Retired Federal Appellate Judge From The Famed “Rubin ‘Hurricane’ Carter” Case Chimes In On the IRP6 Case

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Retired Federal Judge H. Lee Sarokin and Attorney Darren Kavinoky join the Just Cause Coast to Coast Radio Show Hosts as they discuss the IRP6 Case

Free The IRP6

A Just Cause (AJC recently interviewed renowned Federal Appellate Judge, The Honorable H. Lee Sarokin and Attorney Darren Kavinoky. Judge Sarokin and Attorney Kavinoky were interviewed by hosts of “A Just Cause Coast to Coast”, Sam Thurman, Cliff Stewart and Ethel Lopez regarding the U.S. judicial appellate process and the IRP6 case. ("A Just Cause Coast to Coast," BlogtalkRadio, 4/15/14).

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 regarding the 200 pages of transcript has been set for January 2014 (Case 1:13-cv-02260-RBJ).

Court records from the criminal trial of the IRP6 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 (D. Ct. No. 1:09-CR-00266-CMA, October 2011, Court transcript pages 2062 -2063).

“I hesitate to comment on a pending case, but let’s just talk hypothetically”, stated The Honorable Judge H. Lee Sarokin (“A Just Cause Coast to Coast”, BlogtalkRadio, 4/15/14). “If there were a case such as this where there’s a claim that the judge said or did something that compelled the defendants, or at least gave them the impression that they had to testify, and there was no transcript to that before the appellate court, I think an appellate court would do one of two things - - They’d either order that the transcript be produced or they’d have to reverse, because …the unavailability of the transcript makes it impossible for the appellate court to determine whether or not a prejudicial error or not has been committed”, Judge Sarokin added (“A Just Cause Coast to Coast”, BlogtalkRadio, 4/15/14).    “You certainly cannot decide it (the case) if the critical discussion is not before the appellate court. How are they going to decide it if they don’t have the information”, Judge Sarokin concluded.    

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 affirmed, “Over 200 pages.” Judge Arguello further stated, “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)

“My take on it is, the role of the judge, and of what I would call the entire operating system of the court, is to ensure that justice is administered fairly”, stated Attorney Darren Kavinoky (“A Just Cause Coast to Coast”, BlogtalkRadio, 4/15/14). “The one objective piece of evidence, which is the transcript, for that to be missing only would feed concerns and conspiracy theorists alike and frankly that’s a very disconcerting notion that it’s this one critical piece above all other pieces that would be missing. I think there is a reasonable inference that can be drawn there that the missing piece would therefore be favorable to the defense. At least that’s what I would be up there arguing”, proclaimed Kavinoky (“A Just Cause Coast to Coast”, BlogtalkRadio, 4/15/14).

“What I find interesting is that the judge is resisting”, pondered Judge Sarokin. “Why would the judge resist the presentation of the transcript?”, asked Judge Sarokin.

“The AJC Radio team does a great job to get credible guests to join in on in-depth conversations about the U.S. judiciary”, says Sam Thurman, A Just Cause. “All of our guests bring great value to the program, and it was interesting to get Judge Sarokin and Attorney Kavinoky to chime in on the IRP6 case”, says Thurman. “The questions that Judge Sarokin posed during the show are the same questions that A Just Cause is seeking answers to”, concludes Thurman. “Additionally, comments from David Banks of the IRP6 have been posted to the 'Stand Up' blog and I would encourage everyone to read his analysis of this situation (!stand-up-blog/ci23)," adds Thurman.

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).

Appellate Court panel includes the Honorable Senior Judge Bobby R. Baldock, Honorable Judge Harris L. Hartz, and Honorable Judge Jerome A. Holmes.

A link to the archive of the interview with The Honorable Judge H. Lee Sarokin and Attorney Darren Kavinoky is posted at The Honorable H. Lee Sarokin served on the United States District Court (N.J.) appointed by President Carter, and the United States Court of Appeals (3rd Cir.) appointed by President Clinton. He retired in 1996 after 17 years on the federal bench. Judge Sarokin is well-known for his participation in the Rubin “Hurricane” Carter appellate case, reversing Carter’s conviction of a triple murder. Judge Sarokin is a contributor to the Huffington Post (

Attorney Darren Kavinoky is a California-based attorney and the creator and host of the television show Deadly Sins, which airs on Investigation Discovery. As the show’s criminal behavior expert, Mr. Kavinoky explains the root causes of the most extreme forms of human misbehavior. See more at:

Related press releases:!press-releases/c21pq

A Just Cause is requesting support for a petition regarding the IRP6 case transcript:

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