Julie_Hayden's Blog

Two days worth of motions hearings in the Aarone Thompson case began today,  She's the 6 year old Aurora girl whose parents reported her missing in 2005.  Very quicky, police suspected they killed her and hid the body,  The investigation into that revealed horrific allegations of child abuse involving the seven other children living in the home.

Shelly Lowe, the step mother, died.  And Aaron Thompson, Aarone's father.,. was eventually indicted by a grand jury on 60 counts.... including Aarone's death and a variety of child abuse charges.

Although some information was revealed in the indictnment, a lot of if has been under seal.  Some new details today.  Prosecutors say the kids all talk about being beaten with a belt, baseball bat and electrical cord,... and of being locked in a closet for punishment.  Prosecutors also say the children were so afraid of Lowe and Thompson that they lied for them about Aarone's disappearance at first.... and that it took a long time for them to open up about just went on in that house.

Its going to be a hugely complicated trial.... and it became clear today that they will almost certainly postpone the November start date.   Thompson faces 60 counts.... and jurors will have to sort out which abuse information involves which child.  Defense attorneys wanted to have separate trials for allegations involving each child... but the judge said no.   the DA has endorsed 475 potential witnesses.... there are tens of thousands of pages of discovery,... thousands of pages of grand jury testimony and hours and hours of videotaped testimony.

Shelly Lowe died.... and it looks like a possible defense strategy could be to try to pin all the blame on her.

I can't help but think... law enforcement spent three years and who knows how much money investigating... prosecuting and defending Thompson.  How much better to have spent some of the money up front... and protect the children in that home.,. in the first place.

Former Bronco starting strong safety, Billy Jenkins is under arrest in a fatal hit and run case.

Aurora Police say Jenkins crashed into the back of a scooter, waiting to turn at S. Parker and Qunicy early Thursday morning.  51 year old Tracy Gill was thrown from the scooter and died at the scene.  Jenkins then crashed into another car... and shoved it into a third car.  The two drivers were treated for minor injuries.

Then, police say, an apparently drunk Jenkins ran from the scene into nearby Cherry Creek State Park.  He eventually came back to the accident site and was arrested.  SkyFox has pictures of a dejected looking Jenkins sitting on the curb, while the body of the man he allegedly struck lay in the middle of the intersection.

He's out on a $50,000 bond, accused of DUI, hit and run, vehicular homicide and careless driving.

A long way from the Superbowl, he played on the 1999 winning St. Louis Rams team.

He was a starting player with the 2000 -2001 Broncos team, and also played with Green Bay and the Buffalo Bills.

Our SkyFox pictures show Jenkins nicely dressed in a suit.  We've learned that while he was not a delegate to the DNC, he was on his way back from a DNC related party.

The US Attorney is dismissing alleged threats agains Barack Obama as the rantings of a bunch of meth heads.

And while they are publically downplaying the investigation, sources are telling me that privately, investigators are very concerned about the mens' ties to outlaw biker gangs and white supremacist groups.

And reading the affidavit... it seems to me that there might have been some degree of planning.  They had been staying in expensive denver hotels for up to two weeks... had some pretty serious weapons and ammunition and disguises etc. 

And apparently openly talked about killing Obama and one of the men being called to denver to help do just that.

Meth heads are not known for their organizational skills.... but to me it looks like these guys were up to something,

And it certainly would not shock me to learn the Feds were downplaying this while they continued a more serious investigation far out of the public eye.

What if you threw a protest and no one came???  That seems to be the case here.

Their web sites and news conferences vowed to disrupt the city and promised there would be "no business as usual" in downtown Denver during the DNC.

So far, not the case at all.  Various protest organizations indicated they would have thousands of people.... maybe as many as 25,000 or more, descend on Denver this week.  But the actual numbers aren't even close.

There were about a thousand people at Sunday's anti war march.  And they were so well behaved, they even waited at corners for the green light before crossing streets.

Today, only a couple of hundred people showed up for the march from Civic Center Park to the Federal Courthouse.

Granted, there are several more days and things could heat up, but I predict it won't be much.  There is a huge police presence, as they prepared for the worst and hoped for the best.  And even if a few hundred protesters decide to try to close down streets or block delegates... it won't take police long to clear them out. 

There is always the threat of violence that no one hears about in advance.  And while law enforcement sources say they haven't heard any significant rumors or hints of anything, I don't think we'll see a relaxing of security measures,

Got a tour of the Multi-Agency Communications center today.  Folks from 62 different groups will be manning the phones at the secret location.... watching computer screens, cameras, satellite inages etc.  Everyone from DPD, CDOT, Sprint and Norad.  (although I think if NORAD has to get involved, we're all in trouble).

