” to the Sheriff and calling the Undersheriff a “Bitch”? That’s enough for termination right there. Would you want someone like that working in your Jail?

Undersheriff Joe Breiter testified but it was pretty boring; not much revealed that matters.

The next witness was Kelli (Troll) McMahan who testified about how Maketa and Presley encouraged her to change her story concerning a domestic violence case against her boyfriend back in September of 2013. According to her it was to get her boyfriend’s job back as a Deputy; which never happened.  Problem is her story has changed multiple times over a two year period.  This was clearly exposed by Mackey who methodically went through them all one by one.  She seemed to even change her story during her testimony.  She also conveniently failed to remember things when the questioning got tough.  She had answers to the prosecutor’s questions but constantly said; “I don’t recall” when Mackey asked questions.  You wanted to feel sorry for her, but it was obvious she was not telling the truth.

A key point that Mackey brought up was the fact that if McMahan was asked to change her story by Maketa and she would not get in any trouble (like she testified); why didn’t she object when they arrested her?  Why didn’t she tell people “this wasn’t part of the deal” or “go ask the Sheriff”.  For two and a half years her story is consistent; Habert influenced her and she never says a word about Maketa.

Bottom line: McMahan told investigators multiple times it was Habert who tried to influence her testimony and never said anything about Maketa.  It wasn’t until May of 2016 (two and a half years later) that she changed her story saying it was really Maketa, not Habert.  She wants the jury to believe that all the other times she was lying but this time they can trust her. Not a believable witness.

Here is a point; McMahan stated she never wanted any part of this mess and just wanted to be left alone.  However, investigators badgered her until she finally capitulated.  She testified they called her repeatedly for weeks.  This is a good indication the investigation and prosecution of Terry Maketa is politically motivated.

More witnesses on Friday.  We will provide updates when we can.

Wednesday, June 28, 2017

It is official;  two of the charges against Maketa have been dropped.  The question is why haven’t they been dropped against Presley and San Agustin yet?  Plus, it is clear there is no new evidence so how can they justify dropping the charges after 13 months?  These are the only two charges against San Agustin, so he never should have been charged. Pretty sure this will be a lawsuit.

They have a jury and opening statements will be in the morning.  The truth will finally come out (hopefully).  Was this nothing more than political payback? How much money is being wasted on this trial? The public needs to know the truth.

 

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Latest Articles:

How Independent was the Maketa Investigation? (06/24/17)

Case against Maketa falling apart just days before trial? (06/22/17)

ADA Hurlbert statement suggests DA Dan May might have committed a crime (06/20/17)

What is going on with the Maketa Trial? (05/21/17)