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2011 DENVER STATUTORY GRAND JURY (Signature not yet verified) Signed by Cathrine Time: 2011.03.

22 22:03:20 -06'00 ' Reason: Final Product Location: Denver, CO Criminal Action No. 2011-CR-2-A City and County Building The STORAGE Investigation Wednesday, March 16, 2011 WITNESSES: Kent Prose Dan Steitz ALSO PRESENT: 12 Grand Jurors KANDACE GERDES, REG. NO. 21350 Deputy District Attorney INVESTIGATOR KENT PROSE Denver DAs Office -Economic Crime Unit CATHRINE

M. HERMOSILLO, CSR, RPR Official Grand Jury Reporter within and for the State of Colorado

WITNESSES: PAGE KENT PROSE Examination by Ms. Gerdes..................... 3 DAN STEITZ Examination by Ms. Gerdes..................... 6 EXHIBITS: Number Admitted 26 Photo of Michael Scherer.............. 4 119 Photo of some of Van Brunt's stolen property recovered from 494........... 5 120 Photo of

stolen tool chest recovered from 494.............................. 5 121 Two photos of Dr. Kahn's stolen flute. 5 122 Photo of stolen LG television from Double Tree Hotel, 3203 Quebec St. #870.................................. 5 123 Photo of bag containing stolen checks and credit cards...................... 5 124 Photo of property recovered from 494 and 498 at

impound lot................ 5 125 Photo of Apple Power Cube from Unit 498 -follow-up continuing............ 5 126 Photo of HP Pavilion Elite computer stolen from 3050 E. Ohm Way, Denver on 5/26/2010.......................... 5 127 Photo of suitcase containing Colin Hughes' property...................... 5 128 Photo of HP Pavilion 500 -follow-up continuing............................

5 129 Photo of eMachine computer followup continuing.................. 5

AFTERNOON SESSION, WEDNESDAY, MARCH 16, 2011 (Colloquy had and reported but not herein transcribed.) ***** MS. GERDES: I would at this time call Investigator Prose to the stand. ***** (Testimony of Kent Prose had from 3:27 p.m. to 3:30 p.m.) KENT PROSE, called as a witness, having been first duly sworn, was examined and testified

as follows: EXAMINATION BY MS. GERDES: Q. Good afternoon, Investigator Prose. A. Hello. Q. You are still a sworn grand jury investigator? A. I am. Q. And since the last time we met on Storage, you have garnered some more exhibits for us, haven't you? A. Yes. Q. Starting with Exhibit 26, can you tell us

who this is. A. Exhibit 26 is a photograph of Michael Scherer, S-c-h-e-r-e-r.

Q. And how did you obtain this photograph? A. I got this from information in police records. Q. All right. And this is a fair and accurate copy of Mr. Scherer? A. Scherer. MS. GERDES: Move admission of Exhibit 26. It shall be received. (Grand Jury Exhibit Number 26 admitted.) Q. (By Ms. Gerdes) Additionally, if I could have

you turn in the exhibit book to Exhibits 119 through 129. A. Okay. Q. Can you please generally tell us what those are. A. Yeah. This is, Exhibit 119 through Exhibit 129 are all PowerPoint slides that I made from photographs obtained from Aurora Police Department that they took in the course of their inventorying of the storage lockers that

we have been talking about. So these are just particular items that were pulled out of the storage lockers that we will talking about. Q. All right. And how were these obtained by you? A. I got these from Aurora Police Department. Q. Very well. And these are fair and accurate copies. A. Yes. MS. GERDES: Move the admission of

Exhibits 119

through 129. GRAND JUROR: Yes. MS. GERDES: They shall be received. (Grand Jury Exhibit Numbers 119 -129 admitted.) Q. (By Ms. Gerdes) Anything else that you would like to discuss, or should we go right on to our next witness? A. Unless there are any questions, on to our next witness. MS. GERDES: Very well. May this witness be excused? You are excused. (The witness steps down from the witness stand at the hour of 3:30 p.m.)

