Trial Update
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As all of you know Koleen will be going on trial January 6th 2003.
This webmistress (that's me) will be covering the trial extensively
both with photographs and commentary. Should you have any questions feel free to e-mail us with your comments- thanks!
I wrote this in reverse, so when you start reading it is like the beginning of a story, sorry for that i should have put the most recent first but didn't, most important is that i did cover it and i have it all up here for you- so bear with me!
Koleen Hugs her Attorney Michael Andre
As all of you know Koleen will be going on trial January 6th 2003.This webmistress (that's me) will be covering the trial extensively
both with photographs and commentary. If you need to update yourself on the trial just visit the trial update page. Should you have any questions feel free to e-mail us with your comments- thanks!
January 4th, 2003
Since my last update I have discovered that I have been subpoenaed to testify in koleen's trial. I have yet to receive the documentation to support that however, my sources are VERY reliable. This of course places me in an awkward position, at least until after the trial is over...so the bottom line? Stay tuned........you will not be let down.
January 5th 2003
Okay then, subpoena received yesterday. hmmmm.. I do have excellent sources.
January 6th
Well folks, the trial is already a half day behind. Jury selection began at 8:30 am this morning with approx 68 candidates.
By noon they had narrowed it down to 30, and finally at 5:15 pm the 12 jurors were selected. Phew!
The courtroom was filled with press. Rumor has it that Denver's Channel 4 will be covering the trial with a 20 minute delay, again that has not been confirmed. But I was informed that the courtroom was permitted one still camera today and was wired for video and audio today. So in other words check your local press for coverage. As any form of media knows Koleen is "hot" and sells. I mean come on, that is why they are there.
Another big "rumor" in the District Attorney's office is that Karen Romeo will be resigning and going into private practice after this case. Although the following can not be confirmed I also heard that she was interested in submitting an application to the television show "Survivor". Do you really think she will use Koleen as a reference? I guess that depends on if she survives this case.
Keep hitting, I won't let you down.
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Koleen Brooks maintains she is innocent.
Last February, Brooks, a former stripper, told 7NEWS that she was attacked, cut and scratched while walking home from the beauty salon that she had owned. She said her attacker had barbed wire and tried to slash her throat.
Authorities say the evidence was questionable so they charged her with false reporting.
Brooks has claimed the assault was politically motivated and that the police never took her attack seriously. She worried that her foes may have planted something in her house to wreck her political career.
Investigators said that her scars were superficial and that they appeared self-inflicted, or at least, made with her knowledge.
Georgetown voters recalled Brooks, 37, from office last year by a 2-to-1 ratio. Zoning changes were the official reason, but people were angry about Brooks' actions, 7NEWS reported.
Her notoriety leading up to the recall election made national news. She was investigated for allegedly ordering a hit on a police officer, but the Colorado Bureau of Investigation said there was insufficient evidence. Brooks also was accused of baring her breasts in a local bar last October, a charge she denies.
The case against Brooks was originally filed in Clear Creek County.
A judge granted a transfer to Eagle County so she could receive a fair trial.
If convicted of tampering with evidence, she could face up to 18 months in prison and a fine of $100,000. She is also charged with false reporting, a misdemeanor punishable by up to six months in jail and a $750 fine.
January 7th
Okay then- apparently Wendall Pugh, Forestal, Kerry Ann McHugh and the Ambulance Drivers all testified today. Some said the prosecutions questioning was so boring it almost put some to sleep. But the good news is- it was said by one of the witnesses that Koleen was "too vain" to have ever inflicted injury on herself.
In other words- all looks good on home court.
I personally am scheduled to testify at 3:30 tomorrow afternoon.
I may be a bit late on my coverage tomorrow but I'll fill you in!
January 8th
Here are some links for you folks who want the Denver newspapers recent reactions and comments to this trial.
"Georgetown's former mayor to go on trial Monday"
" Brooks jury selection for ex-mayor consumes day"
"Fingernails chip away at defense"
"Investigators testify against former mayor"
As for me, I am "on call". The trial has fallen behind and my scheduled testimony
has been delayed, hopefully i won't have to testify at all. It is a long drive.
January 9th
"Jurors see brooks photos"
"Georgetown mayor's assistant contacted the CBI soon after alleged attack, agent testifies"
Ex-friend recants support of Brooks
As I write this it has been revealed to me (by an extremely reliable source) that the only reason I was subpeoned was to keep me out of the courtroom. That way I could not post on this web site. I have heard stranger tales but none could take the place of this.
