Retired Federal Appellate Judge Ponders “The Case of the Missing Transcript” on Huffington Post; A Colorado Federal Criminal Case Involving Six Jailed Executives

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Retired Federal Judge H. Lee Sarokin refers to missing transcript in the IRP6 case as “strange mystery”

Free The IRP6

This case raises numerous other serious questions...but my comfort level limits me to this one strange mystery: the missing transcript - Honorable Judge H. Lee Sarokin

The Honorable Judge H. Lee Sarokin this week posted thoughts to Huffington Post regarding the IRP6 case and the missing transcript that has become the center of discussion as the case is under appeal. (

The IRP6 case concerns a Colorado-based company (IRP Solutions Corporation) 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 22 months in federal prison in Florence, Colorado while their case is under appeal. (Case Nos: NO. 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 and 11-1492)

“A couple of weeks ago we had the Honorable Judge Sarokin on our radio program and he spoke in general about situations that appellate courts face”, says Sam Thurman, A Just Cause (Ret. Judge H. Lee Sarokin, April 15, 2014 - “After seeing the judge’s Huffington Post comments about the missing transcript in the IRP6 case, you have to respect his approach. He didn’t rely on anyone’s word of what was apparently going on, but rather he reviewed court documents and presented thought provoking commentary”, Thurman adds.

“Because there is always a danger in these matters of hearing one side, I insisted that I be furnished with the government's version of what transpired in this disputed exchange”, writes Judge Sarokin. “The government's brief (U.S. Answering Brief) summarily dismisses the claim (of a 5th Amendment violation) by stating, ‘Because nothing in the record other than the defendants' own self-serving assertions supports their claims of compulsion, the exact language used by the district court during the sidebar conference is immaterial (emphasis mine)’, Judge Sarokin continued. (

Court records from the criminal trial of the IRP6 show that the IRP6 argued that their Fifth Amendment was violated and that the transcript to prove that the violation occurred is missing. Court records so 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).

According to court records the presiding judge in the original criminal case, Judge Christine 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)

“Certainly no judge would direct a criminal defendant to testify against his or her own will, but it is conceivable that something was said that reasonably led them (IRP6) to that conclusion”, writes Judge Sarokin. “The answer lies in the record, which apparently does not exist, for reasons that seem to be elusive. The case raises numerous other serious questions about the prosecution, conviction and incarceration pending appeal of these defendants, but my comfort level limits me to this one strange mystery: the missing transcript”, posts Judge Sarokin. (

“Stories of wrongful convictions are being reported in the media nearly everyday”, recalls Thurman. “A Just Cause is fighting for the exoneration of the IRP6, because when it boils down to an individual’s rights, their freedom shouldn’t hinge upon a ‘strange mystery’”, proclaims Thurman. “I find Judge Sarokin’s views compelling”, concludes Thurman.

The Appellate Court panel in the IRP6 case includes the Honorable Senior Judge Bobby R. Baldock, Honorable Judge Harris L. Hartz, and Honorable Judge Jerome A. Holmes.

The Honorable H. Lee Sarokin is now retired but 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 (

Related press releases:!press-releases/c21pq

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

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