MS. GERDES: At this time I would call Detective Dan Steitz to the stand. ***** (Testimony of Dan Steitz had from 3:30 p.m. to 4:18 p.m.) DAN STEITZ, called as a witness, having been first duly sworn, was examined and testified as follows: EXAMINATION BY MS. GERDES: Q. Good afternoon, Detective. A. Good

afternoon. Q. Could you please introduce yourself to the members of the grand jury by giving them your name and your employment history. A. I am Detective Dan Steitz. I'm with the Aurora Police Department. I have been a police officer since 1982, and I have been with Aurora since 1987. Q. As your employment with Aurora has evolved, what

jobs have you held? A. I've been on Patrol. I have been a detective for about 14 years now. Q. And have you been assigned to a particular unit? A. Right now? Q. Yes.

A. Yes, I am. Q. And let's start back. As you were first assigned after Patrol, what was your first assignment as a detective? A. I don't recall. Q. All right. A. But I've worked Juvenile, Robbery, Burglary, General Crime, Vice and Narcotics and currently Auto Theft. I'm right now assigned to the East Metro Auto Theft Team. Q.

But that probably overlaps with other areas, I'm guessing, as well? A. Not so much. Q. So you just strictly deal with auto thefts? A. We're supposed to, yes. Q. Okay. But perhaps you'll talk about other areas than auto theft today? A. Yes. Q. And that's based upon your vast experience in dealing with other areas of different criminal

activity? A. Yes. Q. Including vice and narcotics perhaps? A. Yes. Oh, yes. Q. Excellent. I would first like to start off with some

clarification from exhibits that we had last time. If I could have you turn in the exhibit book to Exhibit 102, please. That should be a two-page exhibit of a rental agreement. A. It is. Q. And that agreement is, and we published it for our grand jury as well, in very legible font. It is a

two-page exhibit of a rental agreement from Unit 20 to Unit 494? A. Okay. Q. And the agreement is in the name Ashley Cranmer, C-r-a-n-m-e-r? A. Correct. Q. And can you please tell us how Ms. Cranmer fits into this equation, based upon your investigation. A. We pulled the storage rental agreements for the two storage lockers that were involved

in this investigation, 494 and 498. MS. GERDES: And can the members of the grand jury hear the detective? Q. (By Ms. Gerdes) Can you speak in a really big voice. I can't use the microphone. They have forbidden me because I have too loud of a voice, so I have to keep getting away from it. A.

Okay. We pulled the storage locker agreements

for Lockers 494 and 498 pursuant to the investigation. This one was issued to Ashley Cranmer. Our investigators went up and contacted Ashley. She was living up in Ft. Collins, I believe. They asked her about the rental agreement. She said that she had no idea how her name got on that rental agreement. However, as they

were talking to her, they saw her boyfriend Steven Morieko sitting there with her. They quickly realized that Steven is the brother of Tiffany Morieko who is one of the main players in the case. So they, being the trained investigators they are, thought that this was rather suspicious. They pulled Steven aside and he said that Ashley had nothing

to do with it but if we continued looking at the investigation we would, quote-unquote, figure it out, is what he told us. Q. And in fact Ms. Morieko, Tiffany Morieko is associated with another person that we have seen in this investigation? A. Yes, but --yes. Q. And that would be Mr. Samei? A. Yes, she is

associated with Ali Samei. Q. Do you know if in the past they were associated? A. I really couldn't tell. Q. Perhaps boyfriend and girlfriend? A. Perhaps.

Q. Okay. And Ms. Cranmer in all events denied having rented the new unit 498? A. Correct. Q. Okay. I'm sorry, 494, excuse me. A. Correct. Q. Then looking forward to Exhibit 105, previously admitted, can you provide us some additional information about this Walther P22 semiautomatic pistol that we have recovered from Unit 498? A. I can. Q.

Please explain. A. This was found during a search of the storage locker. And clearing the serial number through the National Crime Information Center revealed that serial number belonged to a Walter .22 caliber semiautomatic handgun that had been stolen out of a vehicle in Ft. Collins on April 5th, 2010. David Gilbert reported to the police department that two

of his vehicles were parked in the driveway of his house at 1612 Baberry, B-a-b-e-r-r-y, Circle, in Ft. Collins. And overnight people unknown to him had gone into the vehicles, ransacked them and taken several of his items, including this .22 caliber pistol. Q. All right. And I'm sorry, did you mention the date?