Right now it is 11:00 pm mountain time. The jury is in deliberation and "wants to get it over with tonight" The news cameras and reporters are waiting like vultures to discover the much awaited verdict. They plan to ticker tape the verdict across the networks.
I will keep you informed.
Ex-Stripper Mayor Takes Stand
Investigator Denies He Tampered With Evidence In Brooks' Case
POSTED: 10:19 a.m. MST January 9, 2003
UPDATED: 4:35 p.m. MST January 9, 2003
EAGLE, Colo. -- A decision could come as early as today in the case against former Georgetown Mayor Koleen Brooks, who is accused of attacking herself to gain publicity and sympathy.
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Brooks, a former topless dancer, faces charges of lying about the attack and tampering with evidence.
She is expected to take the stand today.
She told 7NEWS last February that she was attacked, cut and scratched while walking home from the beauty salon that she had owned. She said her attacker had barbed wire and tried to slash her throat.
A Colorado Bureau of Investigation agent who investigated the alleged attack testified in the Eagle District courtroom Wednesday that he was alerted to a possible false report by Brook's personal assistant.
Chris Andrist said that Kerry Ann McHugh called him.
"She asked me if we were going to be bringing charges against Ms. Brooks for filing a false report," Andrist said.
Andrist denied that he tampered with evidence. 
CBI forensics expert Cordell Brown testified that the tears in the clothing Brooks was wearing wasn't consistent with the cuts and scratches on her body.
Investigators said that her scars were superficial and that they appeared self-inflicted, or at least, made with her knowledge. Her clothes, on the other hand, were a bit torn up and bloodied.
Defense attorneys argued that authorities focused too much on the possibility that Brooks was falsely reporting the attack and ignored other leads. Brooks believes the assault was politically motivated and that the police never took her attack seriously because they do not like her.
Brooks said she was offered a deal that would have allowed her to plead guilty to only a misdemeanor for false reporting, but she turned down the offer.
The tampering charge is a felony, punishable to 18 months in prison and a fine of $100,000.
Brooks is no stranger to controversy. She was previously accused of trying to hire a hit man to kill a police officer, and it was alleged that she had a personal relationship with a former assistant district attorney.
Brook's term as mayor of Georgetown was shortened when she lost a recall election in April.
She then closed her hair salon and declared bankruptcy.
She says her political opponents framed her. She lost the mayorship of the mountain town 40 miles west of Denver in a recall election, and had to close her hair salon and declare bankruptcy.
Brooks said she was offered a deal that would have allowed her to plead guilty to a misdemeanor. The tampering charge is a felony.
"They offered me community service, a misdemeanor, and to apologize to Georgetown. Are you crazy?" Brooks said in an interview with KCNC-TV on Monday.
"I don't know if I am going to testify. It scares me to death. I'm very emotional," she said.
12:43 am January 10th 2003
I Just hung up the phone with Koleen- the verdict is in.
Felony Charge Tampering with evidence----------NOT GUILTY
False Reporting---------------------GUILTY
False reporting is a misdemeanor punishable by up to six months in jail and a $750 fine.
Sentencing for This case will be held February 5th, 2003
January 11, 2003
Brooks maintains her innocence.
"Nothing was brought to justice as far as I'm concerned. There's no assailant, they didn't go off with that, they focused on me," she said. "And it's no different than what I've been going through for the last three years. So, I kinda feel ... I don't feel justice."
Brooks said that she does not know if she will appeal the guilty verdict.
We have exceeded our bandwidth
that is what happens when you have over 8000 visitors in 2 days
What that means is each time you hit this site it cost me (your merry web mistress) money
January 13, 2003
Some more links to keep you updated on the latest here
at editorial central-
"I don't understand how much attention she generates without even trying," Brooks' sister, Kirsti said. "She's colorful. She's strong. She's vibrant. She has a big presence. She certainly fills a room."
I believe that statement says it all. ANYONE would agree with that-friend or foe.
Edward Tomasi, formerly on the Georgetown Board of Selectmen, testified Thursday that he had been concerned about Brooks' safety as mayor because she was being harassed by a member of the town police department.
Outside in the hall immediately after testifying, Tomasi told Speakout! that the police department was “out to get Koleen” and that Chief Forrestal “didn’t do anything to her complaint about being harassed.”
