Federal Court Reporter Darlene M. Martinez Appears to Admit To Omitting 200 Pages Of Court Transcript That Are Deemed Critical In The Appeal Of The Federal Conviction of The IRP6 - Six Colorado Businessmen
Denver, Colorado (PRWEB) October 10, 2013Court records show that Attorneys Mark Geragos, Cornell Johnson, and Tina Glandian have filed an Amended Complaint on behalf of A Just Cause in the United States District Court for the District of Colorado (Civil Action No. 13-cv-02260-RBJ-KMT, September 30, 2013) in the lawsuit filed by the advocacy group against federal court reporter Darlene M. Martinez.
The original action was brought by A Just Cause for breach of contract claiming that Federal Court Reporter Darlene Martinez entered into a contract with A Just Cause to provide stenography services for the entire trial proceedings of IRP Solutions/IRP6. (United States v. Banks, et al., case number 09CR266). The lawsuit asserts that A Just Cause paid Darlene Martinez for a transcript of the entire proceedings of the IRP6 case, which included, but was not limited to, all bench conferences. The complaint states that Ms. Martinez failed to provide the entire trial transcript as contracted for. (2nd Judicial District, Denver, Case 2013CV033380)
The First Amended Complaint filed by Attorney Geragos asserts, “Ms. Martinez's wrongful conduct resulted in excessive delays and a failure to produce a complete and accurate transcript of the underlying trial proceedings. Because of the delays and the omissions in the transcript which was produced, the criminal defendants in the underlying action have suffered substantial damages and they have been deprived of their constitutional due process rights. (Civil Action No. 13-cv-02260-RBJ-KMT, September 30, 2013)
The complaint further asserts, “Ms. Martinez breached her duty to (A Just Cause), and to the criminal defendants in the underlying action, through her negligent reporting practices, which resulted in the omission of a critical stage in the proceeding, and made it impossible for her or her agency to produce a complete and accurate transcript of the proceedings. (Civil Action No. 13-cv-02260-RBJ-KMT, September 30, 2013)
Court records from the criminal trial of the IRP6 appear to show that Court Reporter Darlene Martinez admits to omitting 200 pages of the transcript, and that Federal Judge Christine Arguello did not release the omitted pages. According to court records Judge Arguello stated, “First of all, the unedited version (of the transcript) cannot be used for any purpose... how many pages is it?” Martinez affirms, “Over 200 pages.” Judge Arguello further states, “Over 200 pages...for no purpose that I can see that would be served by having that at this time.” “I am not going to have an expedited, and unedited version (of the transcript) delivered to the defendants (IRP6)”, concludes Arguello. (D. Ct. No. 1:09-CR-00266-CMA, October 2011, Court transcript pages 2062 -2063)
“This lawsuit is critical to the appeal in the IRP6 case”, says Sam Thurman, A Just Cause. “Part of the appeal in the IRP6 case argues a violation of the defendants' Fifth Amendment right at trial during a bench conference with Judge Arguello and we believe that when there are over 200 pages omitted from a transcript, that gives definitive reason to question what is going on”, adds Thurman. The defendants argue that a critical portion of the transcript is missing which would substantiate the Fifth Amendment violation claim. Court records show that the defendants requested the transcript from court proceedings of October 11, 2011, but discovered that the sidebar discussion was missing. (D. Ct. No. 1:09-CR-00266-CMA) “We believe that when the Fifth Amendment violation is confirmed through trial transcripts, that will be grounds for overturning this case”, concludes Thurman.
The IRP6 case concerns IRP Solutions Corporation, a Colorado-based company that developed criminal investigations software for federal, state and local law enforcement. The case of the IRP6 (Kendrick Barnes, Gary L. Walker, Demetrius K. Harper, Clinton A. Stewart, David A. Zirpolo and David A. Banks) is currently under appeal in the 10th Circuit Court of Appeals. The men represented themselves pro se at trial. They were convicted in 2011 after being accused of mail and wire fraud. The IRP6 have been incarcerated at the Federal Prison Camp in Florence, Colorado since the summer of 2012. The IRP6 continue to maintain their innocence. (D. Ct. No. 1:09-CR-00266-CMA)
A hearing or trial date has not been set yet in the lawsuit against Darlene Martinez.
The case of IRP Solutions (IRP6) is currently under appeal (US District Court for the District of Colorado, Honorable Christine M. Arguello, D. Ct. No. 1:09-CR-00266-CMA; Case Nos: NO. 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 and 11-1492). For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org. Appellate Court panel includes the Honorable Senior Judge Bobby R. Baldock, Honorable Judge Harris L. Hartz, and Honorable Judge Jerome A. Holmes
Related press releases: http://www.a-justcause.com/#!press-releases/c21pq