James Warren Wilson
Jim Wilson, district attorney for the 22nd Judicial District in Montezuma and Dolores Counties, said he will not step down after his DUI arrest in Buena Vista last month, reports Steve Grazier of The Cortez Journal. Wilson will appear April 7 in Chaffee County Court for a formal advisement of five misdemeanor charges.
By Alicia McNally, LAW WEEK COLORADO
DENVER–Closing arguments for the Willie Clark trial began at 1 p.m. today. The case then moves to the jury for deliberation.
Clark is the suspect who allegedly murdered Denver Bronco Darrent Williams in a drive-by shooting on New Year’s Day in 2007.
Prosecutors wrapped up their rebuttal at 10 a.m. Tuesday. They’ve contended throughout the trial that the shooting was caused by an altercation at a nightclub where Clark and Williams were celebrating with their separate groups of friends. Among their witnesses included Denver Broncos Elvis Dumervil and Brandon Marshall, who were with Williams at the club, as well as some of Clark’s closest Crips gang associates. One of those associates, Daniel “Ponytail” Harris, said he sat in the backseat and watched Clark shoot out the passenger seat of a white Chevy Tahoe while driving.
They’ve also shown the jury a glimpse of the fear felt on the stand by some witnesses. One of the witness who initially refused to testify eventually agreed to talk in the prosecution’s rebuttal.
“Do you have concerns about testifying?” Prosecutor Tim Twining asked the witness, who due to safety issues can only be referred to as Julian.
“A lot of concerns,” Julian replied.
“What are those concerns?” he asked.
“The safety of my children, my mother, my ex-wife and my son,” he said.
However, Clark’s attorneys Darren Cantor and Abe Hutt have argued the credibility of witnesses like Harris because of their history of lying under oath and the prosecution’s attempts at undermining Clark’s credibility because of his gang affiliations.
“This case all from the beginning has been about gang code of silence and if there is a leg up here, it’s that the jury has heard that over and over and over again for two weeks,” Hutt said.
An exasperated Judge Christina Habas has repeated several times the difficulty of handling a case that is “saturated with witness intimidation.”
“In all the years I’ve done this job, I’ve never seen a case, not once where credibility was so obvious one way or another,” she said outside of the jury’s presence. “I’ m leaving the credibility to this jury. To twelve people except for one.”
UPDATE: Of the 18 jurors originally hearing the case, Judge Christina Habas dismissed two of them. Check out Denver Post’s Felisa Cardona’s interview with one of them.
By Alicia McNally, LAW WEEK COLORADO
A third witness has been jailed for refusing to testify against Willie Clark.
Clark is charged as being the gunman in the 2007 murder of Denver Bronco cornerback Darrent Williams. His involvement in the Denver-based Tre Tre Crips gang may influence the witness’ concerns.
Because of a recent burglary and other threats to the witness’ family that he claims is related to his testimony, he chose not to take the stand despite an order from Judge Christina Habas. The witness, the only one refusing to testify who brought representation, said that he would take the stand on the condition that his full name would not be published.
Clark’s defense and an attorney representing The Denver Post argued that the witness’ name has already been published in a public witness list and stated in opening statements available online. They offered to publish only his first name, but the witness still refused.
“Simply because it was made public at one point does not mean that there isn’t very real and present danger that would become imminent for my client if [his name] were published,” said David Kaplan, of Denver firm Haddon Morgan & Foreman and the lawyer representing the witness.
Law Week Colorado will not reveal the name of the witness due to the nature of his concerns.
“Don’t deny the people this critical evidence,” argued prosecutor Tim Twining.
But Habas said she could not grant the witness’ request because the name had already been revealed. Despite her empathy for the witness’ concerned for the safety of his family, she said she could not deny Mr. Clark’s right to a fair trial.
“I cannot require Mr. Clark to give up any portion of his rights to a fair trial by treating [this witness] differently than any other witness,” Habas said on Wednesday, when the issue was first brought to the court’s attention. “I cannot have private testimony. I can’t have witnesses tell me how to run their testimony.”
Two other witnesses, Mario Anderson and Kataina “Markie” Jackson-Keeling, have been jailed on similar issues since Feb. 24. They will remain in the Denver County Jail until they agree to testify.
“This is typical in a gang case,” said Fourth Judicial District Attorney Dan May, who is not involved in the trial but knowledgeable about prosecuting gang-related cases. “If they do talk to you and lie, that can be accessory for first-degree murder. If they say nothing, there’s nothing they can do.”
UPDATE: The prosecution wrapped up their case early Thursday afternoon. The defense is expected to begin their case Friday.
LAW WEEK COLORADO
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The question of who should operate the state’s e-filing system will be the subject of a special House Business Affairs & Labor Committee meeting next week.
A potential witness in the Willie Clark trial is so apprehensive about testifying that he wants the media to not publish his name and the court sketch artist to not draw his face, 9News reports. The news came to light outside of the jury’s presence during the mid-morning break.
By Alicia McNally, LAW WEEK COLORADO
DENVER—Opening statements from the prosecution and defense were heard by 18 jurors and alternates for the Willie Clark murder trial, which began Tuesday morning.
Clark, a 26 year-old member of the Crips gang, is accused of shooting Denver Broncos cornerback Darrent Williams, 24, in the neck at approximately 2:20 a.m. on New Year’s Day 2007. Williams died almost instantly from a shot in the neck when his rented Hummer limousine was sprayed with 15 rounds from a .40-caliber pistol. Clark has publicly denied his involvement in the murder.