I've talked to a lot of Denver and outside police officers about this and they all agree that we're about as prepared as we can be.  The biggest problem is, no one will really know just what impact protesters will have...until they have it.

Checking out their web sites, they definitely intend to try to disrupt the convention and downtown streets.  But it's going to come down to.... how many people will actually come out.... and how aggressive will they be?

Police have done hours and hours of training, but there are a lot of young cops who've never encountered this kind of thing.

Still, I was at the Pepsi Center yesterday.... and you can't help but be impressed. And proud of our city and our country.   It's going to be an incredible week.

This week, a Denver District Court judge agreed to give Ronald Kimbley increased freedom.  Former prosecutor Bill Buckley calls that "insane."  Back in 1975, Buckley prosecuted Kimbley in the brutal stalking and murder of Kimbley's romantic rival.  Four doctors determined he was legally insane, (it was a lot easier to get that determination back then) and he was sent for an indeterminate amount of time to the state hospital in Pueblo.  Doctors' notes show he shifted his aggression and obsession to Buckley.

In 1987, doctors there decided he was stable enough for a conditional, unsupervised release to Oklahoma, where he killed again, stabbing a young woman there.  he pled guilty to second degree murder, served 14 years in prison... and a few years ago was sent back to the state hospital in Pueblo.

Now... a doctor says he's much better and the judge agrees to let him leave the hospital campus and go into Pueblo or anywhere else for that matter, as long as he's supervised.  The eventual goal would be to let him back on conditional release into the community.

Okay.... this did not work the last time, and although doctors say therapies have improved and so has Kimbley.... Buckley says it's just too great a risk,

I have to say, I agree.  This is a guy doctors say harbored violent grudges for years.  When he saw us covering the story, he told us to "get lost."

I understand people can change, but mental health science is far from a perfect science.  And like Buckley pointed out... the last time the same hospital thought Kimbley was okay.... it cost a young woman her life.

I think, he already had one chance too many and it could be a costly mistake to grant him another.

What do you think?

Jon Phillips will be spending the rest of his life in prison.  Jurors took just three and a half hours to convict him on all counts, and then an emotional prosecutor asked the judge to hand down the maximum sentence on all counts.... and he did,

The first degree murder conviction carries a mandatory life without parole.  The judge added the 48 year max on child abuse resulting in death and one year on the tampering conviction... to be served consecutively.  That means... technically, after Phillips dies in prison... he still has 49 years to go.

Chandler's family members said what a lot of other people have said.... that what Phillips really deserves is to treated and tortured the same way he tortured Chandler.

And prosecutors acknowledged.... with all the hours of testmony and evidence... they still have no answer to the question... why.  I agree with their assessment that this kind of thing will never make sense to reasonable people.  David Lamb said these two people intensely disliked Chandler.... which to me is crazy.  He was just seven years old.  He suggested maybe something twisted in the dynamics between Sarah Berry and Phillips fueled the situation instead of bringing reason to it.  I agree with him that we will never know.  And about Phillips lack of response to really anything during the trial.. Lamb says he thinks Phillips has pretty much shut down everything inside of him. 

And prosecutor Verna Carpenter said hopefully we can all learn to be more alert and watchful over the children in our communities... and never again assume it;s someone else's responsiblity to step in where there's a problem.  And... as a community...become aware of the flaws in our social services system... and then make sure tbey get fixed.

A bombshell in Denver District Court today.  Just as jurors were beginning deliberations in Jon Phillips' case, Sarah Berry unexpectedly pled guilty to second degree murder and agreed to the maximum sentence of 48 years.  I assume that's an indication of what her attorneys thought about the prosecution case.... that she was willing to agree to 48 years rather than risk the possibility of life, which is what a first degree conviction would mean.

Prosecutors gave a powerful and emotional closing argument, asking jurors to stand up for a boy who was neglected, abandoned and tortured by adults who were supposed to be taking care of him. 

The defense gave as good a closing statement as they could, I think.  They pointed out what they saw as holes in the prosecution case, with the goal of trying to raise a "reasonable doubt" on the first degree murder charge.

  Jurors got the case and 4p and went right into deliberations.  And they did not ask for or take any afternoon break. 

Now defense attorneys and the judge are pretty worried about jurors in the Phillips case seeing reports of Berry's guilty plea.  The Judge admonished jurors not to watch or read any news at all tonight.

They're back at it tomorrow at 8:30.  Personally, I predict a quick verdict.

