Denver, CO (PRWEB) April 29, 2014
A Just Cause recently conducted analysis of duration of appeal in the Tenth Circuit Court of Appeals and found that the IRP6 has exceeded the median time for duration of appeal when compared to other appellate cases submitted during the same time period. (Practitioner’s Guide To The United States Court of Appeals for the Tenth Circuit, Ninth Revision, April 2014)
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 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 21 months in federal prison in Florence, Colorado while their case is under appeal.
According to the Practitioner’s Guide To The United States Court of Appeals for the Tenth Circuit (Ninth Revision, April 2014), “During the statistical calendar year ending June 30, 2013 the median time from filing the notice of appeal or petition for review to entry of a decision for all appeals and agency proceedings was 8.2 months." The guide goes on to say, "This circuit hears most criminal appeals as soon as they are fully briefed.”
“A Just Cause researched Pacer and did an analysis of approximately nineteen cases that were submitted to the Tenth Circuit Court of Appeals during the same time as the IRP6 case (that involved the Appellate Judges from the IRP6 case) and found that all except one of those cases had an entry of decision within the 8.2-month median time period as cited in the Tenth Circuit’s Practitioner’s Guide," says Sam Thurman, A Just Cause. “Several of those nineteen cases were decided within 3 months. In the case of the IRP6, these men have been incarcerated for over 21 months. The reply briefs have been with the appellate panel now for over 12 months. And there are over 200 pages of transcript missing," Thurman expounds. “The court’s guide even states that, ‘This circuit hears most criminal appeals as soon as they are fully briefed’, so why so long with this case?," asks Thurman.
According to the United States Court of Appeals for the Tenth Circuit, the PACER service (Public Access to Court Electronic Records) is used which provides on-line access to U.S. Appellate, District, and Bankruptcy court records and documents nationwide (http://www.pacer.gov). Links to Appellate Court opinions are also posted on the Tenth Circuit website (https://www.ca10.uscourts.gov/).
According to the Code of Conduct for United States Judges, “A judge should dispose promptly of the business of the court.” The code also states, “A judge should diligently discharge administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of…court personnel.” (Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently, http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct/CodeConductUnitedStatesJudges.aspx).
“When considering the Code of Conduct for U.S. Judges, one has to believe that they strive to adhere to the code, however in the case of the IRP6, there appears to be something out of the ordinary going on in the Clerk’s office that is impacting the judges’ prompt disposition and discharge of the case," argues Thurman.
“A Just Cause questions the inconsistent feedback from the various court employees,” states Ethel Lopez, A Just Cause. “The Judicial Assistant to Appellate Judge Hartz stated that they are done with the case, but the Deputy Clerk of the Court Doug Cressler has stated that it has not been decided, and yet another time it was stated that the case is with the ‘writing judge’. These inconsistencies raise a red flag,” argues Lopez.
“As an advocacy group, A Just Cause has attempted to get federal legislators and justice department officials to open an investigation into the IRP6 case," confirms Thurman. Court documents show that the case is currently under appeal. Records show that appellant attorneys are petitioning the court for over 200 pages of transcripts that were omitted from court records of the IRP6 trial. Appellant filings show that Court Reporter Darlene Martinez admitted to omitting the 200 pages of transcript which the IRP6 argue are critical to their appeal. (D. Ct. No. 1:09-CR-00266-CMA; Appellant Case Nos: 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 and 11-1492)
“A Just Cause wants to get to the bottom of this situation and has reached out to the courts, to DOJ, and to legislators seeking resolution," says Thurman. “This is about due process, and the constitution of the United States guarantees that to every citizen, including the IRP6," Thurman concludes.
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
IRP6 Commentary can be found on the "Stand Up" Blog at http://www.freetheirp6.org/#!stand-up-blog/ci23
Petition to support IRP6 case and the release of 200 pages of transcript: https://www.change.org/petitions/attorney-general-eric-holder-investigate-federal-case-of-irp6-200-pages-of-court-transcript-missing