Friday, July 7, 2017

Wendy Habert

After a break, Maketa’s defense team presented their case.  They started with Stacie Hobson. She was Wendy Habert’s boss back in 2012.  According to Ms Hobson she had to spend more time at the El Paso County Jail because of multiple issues.  Ms Hobson stated that Wendy Habert had multiple issues which lead to her having to discipline her with a written reprimand.  According to Ms Hobson, Habert had communications issues with both the doctors, nurses and CJC staff. She referred to Habert multiple times as being paranoid.  She listed some of Halbert’s issues as; bad with relationships, not following the chain of command, and picking on people she didn’t like.  She also stated that Maketa complained about Habert’s performance on multiple occasions.

Then Teressa Lawrence took the stand. She was the director of the Detox facility located adjacent to CJC.  They used the contracted medical staff under Wendy Habert’s direction.  She spoke about the many issues she had with Habert and how it directly effected those withdrawing from drugs at the facility.  She said things got better once Wendy Habert was gone.

Cmdr Joe Roybal testified next.  He was the IA lieutenant back in December of 2014.   He answered all questions professionally.  Roybal did not recall any meeting in the Sheriff’s Office where a missing file was discussed back in February of 2014.  He was assigned to IA in March of 2014; approximately  4-6 months later he was contacted by the District Attorney’s office concerning a trial that was interrupted by a question about the accuracy of the “Brady” list.  The Brady list is a document containing names of law enforcement personnel in the judicial district that have been found to have departed from the truth in other judicial proceedings or administrative actions within their agencies.  Roybal admitted he was unaware it was his ongoing responsibility to provide names to the DA’s office via EPSO’s legal counsel for consideration by the DA’s office.  After being notified he looked into the matter and could not determine which, if any, names had been submitted in the past. Roybal added that during the initial phone conversation with the DA’s office he asked them to provide him the current Brady list to help him determine which names needed to be submitted.  He never received the list. So, it was determined an audit should be conducted going back 3 years by Roybal and he would submit the appropriate names via Charles Greenlee who was the legal advisor at the time.  This activity took place in November of 2014.  Roybal generated a memo with the list of names and provided it to Greenlee who in turn created a cover letter and forwarded the list to the District Attorney’s office for review.  According to Roybal, Maketa had no influence as to which names were added to the list. Upon the conclusion of his testimony he had made it clear he alone generated the names to be considered for addition to the Brady list.

The last person to testify Friday afternoon was retired Bureau Chief Al Harmon.  His testimony was completely professional.  Back in December of 2013 he was the Chief of Law Enforcement and in the chain of command for both Ray Gerhart and Charles Kull.  He testified about the multiple Internal Affair investigations against both of them.  Harmon testified that during his review of both of Charles Kull’s IA investigation reports he determined Kull had “departed from the truth”.   He told how his decision was made without influence from any outside sources to include Sheriff Maketa.  He also clearly stated no one was targeted or treated differently because they supported Bill Elder.  Kull’s second IA investigation included a CVSA (Computer Voice Stress Analysis) report. The results showed “deception” by Deputy Kull on two questions concerning the missing IA file.

Chief Harmon then testified he reviewed Ray Gerhart’s IA investigation report and determined Gerhart had “departed from the truth” based on his results from a CVSA report.   Harmon reviewed the CVSA report which showed “deception” by Ray Gerhart concerning the question; “Do you know who took part of an IA file”? Gerhart answered “NO”.

On Monday Chief Harmon will retake the stand to complete his testimony.

It is important to understand the significance of this testimony.  Both CVSA reports were entered as evidence.  They show that both Ray Gerhart and Charles Kull failed their CVSA examinations.  This sheds more light on why they both resigned when asked to come back for additional questioning.  It also shows that both Gerhart and Kull should be on the Brady list.

We also have an update concerning Charles Kull’s testimony last week.  After both the prosecution and defense completed their questions he was asked by a juror; when he worked for Fountain PD did he ever have an IA investigation against him?  Kull answered; “NO”.  We have received information he was investigated by IA for an incident that happened back in early 2015.  According to our sources it was a use of force issue with a middle school student while he was an SRO (school resource officer).  We are researching and will let you know what we find out. If true, this is clearly Perjury and grounds to be added to the “Brady” list.   Anyone can do a CORA request to obtain the information from Fountain PD.

Wait there is more; we also received information from another source that Lt. Charles Kull is currently being investigated by Internal Affairs for a recent incident with a female Fountain PD officer.  Really? How many IA investigations will there be before he is terminated? Does someone have to get hurt before something will be done?  Kull was recently promoted by Bill Elder.

Think about this; Both Gerhart and Kull showed deception on their CSVA examinations on questions concerning if they knew who took the missing IA file; Bill Elder, while under oath, gave a deceptive response when asked if he had a campaign supporter steal his IA file.  It appears the math is starting to add up.  Yet another reason Bill Elder refuses to take a polygraph?

This trial is making two things clear; Maketa did not commit any crimes and Bill Elder most likely had someone steal his IA file.  It’s safe to say Elder did not expect all this to come out during the trial.  What else is going to come out?