"They presented more evidence than you would expect in a homicide," defense attorney Michael Andre said.
Andre also called bloodhound expert Alan Duffy, of Broomfield, who was videotaped about two weeks after the alleged attack with a dog picking up a scent from the alleged crime scene. Duffy said he interpreted the dog's actions as a sign a crime had occurred. Duffy said when people commit crimes, they become anxious and leave a strong scent that a dog can follow more than a year later.
While a jury watched nearly everyone on the right side of the courtroom moved to the left to observe, including Brooks the pathologist showed pictures of how one scratch went under her purple thong underwear on her muscular frame but left the garment undamaged.
As for the undamaged underwear, Brooks countered that she wasn't wearing any.
For the record folks- I am here to tell you (after reading the discovery pages) that those photos were taken the day after the attack. The CBI came to Koleen while she was resting at a friends house to take the pictures and interview her again.
Now come on, if a bunch of guys were taking pic's of you "for the record" you'd keep your panties on. Apparently the prosecution got their panties in a bunch.
During the trial, Georgetown cop Mark Dillard admitted trying to organize opposition to Brooks' campaign to be mayor.
Their conflict intensified after she took office.
She accused him of harassment when he charged her with disorderly conduct after a confrontation in a bar. He accused her of trying to hire a hit man to kill him.
State investigators looked into claims that Brooks tried to have a police officer killed, but no charges were filed. Brooks blames the officer's ex-girlfriend for starting the rumor. The disorderly conduct charges were dropped as well.
Attorney Michael Andre, took Brooks' case for free, suggested to the jury that Dillard had tampered with evidence, which could explain why cuts in Brooks' sweater and T-shirt didn't match her wounds.
January 14, 2003
Here are a few quotes "from the record" from some present and former Georgetown residents.
"I've really got no thoughts on that one way or another," said Malcolm Schaefer, a Brooks political supporter and failed candidate to take a spot on the town board April 2. "Eveyrbody's got to do what they feel is in their own best interests."
February 5th 2003Well Judge Hart has a heart- The procecution argued for one year supervised probation, the maximum fine, an apology letter to Georgetown and 250 hours of community service.
Judge Heart said-$250.00 fine Ms. Brooks, you're free to go-
To all of you who have supported Koleen she sends her sincerest gratitude.
This web site will soon be revamped and reveal Koleen's new position,
so be sure to hit koleens calendar to keep up.
In February, 2002, Koleen Brooks claimed that she was attacked by a man
on the way home from her salon DARE TO BE DIFFERENT. The story soon
hit the newspapers--she was accused of fabricating the story and tampering
with the evidence.This page offers continuing coverage of the trial and the
events associated with it.
Although the trial date was set for November 12th,2002 it did not happen.
The courts have reset the trial date for January 6th,2003
The "Bloodhound Tape" will be permitted as evidence in the trial.
Koleen Brooks at Eagle County Courthouse on Wednesday, September 4th, 2002
Andre said that Koleen Brooks is “considered to be an unpopular person. What do we do with unpopular people, we charge them with felonies instead of misdemeanors.
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Friday's Internet Edition, September 06, 2002.
Former Georgetown mayor motions for dismissal of felony charge
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By Michael Cacioppo with opinion following - EAGLE – “I’m ready to go to trial,” declared Koleen Brooks, in the hallway of the Eagle County courthouse.
Brooks, the recently deposed Georgetown Mayor, was discussing her future as a six-week fill-in DJ for KBPI Radio in Denver. Brooks will work 10am to 3pm five days per week.
But, inside the courtroom, her attorney, Michael Andre, is not quite yet ready for trial. Andre gave a passionate speech to District Judge Richard Hart asking that Hart throw out felony charges for allegedly false reporting of a rape attempt on Brooks just prior to her recall election.
Andre said that Koleen Brooks is “considered to be an unpopular person. What do we do with unpopular people, we charge them with felonies instead of misdemeanors.”
Andre continued, “It’s not because they can prove this case ... it’s because she’s not popular ... somebody who needs to be taken out.”
Assistant District Attorney Mark Hurlbert was taken back by Andre’s comments and told Hart that the remarks were “fairly preposterous. I stand on my own record. There’s nothing political about it (the felony charge).”
Andre and Hurlbert are former law school classmates, 1994 graduates of Colorado University School of Law.
Judge Hart took the motion under advisement and should rule soon. The next hearing date is scheduled for Wednesday, October 2nd at 3pm. A jury trial date is scheduled for November 12th.