A. That was April 5th, 2010. Q. Thank you. And then as we look at Exhibit 114, this is another in this case, a frame on a pistol? A. It is. We were able to get a serial number off the frame and track that through the Alcohol, Tobacco and Firearms, and it came back to an

individual back east, I'm not sure where. Detective Hopkins contacted that individual and asked him if he knew where his Springfield semiautomatic was. He said that he bought it years ago and had sold it and had no idea who he sold it to, so we don't know who that gun ultimately belonged to. Q. And Detective Hopkins also works

at the Aurora Police Department? A. He does. Q. Okay. And then Exhibit 115, excuse me? A. That's actually a BB gun that was taken during the search of the storage lockers. Q. Originally thought to be another firearm? A. Yes. Q. But in fact a BB gun is not classified as a firearm, correct? A. It is not. Q.

And looking at Exhibit 117, previously admitted, this is a photograph taken of a vehicle that was found in

Storage Unit 494, excuse me. Can you please tell us what additional information you have found about the true owner of this vehicle and who the prior owner was? A. I tracked it through the State of Missouri to Samuel Tittes, T-i-t-t-e-s. I found him, he lives up in Thornton now. He said that he traded it

to an auto, not an auto dealer but a salvage dealer up north for a BMW M5. That individual later called me and said that he sold it to Jessica Pak. Q. All right. All right. GRAND JUROR: What was that last name? THE WITNESS: Jessica Pak. P-a-k. Q. (By Ms. Gerdes) And then if I can have you discuss

some new developments with respect to one of the individuals that we previously talked about in Exhibit 15, that would be Mr. Hartzell, H-a-r-t-z-e-l-l. MS. GERDES: I believe the grand jurors have a photograph of Mr. Hartzell in Exhibit 15. Q. (By Ms. Gerdes) Since the last time we have talked about this case, there have been some

developments with Mr. Hartzell in this case. Can you briefly explain? A. Yes, on February 11, 2001, officers of the East Metro Auto Theft Team were patrolling the area of the Extended Stay Hotel at Evans and 225 in Aurora. They know Mr. Hartzell because they've dealt with him in this case

previously. They saw him standing outside his car. They did a check on his driver's license. They found out that his license was suspended. So as they watched him, he and Breanna Waidmann, who also I believe is involved in this, his girlfriend, they got into the car and drove off. The officers had marked cars stop.

Mr. Hartzell confirmed that his license was revoked or suspended. They arrested him. And incident to arrest, they found 4.07 grams of methamphetamine in his pocket. Q. And that was something that was actually tested, was not identified on the scene as being methamphetamine, as suspected methamphetamine at that point? A. No, the 4.07 grams is the net

weight and was obtained by the lab during their test. So it is positive and that's a net weight, not a gross weight. Q. So what they found on him, they sent to the lab for testing? A. Yes. Q. Okay, fantastic. MS. GERDES: And remember, members of the grand jury, the fact that someone was arrested is not to

be used and considered by you for purposes of determining probable cause as it relates to the charges that you may or may not be presented with at a future date.

Q. (By Ms. Gerdes) Explain to us your involvement in the investigation that we've called Storage. A. The East Metro Auto Theft Team when it came into its beginning was in July. It was funded by the Colorado Auto Theft Prevention authorities. So part of the grant was that it had to be multi-jurisdictional. So it is compromised of

an Aurora Police lieutenant, an Aurora Police sergeant, two Aurora detectives, myself and Detective Hopkins, two Aurora investigators which is Investigator Musgrave and Investigator Cruzer. We've got an investigator from the Colorado State Patrol. We've got an officer from the Commerce City Police Department. We've got a deputy from the Arapahoe County Sheriff's Department as well as a deputy from

