County Court, City and County of Denver, Colorado Lindsey-Flanigan Courthouse, Room 160 520 W. Colfax Ave. Denver, CO 80204


The People of the State of Colorado

JOSEPH M. MORALES, Reg. No. 24706

Chief Deputy District Attorney I For: Mitchell R. Morrissey, Reg. No. 13784 . i District Attorney
1201 West Colfax Ave., Dept. 801 Denver, CO 80202 I Phone Number: 720-913-9000




Case Number: Div.: Criminal

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o Warrant Requested

Bond set at: $

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Court, City and County of Denver, Colorado Courthouse, Room 160 520 W. Colfax Ave. Denver, CO 80204 The People of the State of Colorado SUSAN A COLE (DOB: 1012111954)
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j Plaintiff:

I Defendant:





Case Number:

/t:2C120/02.0 I

I / ./1" I D'IV.: C' . 1 Ct1111: _'"11_o:_ rrmma ,

of lawful age do swear upon my oath to the facts set forth below and on 5

Your affiant, BRAD UYEMURA, an investigator for the Denver District Attorney's Office, Economic Crime Unit, was assigned to investigate allegations of Perjury In The First Degree in violation of 18~8-502, C.R.S. and Attempt To Influence A Public Servant in violation of 18-8306, C.R.S. by SUSAN A COLE against KELLI WESSELS, JUDGE ANNE M MANSFIELD and STATE OF COLORADO 2ND JUDICIAL DISTIUCT. On October 17, 2011, your affiant was apprised of a situation that had occurred during the jury selection process for the June 28, 2011 trial of The People of the State of Colorado v. David William Lucero; 1OCR04523. On October 11, 2011, the Honorable Anne Mansfield in whose Denver District Courtroom the aforementioned trial had taken place, was listening to the Dave Logan talk show on KOA radio. Logan and his radio colleague Dave Krieger were taking listener telephone calls on the topic of avoiding jury service. One of the show's callers related an elaborate story of how she deliberately dressed in a disheveled and uncoordinated fashion with the intent of appearing mentally unstable. The caller then indicated that her appearance had the desired effect as it drew stares from fellow jurors and she was ultimately excused by the judge in the courtroom. Judge Mansfield recalled a similar incident during the voir dire process in a trial that had occurred earlier that year in her courtroom, Denver District Courtroom 4H. Judge Mansfield was able to recall that the call was aired sometime between 6:00 and 6:30 on the evening of October 11,2011. Subsequent to the receipt of this complaint, your affiant was able to search the KOA Radio 85

Page 2
website and was able to download the podcast from the portion of the Dave Logan Show that aired from 6:00~6:30 on October 11, 2011. Upon reviewing the podcast, your affiant noted a caller to the show named "Char from Denver". Char related that she had received a jury summons ordering her to appear for service on June 28, 2011. The day before she was to appear, there was a fatal motorcycle accident two blocks from her home. Her roommate owned a motorcycle and Char initially thought he might be the victim. She ultimately learned that was not the case, but found the experience emotionally draining. Char indicated that when she awoke the next morning (6/28) she remembered she had jury duty that rooming. Char then stated that she was still so emotionally overcome and had too many other activities coming up that she did not want to be Involved in jury service. Char went on to detail an idea she devised to appear to be mentally unbalanced when she appeared for jury service. This entailed wearing mismatched shoes, reindeer socks she had received over the holidays, and a shirt that bore the caption "Ask me about my best seller". Char also left her hair in curlers and applied an excessive amount of makeup" Char indicated that this was out of character for her as she was a beautician by profession and sold Mary Kay products. Char said that she was going to act as if she was "really cool" when she arrived for her jury service. Char stated that she was selected for a panel but was ultimately successful in avoiding jury service. When the judge in the courtroom asked if there was anyone on the panel with mental health issues that would affect their service, Char raised her hand and was excused from the panel. Char went on to describe how she shared this experience with clients at her hair styling business and that they all found the story amusing. Your affiant was able to obtain the juror list for the June 28,2011 trial of The People of the State of Colorado v. David William Lucero, 10CR04523that took place in Denver District Courtroom 4H. Further, your affiant was also able to obtain the court reporter's transcript from the jury selection process in that matter. Upon reading the transcript, your affiant noted that early in the process, the jury panel was sworn in by Judge Mansfield. Later in the proceeding, your affiant noted the following exchange between the judge and a prospective juror in response to the judge's question to the panel about anyone being unable to serve due to a physical or mental disability: .