Closing arguments have just ended and the case is going to the jury.

Jon Phillips is accused of first degree murder, child abuse resulting in death and tampering with evidence.  There are also what are called "lesser but included charges."

That means jurors could find him not guilty on the more serious charges... but guilty of criminally negligent child abuse resulting in death. 

In a powerful closing statement, prosecutor David Lamb asked jurors to do what no adult ever really did fr Chandler.... stand by him and find Phillips guilty on all three major charges.

They said Phillips thought no one was watching him after January 11... 2007.... but Chandler's five year old brother was watching.  And prosecutors say he consistently aid the same thing over and over.... Phillips locked Chandler in the closet... deprived him of food.... cleaned out the closet after Chandler died and then called 911... and then sat down and watched tv.  They showed the picture Dominick drew of Chandler's "screams coming out of the closet... screams for food and water.

But defense attorneys pointed out what they see as holes in the physical evidence. No feces on Chandler's body or under his nails or in his hair.  And no evidence that he was washed or otherwise cleaned up after his death.  They say the feces in the closet came from a cat and is more consistent with the pattern of a dirty litter box than a boy being locked there.  They note there are bo scratch marks on the door... or any other signs on the door or Chandler that he struggled to get out of the closet.  They say that's because he was never locked in th closet.  They say diabetes caused his dehydration, not abuse.

I've covered a lot of trials and it's hard to predict what juries will do or how they will handle things.  But I think a quicj verdict is a good sign for prosecutors...... a lengthy deliberation could be an indication at least one juror is leaning toward one of the lesser charges,

The case wll probably go to the jury late this afternoon.... and we could get a quick verdict.

Closing arguments are set to begin in about a half hour.  The defense may call one more witness... Chandler's biological father... athough that's far from certain. 

Jon Phillips is facing a charge of first degree murder, child abuse resulting in death and tampering with evidence.  Lawyers and the judge spent the morning hammering out jury instructions. 

The defense medical expert is a strong witness, I think.  BUT....I don't know how much impact his testimony will ultimately have on the jury.

Dr.Stephen Factor has spent several hours testifying via teleconference, today.  A few technical glitches, but all in all the technology has worked well.

He told jurors it is his expert opinion that evidence from the autopsy shows that Chandler Grafner had diabetes.  He went through slides of the kidney and liver and explained that there were clear indictions of high levels of glucose in the boy's body.  He said other fluid, vitreous fluid... also had higher than normal levels of glucose .  Prosecutors argue those levels are the result of glucose administered during efforts to revive Chandler.  But Dr. Factor insists that would not be possible, because Chandler was dead. He says the evidence he saw would have had to accumulate in the body for some time before death.

He says the starvation and dehydration are consistent with diabetes.

DA Verna Carpenter is conducting an aggressive cross examination, but Dr. Factor is standing his ground, that Chandler had diabetes.  BUT... she also makes the point that the starvation and dehydration could be the result of being deprived of food and water.

Bottom line... I think this witness did raise a real possibility that Chandler had physical signs consistent with diabetes.  BUT.... there is plenty of other evidence that prosecutors say proves Jon Phillips and Sarah Berry systematically and deliberately starved him to death. Whether he had diabetes or not.  The big question is.... is it enough to raise reasonable doubt?

The key witness for the defense is up today.  He is in Portland, Maine and jurors are hearing his testimony via teleconference.  And to do that, they get to take a "field trip" to another courtroom... one with internet access.

Dr. Stephen Factor is a medical expert.... and defense attrneys hope to use him to convince jurors that Chandler Grafner died as a result f diabetes,... not murder.

I'm no expert, but Dr. Factor seems to havr impressive credentials and has testified in numerius cases across the country for both defense and prosecutors.

Dr. Factor says there were very high levels of glucose in the vitreous fluid in the eye and indicators of high glucose in the boy's liver.  I expect this later this afternoon, he will go on to testify that this is indicates diabetes.  Prosecutotrs acknowledge these high glucse levels... but their experts claim it's there as a result of injections made during efforts to do cpr on Chandler by paramedics.

But... Dr. Factor today flatly disagreed and says that's not possible.  He says the tissues where these high glucose levels were found would not have been affected by the cpr  injections.  He says the glucose was there before Chandler died, and that actually the levels were even higher than those found in the autopsy.

I think there are two hurdles the defense has to overcome to have this defense fly.  First... they have to convince jurors that Chandler had diabetes.  But then they still have to show that's what killed him.... and not the abuse and starvation prosecutors point to.