Douglas County, multi-jurisdictional. Q. But covering, I'll say the east metro side of the Denver metropolitan area? A. Thus East Metro Auto Theft Team, yes. Q. I was checking to make sure that you knew that I was actually paying attention to what you were saying. A. It's multi-jurisdictional. So what happens, the day-to-day operations of it when --it's tasked

with auto theft prevention and arrest. Therefore, we go throughout those jurisdictions, any cases that are initiated in Aurora, myself or Detective Hopkins

are usually the lead investigators on. Q. Okay. A. So this case came to us and it was based in Auroraandso . .. Q. And that's why you are here? A. Correct. Q. Okay. So we have heard previously from Detective Musgrave, but you, I think, can provide us with some additional information related to items recovered

at Uncle Bob's Storage. A. They started the initial case and they got this ball rolling and then they distanced themselves from it. Q. Okay. A. Which is their job. They're supposed to be out there, you know, at night arresting people doing this. So it falls upon myself and Detective Hopkins to do the follow-up. In this case in

particular has been a lot of follow-up. Q. Great. Let's start talking about the follow-up then. Looking at Exhibits 119, previously admitted. This is a photograph of what looks to be a Wet Dry Vac? A. It is. Q. Excellent. See, I, too, can figure out these items. Tell me what we know in addition to the

photograph of the Wet Dry Vac that was recovered from Unit 494 at Uncle Bob's Storage, what else do we know about this? A. Well, I got a call from Alan VanBrunt, V-a-n-B-r-u-n-t, on January 31st, 2011. And he says, Hey, I looked at your website --because these pictures were posted to the Aurora website --and I

think you've got some of my property in those storage lockers. So he tells me that he's got a girlfriend, now an ex-girlfriend by the name of Keisha, K-e-i-s-h-a, Gimm, G-i-m-m. Mr. VanBrunt went to jail on June 8th of 2010 and he let Keisha stay at his apartment at 1613 East Girard in Englewood which is Arapahoe County, Colorado.

Q. Okay. A. Unbeknownst to him, Keisha found a new boyfriend while he was in jail by the name of Pat Gorney, G-o-r-n-e-y. Pat Gorney started staying at the apartment with Keisha and then invited Levi Yazzie and Ali Samei. Q. And I'm going to ask you just to allow us to publish these pictures so that the

members of the grand jury can follow along with all the people you're talking about? A. That's a great idea. Q. All right, fantastic. A. So invited them to come over.

Now it needs to be said that Mr. VanBrunt is someone involved in the drug community. He's got some arrests for that. Q. And you know that information how? A. Through his criminal history. Q. Okay. A. Plus the fact that he said he was in jail when they took his stuff that led me to believe

that I should look deeper into this. Q. Very well. A. So he gets kind of suspicious and he sends his mother over there to check his apartment. And she finds the place cleaned out. Including the vacuum, a carpet cleaner, all his tools, everything. Basically the stuff has been locked out or stolen from him. Then he hears about

the arrest regarding this case, goes to the website, sees this property. So he called me up and said, Hey, that is my vacuum cleaner and there's also a Bissell carpet cleaner in there that belongs to him. Q. And besides him identifying by recognizing what it looks like, is there also anything else on the exhibit that

would suggest that it belongs to him? A. The name VanBrunt is written on the front of it. Q. Just pointing out what may or may not be obvious

to everyone. A. Very good. Q. Thank you. Then moving on to Exhibit 120, another item recovered from Unit 494. Please tell us what you uncovered as part of your continuing investigation on this red, what I would call is a tool chest. A. It's a tool chest, yes, it is. I found a receipt

in there from November of 1996 from Checker Auto Parts. The part was purchased by a guy by the name of Robert Brust, B-r-u-s-t, born in 1935, an elderly gentleman. I finally found him at a retirement home in Aurora and showed him a picture of this chest. He said that the last time he saw that is when he

gave it to his former son-in-law, Andrew Lipiro, L-i-p-i-r-o. I called Andrew. I told him I had a red chest. He was able to describe it down to the decals on it and some cartoons that were in the lid. And he said that the last time that he had seen that was when his former business partner,

Richard Jacobson, had cleaned out their automotive shop that they opened together. They had a falling out. He went to work one day and everything was gone, including his tool chest. And that occurred probably about in 2008. And the auto facility is at 6th and Airport within the City of Aurora, County of Arapahoe,

State of Colorado. Q. All right. And I'm curious, starting with Mr. VanBrunt, did he get his vacuum returned to him, his Wet Dry Vac? A. No. Q. What about the tool chest? A. No, that's still in the custody of the police department. Q. All right. MS. GERDES: Question? GRAND JUROR: Excuse me. When you say