Page 3


rIm Juror 4361, and I broke
And I have a lot stress disorder.

out of domestic violence of repercussions.

in the military.

One is post-traumatic

Another thing is r get very confused in the morning when try to get ready. Other issues r have -detail.

do not want to go into

And I'll tell you what, I just get too emotional. violence with a suitcase on my records are now missing.

And breaking out of domestic

back from Germany and my military

have lived on the street, and

have worked And

myself up to living with my cousin and stuff. want to emotionally


go through this,
What is your name? JUROR:
-Susan Cole.

Any objection

to excusing Ms. Cole?


NO, Your Honor.

NO. Judge. All right. MS. cole, you are excused.

Further, your affiant requested and received a written statement from Kelli Wessels, the court reporter for the aforementioned proceeding. Wessles submitted the following information:

Page 4
November 14, 2011 In the case of People of the State of Colorado vs. David William Lucero, Case No. 1OCR4523, I was the court reporter for jury sele01ion on June 28, 2011, in Courtroom 4H. Durinz rhe'jury selection process, I looked up and saw a female juror (Juror No, 436l) with hair . curler; in her hair of all colors, shapes and sizes. The juror also had on two different colored socks as \vell as two different shoes. Her makeup looked like something you would wear during a performance in a theater. Then 'When the judge asked the entire panel rf anyone had a mental illness.Juror No. 4361 stated she had difficulties getting ready in the morning. which was apparent to me by the way she was dressed. Subsequently, Juror No. 4361 was excused by the Court, Yom affiant then examined the juror list provided by the commissioner's office for the 6/2811 1 panel sent to Courtroom 4H in the matter of 201 OCR 4523 . Your affiant learned that juror 4361 was Susan Cole of S. Decatur Street, Denver, CO. Subsequent investigation revealed that Cole was born 10/21154 and was a state licensed beautician I hairdresser 1 cosmetologist. Your affiant also found that the owner of the property at S. Decatur St was and is William Bruce Henderson. ML Henderson holds a Colorado Motorcycle Operator's License and owns a 2007 Yamaha Motorcycle. Further your affiant discovered that that on the night of June 26, 2011, there was a fatal motorcycle accident in Denver at the intersection of Federal Blvd. and West Virginia Avenue. TIns location is two blocks west and a block south of Cole's address of S. Decatur Street. On February 16,2012, your affiant responded to S. Decatur Street. Your affiant spoke to a male party at that address who indicated that Susan Cole did live there, but was away at work. Your affiant left a business card with the individual and asked that he give it to Cole upon her . return. On February 23, 2012, your affiant was contacted via telephone by an individual identifying herself as Susan Cole. Cole stated she was responding to the business card left at her residence by your affiant. When your affiant explained the circumstances behind the attempt to contact her, Cole readily admitted she was the juror in question. Cole then recounted the motorcycle accident that had occurred prior to her scheduled jury service and her fear that it was Mr. Henderson (who is actually her cousin) who had been killed, Cole then related her state of mind when she awoke the next morning and remembered that she had to report for jury service. Cole indicated that she normally did not function well in the mornings and was especially inefficient the morning of her jury service. She attributed some of this to being afflicted with post traumatic stress disorder (PTSD) that had developed as a result of an abusive marriage. Cole then stated that she did dress in an uncoordinated, unkempt manner and also left curlers in her hair and wore excessive make up but did not have the energy or inclination to improve her appearance,