Prosecutor Bruce Levin along with Chief Deputy District Attorney Tim Twining gave a summary of the evidence that will be presented during the trial, including a recorded telephone conversation between Clark and his “associate” Brian Hicks, who is currently incarcerated for an unrelated drug case, as well as the names of witnesses.
It’s still unknown when one of the key witnesses, Daniel Harris, is expected to testify. Among the list of high-profile witnesses includes Broncos wide receiver Brandon Marshall and former Broncos Javon Walker, Karl Paymah, Nate Webster and Demetrin Veal. They were all present in the vehicle when Williams was shot.
Darren Cantor, one of Clark’s defense attorneys, argued that some of the witnesses were testifying against Clark because they would be given lighter sentences in return. According to Cantor, Harris, characterized as a “a career offender” for multiple violent crimes including a prior conviction for a drive-by shooting, got two lifetime sentences reduced to five years for testifying against Clark. He’s already served three of those years.
The defense also presented photographs of witnesses and of the Hummer where Williams was when he was allegedly shot by Clark. Footage from outside the club where the incident occurred was also showed to the jury.
A metal detector is set up, and two sheriff’s officers are screening those entering Courtroom 11, where the trial is taking place over the next two weeks. Before the trial began, the defense brought up with Denver District Judge Christina Habas an issue of racial bias with the extra security.
“It’s been our issue with our sheriffs that the only people being stopped are young black men,” Cantor said. “Then only people not being stopped are white people and Hispanics. This is terribly inappropriate.”
Habas said she was unaware of the issue, but would discuss the matter with the sheriffs.
A live streaming audio feed was set up for some media outlets, but Habas ordered that they were not allowed so as not to bias witnesses. Approximately 60 people, including lawyers and legal staff, were present inside Courtroom 11. An “overflow” courtroom is in the Denver city council chambers down the hall.
Williams is the only child to his mother, Rosalind, and is the father of two children. They live in his hometown of Fort Worth, Texas.
Convicted murderer Ignacio “Michael” Ray Rael showed up to court Friday in a restraining chair because he did not want to be present for sentencing, The Durango Herald reports. District Judge Douglas Walker ordered that Rael be at the proceeding. Public defender Tom Williamson, who represents the defendant, said his client was “tasered several times” at the Montezuma County jail before arriving at court. “He was brought against his will,” Williamson said
Peter Maisel Jr., an officer of a labor union in Pueblo has been charged with embezzling $10,124 from the union between May and August, The Pueblo Chieftain reports.
Maisel was secretary-treasurer of Local Lodge No. 1517 of the Brotherhood of Maintenance of Way Employes. He’s charged in U.S. District Court in a 142-count indictment, which alleges Maisel embezzled by preparing and negotiating 141 checks, ranging in amounts from $30 to $125, drawn on the lodge’s bank account. One count alleges he embezzled a $692 check from the national union that was money due to the local lodge.
It is believed Maisel, 53, is no longer an officer of the lodge. Assistant U.S. Attorney Thomas O’Rourke is prosecuting the case.
By Matt Masich, LAW WEEK COLORADO
DENVER — A Lafayette woman was awarded $37 million from a three-year breach of contract verdict against Assurant Healthcare — the largest amount of its kind recorded here. An appeal is likely.
“I can’t imagine the insurance company wouldn’t appeal,” said appellate attorney Blaine Myhre of Isaacson Rosenbaum (who’s not involved in the case).
Should the case be appealed, there is more federal case law about punitive damages than there is Colorado case law, Myhre siad. Several U.S. Supreme Court opinions could apply. BMW v. Gore in 1996 said three factors should be used to determine whether a punitive award is excessive: 1. The degree of reprehensibility of the defendant’s conduct, 2. The ratio of economic to punitive damages, 3. The comparison of the punitive damages to the criminal penalties for similar conduct.
Jennifer Latham and her then-husband Frank “Alex” Latham were severely injured in October 2005 after being hit by Shawn Todero, a meth addict on the run from the Colorado State Patrol. Todero got a 30-year sentence but didn’t pay the medical bills. Jennifer’s insurance company, Assurant Healthcare, also wouldn’t pay her medical bills and ended up dropping her from the policy. She sued in 2006.
After deliberating for six hours, the jury awarded Latham $37.3 million. Latham’s attorneys were Marc Levy and Joshua Proctor of Greenwood Village firm Levy Morse & Wheeler.
Representing Assurant were Ellis Mayer and Allison Ailer of Denver firm Nathan Bremer Dunn & Myers. Neither could be reached for comment regarding a possible appeal.
By Ali McNally, LAW WEEK COLORADO
In addition to the decorum order she issued for the murder trial of Denver Broncos cornerback Darrent Williams on Feb. 22, Judge Christina Habas has ordered that no one could wear any “clothing, jewelry or reference to any sports team” in the court room during proceedings.
“I do not want to make this a circus,” Habas said. “If people want to exercise their free speech rights, they can go to the overflow court room.”
The “overflow court room” Habas was referring to will be the Denver city council chambers. Only audio of the trial will be available there.
The defendant, Willie Clark, 26, is accused of shooting Williams on New Year’s Day in 2007 while Williams was riding in a limo on the way back from a nightclub. Clark was indicted in 2008 on first-degree murder charges in relation to a drive-by shooting on New Year’s Eve in 2007. He’s told media sources that he did not commit the homicide.
Additionally, former Denver Bronco Javon Walker has been subpoenaed as a witness during the trial. He and other athletes will be present during the trial, and they have been asked not to wear their championship rings. The wide receiver was sitting beside Williams when he was shot and killed.