The Defense initially hoped to wrap up their case today, we'll see. 

The Prosecution rested today with some very strong testimony from the therapist who has been treating Chandler's little brother since Chandler died.  You check out the pictures on the main web site... or a couple of blogs down.

The Defense began it's case.  And I think their first witness backfired on them.  They called the Jeffco Social worker, who was monitoring Jon Phillips and the boys, after the birth mother lost custody.  She says she never saw anything but appropriate behavior, and even said Phillips seemed to have good parenting skills.  But she was very emotional on the stand.  And under cross examination, prosecutors pointed out all the bad behavior and abuse started, literally just days after the supervision ended.

I doubt that's a coincidence.  And I have to wonder just what was going on with this couple.  I know the final verdict is still up to the jury... but I don't think anyone has any doubt that there was at least some severe levels of neglect and abuse.  So why would they intentionally seek custody of a little boy.... only to begin abusing him days after the social worker recommends they get that custody?? 

Today's testimony ended with a defense expert on interviewing children.  I suspect he's going to attempt to say the little boy was coached and simply responding to suggestions, as children that age are apt to do.  But I listened to the cop interview, and while I'm no expert, it didn't seem to me that there was any way the child was being coached to say the things he did.  They were pretty specific.... and matched all along by pictures from the therapist... and physical evidence retrieved from the apartment.  That's a lot of coincidence.

Defense attorneys will also present a medical expert who is expected to testify that it's possible Chandler died from diabetes.

I don't think even the Defense attorneys expect Phillips to just walk here.  I think they are hoping for a child abuse resulting in death conviction, instead of a first degree murder conviction.  The lesse charge would at least let Phillips out of prison at some point.

To do that, they just need one juror who feels that Phillips was abusive and stupid... but not a deliberate killer. 

Prosecution rested after the therapist's testimony.

Defense has called their first witness, a Jefferson County case worker... who placed the children with Jon Phillips after Chandler's birth mother was arrested on an outstanding warrant back in 2006.  She says Phillips was described as the only dad Chandler had ever know and both boys were placed with him.  Phillips is the biological father of Chandler's younger brother.

Defense attorneys say they will call a maximum of five witnesses.  No indication whether Phillips will or will not take the stand,

Graphic and frankly disturbing pictures in the trial today...that Chandler's five year old brother drew over the course of the past year..with his therapist.

They call the book he was drawing in the "Something Bad Happened Book."

The therapist says in one picture that he drew on 9/4/07...the little brother shows Chandler in a rectangle.  She says he tod her that's Chandler in the closet, and that he was very skinny here."   The squiggly lines coming from the closet, he told her, are "Chandler's screams."  He told her Chandler screamed for food and water and to get out of the closet.

In July of 2007, she says the little boy told her he wanted to draw a picture of the last time he saw his big brother alive.

He says Chander was "sad"... and that's why he always draws him with a sad face.  He tld thge therapist his big brother's eyes were open and he was looking at him.  He wasn't able to talk because he had a sore throat and "it felt very sad."He says after Chandler died, his mom and dad (Jon Phillips and Sarah Berry) threw away a box and a sheet that were in the closet and then called "the ambulance men."  Then, he says they sat down and watched tv.

It seems to be that he may have actually seen Chandler in those final, dying moments and not realized what was actually happening.

He drew another picture of him and Chandler eating fish.  He told the therapist he didnt like fish and thought "Fish should be kicked..."  He says he and Chanlder hated fish and threw up.... and then the parents made them eat the "puke" and the fish.  You can see little objects with fins, those are the fish.  And the yellow circles by the fish are "Puke."

Another time, he drew himself in the closet, and showed his dad sleeping on the couch and Chandler in the bedroom. 

He also drew pictures of him and Chandler getting what he called "mean" showers... with freezing cold water pouring down on them.  And you can see figures he told the therapist are Phillips and Berry watching.

There is another picture he told the therapist is him and Chandler in the closet.  The little squares are the shelves over their heads and the stuff on the bottom is a sheet or blanket.  He told her "I am in the closet with Chandler.  The door is closed and we need to be there because we are in trouble."

She says once he asked her if her parents ever put her in the shower, and when she told him no, he was shocked.  She says his mouth actually dropped open.

She says he told her Chander was always getting locked in the closet for stealing food from the fridge.,  He says Phillips asked him to tell on Chandler and once, when he did, Phillips brought him a yellow ball as a reward.  He told the therapis...Chandler got put in the closet.

The prosecution will probably rest their case here prety soon and the defense will open with theirs late this afternoon.