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First Judicial District Division 2 CourtRoom 5-A Hall of Justice 100 Jefferson County
Parkway Golden, Colorado 80401 |
▲Court Use Only▲ |
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PEOPLE OF THE STATE OF
COLORADO - Plaintiff v. STEVE D. GARTIN - Defendant |
Case Number: 00CR3371 Division 2 -
L.P.A. CourtRoom: 5A |
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Defendant In Propria
Persona: Steve D. Gartin c/o 200 Jefferson County Parkway Golden, Colorado |
Motion for Veracity Challenge
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Comes now, Steve D. Gartin, pro-se, and moves the Honorable Court to Quash the
Search Warrant in the above captioned case and all the “fruits” thereof and as
grounds therefore hereby states for the record:
COLORADO STATE ATTORNEY
GENERAL'S OFFICE Investigator Gary Clyman offered false and misleading
information to Judge Jack Berryhill in his “midnight” application for a search
warrant within the four-corners of the only “affidavit” discovered to the
Defense relative to that search and seizure.
Where a defendant makes a
substantial preliminary showing that a false statement was (1) deliberately or
recklessly included in an affidavit submitted in support of a search warrant;
and (2) material to the magistrate’s finding of probable cause, the court must
hold a hearing to investigate the veracity of the affiant. United States v. Motz,
936 F.2d 1021, 1022 (9th Cir. 1991) (applying Franks v. Delaware, 438 U.S. 154
(1978)). The district court’s refusal to
conduct such a hearing is reviewed de novo.
Gary Clyman constructed a
FALSE and Misleading Affidavit in a meeting of the minds with Donald L. Estep
and an undisclosed “secretary” during the late hours of 19 September and the
early hours of 20 September while drawing “overtime” pay from an undisclosed
government agency without authorization to prosecute or investigate the
“Gartin” matter. The attached false
affidavit ostensibly was offered to the Jefferson County Judge Jack Berryhill
in support of an application for a “No-Knock Search Warrant” for a business
location in the City and County of Denver. {See Attached Exhibit A: Gary Clyman
Affidavit}
1. Gary Clyman alleges that he is an “expert” in
the field of “patriot investigations” based upon his 15 years of service. That
statement is false.
2. Gary Clyman alleges that the Accused is
“heavily involved” in the “patriot movement.”
That statement is false.
3. Gary Clyman alleges that the Accused told him
that his computer equipment was at 2310 South Decatur Street in Denver. That
statement is false.
4. Gary Clyman claims that “Gartin” had been
evicted from the Bonilla’s property. That statement is false.
5. Gary Clyman states that Hector Bonilla
advised that “if the Bonillas paid him $10,000 cash,
or allowed him to return and use the premises from which he had been evicted,
he would not file the liens.” That statement is false.
6. Gary Clyman states that Arabella Bonilla
denies that any such services as enumerated in the contested “Claims of Lien”
were performed. That statement is false.
7. Gary Clyman states that Mr. Sisson told
investigators that “Gartin is not owed any of the money, as no such work was
ever done by him.” That statement is false.
8. Gary Clyman claims that “Terry Sisson
manages the property for Dr. Auger.” That statement is false.
9. Gary Clyman claims that “Sisson advised your
affiant that Gartin recently told him that additional liens would be filed by
him against certain unnamed judges.” That statement is false.
10. Gary Clyman states that “according to
interviews conducted by your affiant, Investigator Estep, and other agents from
the FBI, Terry Sisson, Jim Perrin, and James Jorrison
have described Steve Douglas Gartin as having become very involved in the
“patriot” movement and that these liens are a result of this involvement. That
statement is false.
11. Gary Clyman claims that “In my 15 years
experience of investigating crimes committed by persons of the “patriot” movement
many file bogus lien documents against victims in an effort to extort money or
other things of value to which they are not lawfully entitled.” That
statement is false.
12. Gary Clyman claims “After being fully advised
of his constitutional rights per Miranda, he verbally waived his said rights.” That
statement is false.
13. Gary Clyman claims that “During the
Interview. . . He stated that he has personal papers, . . .at
the premises of Mr. William Godbey, 2310 and
Donald L. Estep and Gary
Clyman have exhibited a flagrant disregard for the truth in both statements and
affidavits and the Defense asserts the constitutional right to challenge their
statements.
Wherefore, the Defendant,
Steve Gartin, Pro-Se prays that this forthwith Motion for Veracity Hearing be
immediately granted.
Respectfully submitted,
_______________________________
Steve D. Gartin – Pro-Se
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First Judicial District Division 2 CourtRoom 5-A 100 Jefferson County
Parkway Golden, Colorado 80401 |
▲Court Use Only▲ |
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PEOPLE OF THE STATE OF
COLORADO - Plaintiff v. STEVE DOUGLAS GARTIN -
Defendant |
Case Number: 00CR3371 Division 2 -
L.P.A. CourtRoom: 5A |
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ORDER
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This
matter comes before the Court on Defense’s Motion for Veracity Challenge, dated
February 1, 2004.
The
Court finds that it has jurisdiction and hereby orders hearing be Granted _____ / Denied _____.
SO ORDERED this ____________
day of ______________________, 2002.
BY
THE COURT:
____________________________________
Leland
P. Anderson
District
Court Judge
Certificate of Service by United
States Postal Service
VIA Deposit in Jail Mail System
I, Steve D. Gartin, oversigned, do hereby certify that a true and correct copy
of the foregoing, Motion for Veracity
Challenge was personally deposited in the Jefferson County Detention
Facility “Jail Mail” System on the Fifteenth day of the Third month in the Year
of our Lord Two Thousand and Two,
addressed to the following parties:
The Honorable Leland P.
Anderson
Division 2 First Judicial
District
100 Jefferson County Parkway
Golden, Colorado 80401
Thomas C. Miller, Esquire
Counselor At
Law
Boulder, Colorado 80302
Marleen M. Langfield, Esquire
Deputy State Attorney General
Special Prosecutions Unit
d.b.a.
“Special” Jefferson County Deputy District Attorney
c/o District Attorney David J. Thomas, Esquire
Jefferson County District
Attorney’s Office
500 Jefferson County Parkway
Golden, Colorado 80401
AF Pugliese Investigations
and Security
P.O. Box 472276
Aurora, Colorado 80017