"cleaned out," are you referencing a documented theft or something that was reported to the police? THE WITNESS: Not that I know of. I don't believe it was reported. It was more of a business dispute it sounds like to me. Q. (By Ms. Gerdes) And the business dispute resulted, according to the co-owner --the owner

of this property, he lost all of his items to a former business partner? A. Correct. Q. And in addition to these items, we have some photographs of some additional exhibits of items recovered. Switching now to Unit 498, we have Exhibit 121

which is two photographs. Starting on the left-hand side, can you please tell us what we're looking at. A. That's actually the same device. The photo on the left is the flute inside the case with the case closed. Q. And an evidence tag around it? A. Yes. Q. All right. A. And the one on the

right is the flute case opened so that we can see the flute. Q. Was it also encased in a soft-side case as well? A. At some point it was. Q. Okay. A. But that's the soft-side case in the picture on the right. Q. Okay. And please tell us what you were able to determine about the rightful owner

of this particular flute? A. That flute, it turns out, belonged to a Dr. Bronwen, B-r-o-n-w-e-n, the last name is Kahn, K-a-h-n. We found a name tag in the storage locker for Dr. Kahn. I called her up and said, Hey, we found your name tag. Do you have any idea how it would have ended up in the storage

locker? And she said that on October 4th, 2010, her home was burglarized at 6969 East 11th in the

City and County of Denver and they took a whole list of items. But the one she came up with right away, she said, I'm missing a flute. And I said, You know, I think we may happen to have a flute. This one has a serial number on it. It was made specifically for in Europe

when she was 16 years old. And so she was really anxious to get it back. She came out. We found the serial number on it and identified it as her flute. And the value of the flute was $14,000. Q. All right. In addition to her flute, what other items did she report as having been stolen

from the burglary? A. A Persian rug, a lot of clothing items and hand tools from the garage. Q. Did you find as part of the search of the Unit 498 any other items belonging to Ms. Kahn? A. Some scarfs and the name tag. Q. All right. A. We have recovered a lot of tools but we weren't able

at this point to determine if they actually belonged to her husband. Q. And we are speaking like hand tools? A. Correct. Q. Can you please briefly describe for us what was reported as to how entry was made into the house on

10/4/10? A. You know, I don't have that in front of me. Q. Okay. Perhaps we'll ask another witness to provide that information. A. Or I can provide it within ten minutes, if you just let me. I've got the information here, I just don't recall. Q. All right. A. Do you have the Denver report? Q.

Let's go ahead and provide that to you. A. It's Denver PD case 10497-370. Q. While we're looking for that, let me ask you -was this flute returned or still in property? A. That was returned to her because I thought it was better in her custody than ours. Q. Very well. You now have the advantage of having the

Denver Police report from the burglary in your possession? A. Yes. Q. Can you please tell us what the mode of entry was? A. One moment, please. It looks like unknown suspect opened the unlocked kitchen window, crawled inside the window and the list of items. Then they kicked in the garage door

causing the door frame to break. While in the garage they took the victim's tool bags filled with miscellaneous hand tools. Q. All right. MS. GERDES: Do members of the grand jury have any questions relative to this exhibit? Q. (By Ms. Gerdes) If I could have you look at Exhibit 122. Please tell us

what we see here. A. That is a blurry picture of an LG flat screen TV. Q. Approximately what size? That's a flat screen? A. 32-inch. Q. And do we know where it was taken from? A. Yes. The serial number came back to one that was stolen from the Double Tree Hotel in Denver at 3203 North Quebec Street

on September 22nd, 2010. Q. Was a report filed by the Double Tree Hotel in this case? A. It was. Q. And what do we know as additional information about who may have taken this particular TV? A. They had surveillance video of three or four people that were involved in the theft of this TV. After looking at it,