Opinion
At the hearing, Andre clearly out-debated the under-gunned Hurlbert with his passionate speech that appeared to come from the heart as opposed to his notes. Andre paced back and forth behind the podium, rarely looking at his notes and captivated those listening in attendance, including the editor of the Clear Creek Courant, who also opined in his story that Hurlbert’s delivery was weak.
Look for Judge Hart to dismiss the felony charge.
Hurlbert’s remark that their was nothing political about the felony charge as opposed to a misdemeanor charge fell on attentive ears to this writer, who personally defeated Hurlbert in a traffic case after Hurlbert lied about dismissing the traffic charge if I presented a video tape clearly demonstrating that a road was not marked with no-passing signs nor no-passing lines.
After producing the tape, Hurlbert reneged and wanted to take the case to trial, however he lost a motions hearing before I kicked his butt before a jury. Clearly, his reneging was political because Speakout! had and continues to be all over the District Attorney’s office for over-prosecution.
Hurlbert also caught my wrath when he dismissed all charges against my then 17-year-old son after I turned him in for childish nonsense. After the sheriff’s department promised a fine and some community service, Hurlbert wrote a letter letting my son off totally because he had “good grades.”
I said, “What’s the message your sending him when you let him off without any consequences?”
Hurlbert didn’t care. He was trying to show me up in front of my son.
Hurlbert admitted Tuesday that he wants to be District Attorney. Amazingly, Hurlbert claims to be a Republican.
There is a dearth of experience now in the District Attorney’s office with the recent departure of former Assistant D.A. Rob Wheeler and former Eagle Chief John Clune. Dave Lugert, another experienced prosecutor, parted ways with D. A. Mike Goodbee, as well.
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This is an on-line publication of
Speakout, Inc.
P.O. Box 690
Edwards, CO 81632
(970) 926-8882
For comments or questions, email
Publisher:Michael Cacioppo mailto:cacioppo@speakoutvail.com
Koleen pictured with her attorney, Michael Andre
outside the Eagle County Courthouse.
September 5,2002
Empire Briefs
Ex-mayor challenges charge
EAGLE - The attorney for deposed Georgetown Mayor Koleen Brooks,
accused of falsely reporting being assaulted, argued Wednesday that the
most serious charge should be dropped because it is "unconstitutionally vague"
and doesn't apply in her case.
Brooks, a former stripper who was recalled from office last April, faces a
felony charge of tampering with evidence in the February incident that left
her with minor bruises and abrasions.
Investigators, however, don't believe her account of being attacked by an
unidentified stranger and insist that she inflicted the injuries on herself.
Her attorney, Michael Andre, argued before District Judge Richard Hart
that the charge of tampering with evidence applies only when someone
alters physical evidence when facing an official proceeding such as an arrest
or trial. Brooks, he said, had no idea that she would be arrested when she
reported the injuries.
Wednesday September 4,2002
An Account of Events
by Gregory Falon
Koleen Brooks with her attorney Michael Andre appeared this morning before
Judge Hart for Motions. There were five matters which required judicial input.
1. Michael Andre filed a motion for a bill of particulars. A bill of particulars is a
statement or addendum to the charging document which describes in further
detail what actions by a defendant constitute the crime charged. The
government is restricted at trial to using the matters contained in this bill
of particulars. It is due in two weeks.
2. Michael Andre argued that Dillard's personnel file should be reviewed by
the court and released to the defense. He told the judge that typical internal
affairs files have confidentiality provisions which this one does not. He further
explained that anything pertaining to her propensity toward misconduct or
dishonest must be furnished to the defense.
3. Karen Romeo confessed Michael Andre's motion for production of evidence
and promised to get all dispatch tapes, photos, communications, notes, or
otherwise from the police. She said that there were no e-mails or electronic
recordings or facsimile transmissions.
4. Karen Romeo moved to have the "blood hound" tape excluded from trial.
Karen stated that the tape did not meet grounds for admissibility although
she has never seen it. Michael Andre pointed to the Court to a case dealing with
admissibility of this evidence and told the Court that he would provide copies
to everyone by next Friday.
5. Michael Andre argued that the charge of tampering with physical evidence is
unconstitutional as applied to Koleen because no one knows what is exactly
proscribed by the statute. He told the Court that the term "official
proceeding" does not include police investigations so that even if Koleen did
what they said, the could only charge her with the misdemeanor. He went on to
say that it was not reasonable to assume that Koleen knew about a prospective
proceeding in court because she never identified an assailant. That being
the case, how could she possibly expect an arrest?
