The Associated Press published an article about the IRP6 case on April 5; A Just Cause says that article is a good start in garnering publicity, but fails to address key issues like that of the 200 pages of missing court transcripts.
Denver, Colorado (PRWEB) April 09, 2014
Advocacy group, A Just Cause, is gratified that the media is finally beginning to take notice of the IRP6 case. The Associated Press published an article on the ongoing case April 5, entitled: “Tight-knit Colorado community shaken by fraud case ((http://hosted.ap.org/dynamic/stories/C/CO_THE_IRP_SIX_COOL-?SITE=NMALJ&SECTION=HOME&TEMPLATE=DEFAULT).”
“A Just Cause has been attempting to get the Associated Press to take a look at the IRP6 case for several months and finally, they took notice,” said Sam Thurman of A Just Cause. “But, this is just the tip of the iceberg. There is so much about this case that needs exposing, not to mention the heartbreaking human stories belonging to the families of the incarcerated.”
The IRP6 case concerns an African-American company (IRP Solutions Corporation) in Colorado that developed the Case Investigative Life Cycle (CILC) criminal investigations software for federal, state, and local law enforcement. The company was raided in 2005 by federal investigators alleging that company executives were involved in illegal activity. The IRP6 (Kendrick Barnes, Gary L Walker, Demetrius K. Harper, Clinton A Stewart, David A Zirpolo and David A Banks) were convicted in 2011 after being accused of mail and wire fraud (D. Ct. No. 1:09-CR-00266-CMA). The IRP6 have been incarcerated for over 20 months in federal prison in Florence, Colorado while their case is under appeal.
“The Associated Press article doesn’t go deep enough,” asserts Thurman. “I sat in a group interview with the wives, children, and retired parents of a couple of the IRP6,” says Thurman. “The mother of Kendrick Barnes (IRP6) shared emotional comments that brought the room to tears. In my opinion, the article fell far short of showing the ‘human side.’ The whole process reopened painful wounds. I regret that the children were subjected to an interview where they were asked to recall painful and emotional events of their fathers not coming home,” exclaims Thurman.
Thurman says A Just Cause also takes issue with certain statements make in the AP article, particularly: “IRP6 supporters said it rankled them to see Arguello lauded (making reference to Arguello being inducted into the Colorado Women’s Hall of Fame). Their protests have taken a personal tone, with campaigners digging into the professional backgrounds of the judge and prosecutors in search of connections they see as suspicious…”. (http://hosted.ap.org/dynamic/stories/C/CO_THE_IRP_SIX_COOL-?SITE=NMALJ&SECTION=HOME&TEMPLATE=DEFAULT). A Just Cause challenges the reporter’s allegations that supporters are digging into the professional backgrounds of the judge and prosecutors in search of connections. Court records show evidence that confirm connections, and the IRP6 motioned that Judge Arguello recuse herself from the case, and she did not. (D. Ct. No. 1:09-CR-00266-CMA).
According to Bryson’s article, “…(IRP6 supporters) are calling for a court clerk to face charges because they claim passages from the trial transcript are missing.” (http://hosted.ap.org/dynamic/stories/C/CO_THE_IRP_SIX_COOL-?SITE=NMALJ&SECTION=HOME&TEMPLATE=DEFAULT). “Court records specifically address the issue of the missing passages of the transcript; it’s not just a claim,” argues Thurman. Court records show that, among several points under appeal, Attorneys for A Just Cause are petitioning the courts to release over 200 pages of court transcripts from the IRP6 criminal proceedings that are deemed critical by the defense for their appeal. Court records from the criminal trial of the IRP6 show that Court Reporter Darlene Martinez admits to omitting over 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). “Bryson’s article makes no mention that the arguments of 200 pages missing is directly tied to the appellant argument of a Fifth Amendment violation,” says Thurman.
The reporter interviewed Gary Walker and David Banks in the federal prison at Florence. The article cites, “At trial, prosecutors did not argue that IRP developed communications software (that) would make it easier for investigators to store and share information to fight crime and terrorism (http://hosted.ap.org/dynamic/stories/C/CO_THE_IRP_SIX_COOL-?SITE=NMALJ&SECTION=HOME&TEMPLATE=DEFAULT).” Court records contradict the reporter’s assertion and show that the IRP6 were fighting to show the legitimacy of their company but were denied motions that they filed in an attempt to illustrate to the jury the legitimacy of IRP Solutions Corporation (D. Ct. No. 1:09-CR-00266-CMA). “The fact that the IRP6 were not allowed to share critical forensics evidence provided by Califorensics, or expert witness testimony by an industry expert like Andrew Albarelle hampered the IRP6 from being able to present a complete defense,” says Thurman.
“In my opinion, the A.P. article doesn’t close the loop. It scratches the surface of the issue, suggests that the IRP6 are guilty, and does not offer information or evidence to the reader that court records are available that would show irregularities in this case,” states Thurman. “If readers are given the information, they can do additional research and decide for themselves, but the article does a poor job of suggesting that there was even a notion of innocence until proven guilty,” Thurman concludes.
In an email to A Just Cause, David Banks states, “Gary and I were asked plenty of questions (by Bryson), each receiving separate one and a half hour interviews, and I verbally referenced court documents and records that supported my answers but none were referenced in this reporting. We expected solid investigative reporting based on hard evidence and tough questions, but we didn’t get that.”
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-release/c21pq