I immediately thought that I recognized some of the people involved in it. So I

showed a photo array to Tim Barber who was the security officer who investigated this and actually contacted the people, before during and after the theft, and he identified Jessica Pak as being the female that was involved in the theft of the TV. Q. And based upon your review of the video, were you also able

to confirm that it was Ms. Pak? A. Yes. Q. And can you explain to us how you were able to make that identification? A. The surveillance is, it is blurry but it's to the point where if you know who you're looking at, plus the fact that she was eight months pregnant when she stole it helped. Q. All

right. A. And the vehicle that they fled in was a black Nissan Pathfinder which that's what her and Moises Barajas have been driving. Q. Was there anything unique about the Pathfinder or its accessories that also stood out? A. He got the plate on it but he said that they had bent the plate up in order to --because

he followed them out. He seemed to notice the fact that they had this large thing that looked like a TV on a roller covered with a bed sheet. So he followed them out to their car. And

when they got into the black Pathfinder they bent the plate up in order so that he couldn't see it. And by the time I interviewed him, we had already been looking for Jessica and Moises. And I noticed that one night when we contacted their vehicle, the license plate was bent. But as soon as he

said, and then you know when they took the TV they bent the plate up, I noticed that was unique. Q. Did Security Officer Barber tell you what room this TV was taken from? A. I don't have that information here. Q. Would the Room Number 870 sound familiar? A. Yeah, it was an eight, yes. Q. And

I guess I have to ask what at least to me is an obvious question. Since this is not a small item that was being removed, how is it that they were able to kind of walk out with a TV covered by a sheet without contact, if you know? A. Well, I do know. I watched the video. They

put it on a roller suitcase, regular roller suitcase that has a bar and wheels on it. It's rather large so they just propped it on top of it. And then like I said, they put a bed sheet over it. And instead of going out the front doors, they went out the service entrance. Q. Okay.

A. So he thought that was suspicious. Q. He being whom? A. Mr. Barber. So he followed them because they had parked in the employee parking right outside the service door. So he was asking them to please come back in and discuss the suspicious activity, they fled. Q. They chose not to comply with his request?

A. They did. Q. Okay. In addition to that room being, having its TV stolen, that room was then further investigated? A. It was. When Denver went and took the report they went into the room and it had been pretty much trashed. They did --the crime scene investigators came up and processed the room and they got some DNA

off of some of the items in the room and it came back to a Robert Schmuecker, S-c-h-m-u-e-c-k-e-r. Q. And we have a photograph to display for members of the grand jury of Mr. Schmuecker. All right. And in addition to that, were you or the Denver detectives able to identify who rented the room initially? A. We

still haven't identified that person. Q. Okay. What do you know, if anything, about who rented the room? A. The credit card they used to rent the room

belonged to Crystal Gill, G-i-l-l, out of Laramie, Wyoming. Contacting --Denver contacted Ms. Gill and she said that her credit cards were stolen from her purse up in Laramie, Wyoming, prior to this. And there was an arrest made. A Chante Alberts, A-l-b-e-r-t-s, and Jillian Lais, L-a-i-s, were both arrested in Laramie and charged with stealing the credit card

and admitted stealing cards and used them to purchase things in Laramie. Q. Do you recall what date that was of the entry into the car and the use of it? A. No, it's in the report but I didn't note it right here. Q. Perhaps it could be April of 2010? A. It's very possible, yes. Q.

And that all took place in Laramie? A. Laramie, correct. Q. Have you received any additional information of the use of these cards besides in Laramie and then the attempted or the use of it here? A. Yes, it was also used at the Embassy Suites on North Havana in the City and County of Denver, I think a day

later, same thing. People checked into the room. Items were stolen from the room but no report was made and I've had problems getting the lost prevention people to cooperate and tell me what was stolen.

Q. So that would be still in September of 2010? A. Correct. MS. GERDES: Do members of the grand jury have any questions with respect to this incident? GRAND JUROR: You said that he was having problems having the loss prevention people assist you with that. Would it be beneficial for us to help with that situation, or do

you not need any additional information as to what was stolen? THE WITNESS: I appreciate the offer and we may resort to that. But I don't think it's an unwillingness to deal with that, but I'm really busy and time is passed, I don't really care. But maybe we could get them to care. Q. (By

