Summary of Maketa Trial

Thursday, July 6, 2017

After the afternoon break, Sgt. Ray Gerhart took the stand.  His testimony was also somewhat bazar.  He came across as proud of violating multiple policies while working for the Sheriff’s office during Maketa’s term.  He admitted to constantly violating policies for his own personal reasons or goals.  Even after being personally confronted by Sheriff Maketa for violating policy he left the meeting and violated the exact same policy within minutes and sounded proud about the fact as he was telling the Jury.  Gerhart admitted to providing confidential EPSO information to then sheriff candidate Bill Elder. Gerhart, like Kull sounded very arrogant and even appeared to be proud about how he was subversive during Maketa’s term.  He smiled as he admitted to all his inappropriate actions and policy violates during his final days prior to resigning in December of 2013.

Gerhart talked about how he was interviewed by Lt. Peck and received a CVSA examination concerning his actions and the missing IA file.  He admits to deciding to resign after being asked to come back in for additional questioning.

During cross examination Gerhart talked about how he felt Charles Kull was unstable and getting fired could put him over the edge.

Gerhart did a lot of talking about how he violated policy and was proud of it, but he offered no testimony concerning any crime.

Gerhart completed his testimony Friday morning.

Friday, July 7, 2016

After Sgt. Gerhart testified, Cmdr Jeff Kramer testified.  He was professional and matter of fact. He said he remembered a meeting in Sheriff’s Maketa’s office where the subject of some files came up.  There was some talk about some files that were not located at the office and that Presley needed to retrieve them.  He thought these files were related to the missing IA file, but admitted he was not sure.  What does any of this have to do with the allegations against Maketa?    None of the charges have anything to do with a missing IA file.

Scott Trainor, the city manager of Fountain testified next.  He stated that in Late 2013 Terry Maketa called him because he was concerned Deputies who were resigning from EPSO prior to IAs being completed were being hired by Fountain PD without being properly vetted.   Maketa suggested they conduct an extensive background check.  Trainor admitted he was not part of the hiring process for Fountain PD and after the phone call with Maketa he contacted their city attorney about the phone call and they ultimately made some changes to their hiring process.  Just another witness to try to make Maketa look bad; no relevant testimony.

Then the circus began. They brought in Sheriff Bill Elder.  He stated he did not know he had an IA file.  He still held to the line that he was never the target of any IA investigation because he never got a “notice of violation’. Could it be that If you quit before they initiate the IA you’re not going to get notified?  We have already published an article concerning this matter. Read Story.  He was only on the stand for 20 minutes; however, we caught him in multiples lies.  According to Elder he quit in late February of 1998. He was contacted in May or June about an audit and was never told it was in IA investigation.  An IA was initiated in early April and Bill Elder was contacted by IA Sgt. Hartman.  Does he really think anyone believes she never told him it was an IA investigation? Elder says he never knew it was an IA investigation, but later states he knew Bill Claspell received a letter of reprimand.  BUSTED!  Elder just admitted he knew it was an IA investigation.  They don’t give out letters of reprimands in audits, only in IA investigations.  Caught by his own words.

Elder also stated under oath that the IA only concerned Comp time, not overtime.  Read the IA report.  He also stated he got authorization from Major Bradley. Really? Read the IA report.  His Captain (Shull) said he knew nothing about it and did not authorize it.  So, Bill Elder’s statement is that he got approval from his boss’s boss, but his boss never knew about it.  Anyone who works in law enforcement knows how the chain of command works. There would have been a memo written authorizing the change in procedures for VNI personnel.  Here is the kicker.  Listen to Elder’s response to a direct question.

Elder Deception

Any trained investigator knows this is a deceptive response.   We will get back to that later. Watch the video again and look at Bill Elder, the way he is breathing and his body language. Again, anyone trained knows he is very nervous and being deceptive.  People are relaxed when they are “just telling the truth”.  It take very little energy to tell the truth; It takes a lot of energy to make sure you don’t get caught in your web of lies.  Does Elder look comfortable, or does he look stressed?

Elder provided absolutely no testimony relevant to the trial.  Complete waste of time.

After Elder, CBI agent Ralph Gagliardi took the stand.  He testified concerning cell phone records of ex-deputy Garretson.  These records showed there was one phone call between Maketa and him for 3 1/2 minutes.  That’s it.  But wait; Let’s go back to when Kelli Troll testified last week.  She stated that Maketa and her boyfriend, Garretson talked all the time.  CBI Gagliardi admitted under cross examination that during a two month period there was only the one phone call.  This clearly shows Kelli Troll lied and her testimony can not be trusted. Yet another prosecution witness that provided more evidence showing Maketa’s innocence.

Finally they had Jackie Kirby take the stand.  She made all kinds of negative statements concerning Maketa, none of which were relevant to the trial.  It was obvious she hates Maketa.  But she was his administrative assistant for years and talked about how close they were.

Kirby stated that in a meeting with Maketa, Presley, Kramer and Joe Roybal she hears Presley say she had the missing IA file at her house. But admits under cross examination that during a previous interview she stated it was either the missing file or a file related to the missing IA file.  By the time her testimony was over it was pretty clear she assumed they were talking about the missing IA file and really didn’t know.  Not much relevant information provided concerning the actual case being presented to the jury.  But it was interesting how she slammed Maketa. She said that in late 2013 she was in a constant “state of fear”.  Is there any evidence to support or discredit that statement? Yes, a letter she wrote to Maketa.  Read Letter.   Wow, does it sound like Kirby was in fear back in late 2013 or that she is lying now?    The worst enemies you can have are those who call themselves your friends. Does the term; “snake in the grass” apply?

At this point, the prosecution “Rested”.   It is our opinion they did not provide any credible evidence that Terry Maketa committed any crimes.  Let’s do a brief review.  Kelli Troll said Terry Maketa told her to change her story (tampering with a witness). She was interviewed about this multiple times over the next couple years.  She provided multiple versions, but it wasn’t until her most recent interview that she references Terry Maketa.  She also stated Maketa and her boyfriend talked on cell phones all the time; this has been proven false by phone records. Records show they only talked once in two months.  Plus, according to Troll, she said Maketa told her that if she changed her story she would not get in any trouble.  So why when she was getting arrested didn’t she object and tell people Maketa said she wouldn’t get in trouble?  Not believable.

The alleged extortion is not even a crime.  They say Maketa committed extortion by telling the medical contractor to fire Wendy Habert or he would cancel the contract. It was an “at will” contact that clearly states it can be cancelled at anytime for any reason; Hence, no crime.  But let’s talk further. As it turns out, Maketa did not have the ability to cancel it because the contract was with El Paso County, Not EPSO.  Plus, based on testimony, Maketa never said “fired” or “terminated”, he just wanted her out of the jail.  He is responsible for the safety and security of the jail. If he wants someone out of his jail that’s his right.  Would it make sense that a Sheriff responsible for the jail is not allowed to decide who can and can not go into the the Jail? There was also testimony to show Wendy Habert was causing problems in the jail justifying Maketa to ask for her removal.

Now for the final issue; the Brady List.  This is a complete joke.  They want Maketa found guilty for Official Misconduct because he would not answer questions asked of him by the District Attorney’s office concerning a memo sent to them by Charles Greenlee about a list of names created by Joe Roybal. You might want to read that sentence a few more time.  Plus, the memo clearly says to contact Joe Roybal if they had questions.  So, they want Maketa found guilty based on a memo containing a list of names that he had nothing to do with.  Are we in America?