Page 5
Cole remembered addressing the judge when there was a general question asked of the panel about their mental/emotional abi1ity to serve as a juror. Cole verified that she responded to the question and indicated she would have problems with juror service as a result of the PTSD she had developed as a result of her abusive marriage while stationed with her husband overseas. Cole also cited her difficulties functioning in the morning. Cole recalled being discharged from jury service by the judge. Cole stated that she did in fact call the Dave Logan show in the fall of 2011 when the show was taking calls about avoiding jury service. Cole indicated she was a frequent listener to the show and had called in at various times in the past. In explaining why she caned in with the name "Char", Cole said that she was an author and used the pen name «Char Cole", Cole then agreed to meet your affiant later that day at the Denny's Restaurant located at Alameda A venue and Santa Fe Drive. In preparation for this meeting, your affiant copied the KOA recording to an mp3 player and took it to the interview. After arriving at the Denny's, your affiant offered to play tile recording for Cole to refresh her memory as to the content of the conversation and to better familiarize her with the complaint the judge was making. Cole declined to listen to the recording as she stated she had "grown and moved beyond" that time in her life. Your affiant made several more attempts to convince Cole to listen to the recording stressing the potential serious consequences if Cole could not adequately explain her actions as described on the recording as well substantiate her sworn assertions of PTSD made in open court. Cole was steadfast in her refusal to listen to the recording and was only interested in knowing if your affiant was recording the meeting with the mp3 player. The mp3 player was not in record mode for this conversation. Cole indicated that her military medical records from the period of time she was a victim of the domestic violence while she and her husband was stationed overseas had been lost by the army. Cole stated that the diagnosis of her PTSD was made by Sue Heritage a diversion counselor who was employed by the Jefferson County Court. Cole said that this was an observation made by Heritage and there was no follow up by another professional nor was there any sort of formal diagnosis. Cole then indicated Heritage had subsequently passed away. Cole thenpresented your affiant with a copy of her published book "7 Initiations with El-Way's Secrets" and told your affiant that the book detailed her struggles with her abusive past and the subsequent issues with PTSD. Cole claimed that the contents of the book would authenticate her life history and subsequent PTSD issues as well as the solutions she has employed to deal with those problems. Your affiant accepted the book but again repeated the gravity of the situation and told Cole that any documentation she could provide to authenticate the claims made to the court were in her best interests. Cole indicated that she could probably provide more substantiating information. On February 27, 2012, your affiant received a fax transmission from Cole that contained the

Page 6 purported exculpatory information, The documents consisted of an Authorization For Disclosure of Army Medical Records, a letter from the Army indicating there were no medical records for Cole in their system, a letter from the Jefferson County DA's Office verifying Susan Heritage was an employee with their Diversion Unit and did counsel victims as part of her job description, a flyer describing behavior patterns of battered partners that included Susan Heritage's business card, correspondence to the Army as weIl as legal documents pertaining to Cole's divorce none that assert Of acknowledge abusive behavior or domestic violence on the part of any party. Your affiant was able to verify Susan Heritage's date of death as 1/20/07. Further, your affiant did locate Department of Labor records that reflected her employment with Jefferson County Government from 2006 to the 1st quarter of 2007. Your affiant has spoken with Camille DeBell of the Diversion Services Unit of the Jefferson County DA's Office. DeBell had written the aforementioned letter concerning Susan Heritage's position with the unit. DeBell indicated that their diversion program used to provide victim services in addition to the regular program. The services were offered to victims of assault or other crimes against persons. DeBell said that Cole had recently come to the department looking for her file as she stated she had been in Susan Heritage's victim group. DeBell stated that those files were no longer available, Cole then asked if DeBell would then write the letter mentioned earlier in this report. DeBell had neither recollection nor any verification that Cole had attended one Heritage's victim's groups. DeBell stated that Heritage was a licensed clinical therapist. DeBell recalled that Heritage acted more as a resource for services and information such as safety plans for victims. DeBell indicated that she and her co-workers who were at the unit during Heritage's time there didn't recall her making any diagnoses of conditions or disorders, but would send the clients out to another counseling provider. Based on the foregoing, your affiant respectfully requests that all At Large Warrant be issued for the arrest of SUSAN A COLE, DOB: 10/21/1954 for Perjury In The First Degree in violation of 188·502, C.RS. and Attempt To Influence A Public Servant in violation of 18-8-306,C.R.S ..

I affirm this information to be true and correct



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