Ms. Gerdes) Do you believe that the video is still --has still been preserved from September of 2010? A. From Embassy Suites? Q. From Embassy Suites. A. No. Q. Okay. So it's unlikely that they would still have the video surveillance? A. Correct. But I would like to know what was stolen. Because I think his report was, I remember

the room being trashed. They took the ironing board, the iron. They took everything that they could pull off the

wall and stuff that would be of value. Because in the course of this, we have a common trend to go into hotel rooms. Q. And taking items out of them? A. Yes. MS. GERDES: If necessary, would the grand jury authorize the issuance of a subpoena or subpoenas to various hotel establishments to try to obtain

information about thefts of properties that we could not get through already filed police reports? GRAND JUROR: Yes. Q. (By Ms. Gerdes) The members of the grand jury will authorize the issuance of a subpoena if you need that. A. Great. Thank you. Q. And if you could just so the grand jury has the benefit

of understanding how long generally hotels maintain video surveillance and what their general protocol is. A. There really is none. It depends on what system they have and how much storage space they have. Now they're digitally saved. So if they have enough storage space they may have that --if they have a big hard drive they may have it

for two, three, four, five, six months. Or if their system is really small, it

may only be three or four days because it basically erases itself and starts all over. And the other thing we find is they don't know how it works. Once the salesman sold it to them, he walks out. And trying to get somebody to come back in after you paid for your initial installation to show

you how to preserve that is real troublesome. And then when they do, you have to buy their software to play it. It's tough. But I would like --yes, I'll do what I can to find out about that. I also want to go back to just briefly let you guys know at the Double Tree Hotel, they

had good surveillance and they've got copies of it. And I just received that because they gave the original to the Denver Police Department. And then when he gave me copies a lot of the stuff didn't come over. So I've got the original from Denver, so there will be follow-up on that as far as who else was involved

in that. Q. All right. MS. GERDES: Question? GRAND JUROR: Can you tell us was it, as far as who got arrested for the purse, I just didn't get both names? THE WITNESS: That was up in Laramie, Wyoming, that was a Chante, C-h-a-n-t-e, Alberts, and a Jillian,

J-i-l-l-i-a-n, Lais, L-a-i-s. MS. GERDES: Also referenced in Exhibit 23 and 24. I believe the members of the grand jury have copies of. Q. (By Ms. Gerdes) All right. Additionally recovered out of Unit 498 at Uncle Bob's, turning to Exhibit 123 and 124. Starting with Exhibit 123, the photograph that we have illustrates a plastic baggy

with items contained in it. What was contained in the baggy? A. There were credit cards, checks, membership cards, a variety of things. When it was originally taken it was just kind of thrown in this bag. So we went and inventoried it a little more thoroughly. And the first thing you're going to see there is a

checkbook that belongs to an individual by the name of Charles Kilker, K-i-l-k-e-r, or it was Bowen Kilker, B-o-w-en. I talked to Mr. Kilker and I told him I had a box, a book of his checks. He had no idea that he was missing anything. He did not know that he had been the victim of a

burglary. He moved to Denver, September 23rd, 2010. He said he had all his belongings in a bunch of boxes and maybe there was something missing, maybe there wasn't. But kind of a mystery how those got into the

storage locker because he doesn't know that he was the victim of a crime. There was also a Kaiser Q. --may I ask a question? A. You may. Q. Did they authorize anyone to have possession of his checks? A. He did not. Q. Okay. A. There was also a Kaiser card in there

that came back to a Tim Meskel, M-e-s-k-e-l. I called Mr. Meskel and he told me that his Audi automobile had been stolen from 901 Sherman Street in the City and County of Denver on September 4th, 2010. And inside his Audi when it was stolen was a lot of his ID and stuff like that. It was recovered on

September 15th, 2010, by the Metro Auto Theft Team. And he says that he knows there were arrests made. I pulled the report from the Metro Auto Theft Team and Levi Yazzie was arrested related to the theft of the Audi. Q. Do you recall the date that he was arrested in the Audi? A. I believe it

was September 15th, 2010. Q. In addition to the vehicle being stolen and the Kaiser card, did Mr. Meskel report anything else?