Next, He argued that a statute is void for vagueness where there are no
objective standards for application. He explained that this leaves too much
discretion to district attorneys to charge who they don't like. Who don't
they like?? Koleen, the enemy in Georgetown. Despite having no reasonable
grounds to believe that they can prove the charge, they utilized the felony
where the misdemeanor would be more appropriate. He argued that given the
lack of clear application of the law between the two charges, and the fact
that reasonable minds could differ about the application, the statute is too
vague to be enforced.
Assistant District Attorney Mark Hurlburt ( assisting Karen Romero) took over
and was beside himself.
He was upset that Michael Andre would accuse his office of anything political. He
then made mistake after mistake in his recitation of the facts of the case,
trying to make it look worse for Koleen.
Michael Andre asked for and received ten days to respond to his arguments.
Wednesday July 10,2002
Eagle County Court
Judge Hart
A four day Jury Trial has been set for November 12,2002.
A motion hearing has been set for 9:00 am, September 4,2002
to challenge the felony charge as unconstitutionally vague as
applied to Koleen Brooks.
For coverage of Koleens trial
07/12/02 – Former Georgetown Mayor pleads not guilty in Eagle District Court
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Dillard is reputed to not get along with Brooks and allegedly has had an ongoing feud with her. At the hearing, Andre suggested that Dillard “actively campaigned against her” trying to get Brooks recalled from the Mayor’s post.
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By Michael Cacioppo - EAGLE – Koleen Brooks, the former Mayor of Georgetown who lost office in a recent recall election, plead not guilty Wednesday in Eagle County’s District Court. Brooks is accused of false reporting to authorities, a class 3 misdemeanor, and a charge of tampering with physical evidence, a class 6 felony.
The venue was changed from Georgetown to Eagle County to better offer Brooks an opportunity to get a fair trial. Her recall election helped create a media frenzy involving the Denver Post, the Rocky Mountain News, Inside Edition and Clear Creek County newspapers.
Brooks, a former Denver dancer, has not been told what she did and how she did it, but Karen Romeo, a Deputy District Attorney from Clear Creek County, stated that she would confess to a Bill of Particulars request filed by Brooks attorney, Denver lawyer Michael Andre.
It is assumed that the District Attorney’s office will say that Brooks allegedly tampered with her clothing or herself to allegedly falsely suggest that she had been attacked.
Andre also requested that the court grant his motion to view Georgetown Police Officer Mark Dillard’s personnel file. Dillard is reputed to not get along with Brooks and allegedly has had an ongoing feud with her. At the hearing, Andre suggested that Dillard “actively campaigned against her” trying to get Brooks recalled from the Mayor’s post.
“Our belief is he has been doing this while on duty.” stated Andre. “This ultimately led to Miss Brooks being charged rather than charges against somebody who attacked her.”
The false reporting charge was brought by the Georgetown Police and the felony charge of tampering was brought by the District Attorney’s office. Dillard, allegedly, was the second person at the scene of the alleged attack on Brooks.
At the hearing, Andre asked Judge Richard Hart to issue a citation to show cause as to why a witness should not be held in contempt for failing to show up in court Wednesday. The witness, Kari Ann McHugh, allegedly has a video tape of a bloodhound trying to locate a scent of the alleged attacker of Brooks.
“People associated with Koleen in the past ran the dog through to see if it could find a scent,” Andre said. “I have not seen the tape. If we get it, we will find if it’s appropriate or admissible.”
According to Andre, Brooks is continuing to run her salon in Georgetown for haircuts, tanning and coffee He told Speakout! that she has been involved in charity benefits, including a recent benefit with her former employer (Shotgun Willy’s) on June 12th.
“I think she is exploring a movie deal biographical deal on her life, but I don’t know the specifics,” said Andre.
Judge Hart set a motions hearing on September 4th at which time he is expected to rule on a motion by Andre claiming that the state’s tampering with criminal evidence statute is unconstitutional for allegedly being too vague.
Hart also set a four day trial date beginning November 12, 2002.
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This is an on-line publication of
Speakout, Inc.
P.O. Box 690
Edwards, CO 81632
(970) 926-8882
For comments or questions, email
Publisher:Michael Cacioppo mailto:cacioppo@speakoutvail.com
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