A. There was property from the vehicle. I don't recall what all it was. Q. All right. Is this --is the structure, 901 Sherman Street a business structure or residential structure? A. Residential. Q. Do you know where the vehicle was located when it was stolen? A. I do not. Q. Okay. In addition to that, there was also

a GPS system recovered? A. Well, not here. We also found in that bag was a credit card that belonged to Anita Pischotte, P-i-s-c-h-o-t-t-e. She lives in Grand Junction. I called her and asked her if she knew where her Visa card was. She told me that between July 11th and July 12th of 2010, somebody broke into her car

while it was parked at 3855 South Monaco, in the City and County of Denver and stole her purse. So her Visa card was stolen out of her vehicle. Q. All right. And did she authorize anyone to take that credit card? A. She did not. Q. Okay. And all of these items were recovered in Storage Unit

498?

A. Yes. Q. And was there any other items of note that were recovered in Unit 498 as far as credit card or personal identifying information? A. If we go to Exhibit 124 that may explain that a little bit better. Q. Okay. A. After we cleaned out both storage lockers we had to put the stuff somewhere, so

we went to your impound bay. Normally this would be used to lock up an automobile until it is processed, but due to the sheer magnitude of stuff or the volume of those we used this. So that's how we ended up putting it in there. And then the process of category, logging it and everything began. And I was

out there and I found a GPS, a portable GPS on the floor and it hadn't been tagged. So I went through the inventory and it looks like it had never had been tagged. It had just ended up moved out there. So I figured out --in order to see who it belonged to, I looked at the GPS and

discovered that that had actually belonged to an individual by the name of Kerry Chan, C-h-a-n. Mr. Chan was living at 901 North Sherman on September 3rd, 2010. And they broke into his car, took his GPS and a bunch of other personal property. And he

didn't authorize anybody to have it. And that's when I figured out that was basically the same date that Tim Meskel's car was also broken into at the same location. So that GPS ended in the storage locker. Q. So 901 Sherman is a multi-family dwelling? A. It is. Q. Otherwise known as the Mezo Apartments? A.

I don't have that knowledge. Q. Okay. And that is located in the City and County of Denver? A. It is. Q. State of Colorado? A. Correct. Q. All right. And there were other items recovered as well as part of Uncle Bob's Storage, the search warrant. A. Quite a few. Q. As we look at Exhibit 125, can you

please explain what this is? A. This is an Apple computer, also known as a Power Cube. These items --there were --I believe I had nine computer-type items that I submitted to the forensic lab to see if they could get ownership information on it. This is one of those items and we're still waiting to see exactly what they

learned from that.

Q. All right. And you or another individual will report back to us the results of that forensic search? A. Absolutely. Q. All right. Then looking at Exhibit 126, we have another central processing unit? A. Yeah. This is HP Pavilion Elite. The forensics came back on that and they were able to learn that there was information on

it that this belonged to a Matthew Burnham, B-u-r-n-ha-m. It turned out that Matthew's home was burglarized on May 26, 2010 at 3050 Ohm, O-h-m, Way, in the City and County of Denver. They smashed a window. Apparently the bad guy cut himself. There was blood found on the scene. And stole his computer along with other items from the

house. Denver investigated that and learned that that was Michael Scherer's blood in the house. Q. Do you know how that was accomplished? A. Through DNA. Q. Okay. A. And so that was kind of unique. We didn't know that that was Burnham's computer. Once we figured it was Burnham's computer, we backtracked it, figured it

had been stolen in Denver and then Scherer was identified as suspect. Q. All right. And we have Mr. Scherer's photograph

to be posted momentarily, Exhibit 26. MS. GERDES: And the members of the grand jury, you do not have copies of Exhibit 26. It was just admitted today, but we will have copies three-hole punched for the next time. A. There's also some other files that he found on there that we're continuing to investigate

further and see if we can figure out what was going on. There's some Versacheck programs that we need to look into. Q. And would you be willing to just generally explain what a Versacheck is? A. It's a check writing program. Q. Okay. A. And it also had the name of Colin Hughes in there. And Colin Hughes is

involved in this case. So that was kind of unique that we found that. We got this information yesterday literally, so still trying to figure out where it all fits in. Q. All right. And we have a photograph of Mr. Hughes. His name appeared on some of the information from the forensic search? A. It did. Q.

Okay. And we're still figuring out how that exactly fits in?

A. We are. But if you look at Number 127. When we first learned of Mr. Hughes was during the inventory I found a suitcase. And it's full of comic books, basketball cards, baseball cards and football cards. And I mean lots of them as you can see there. I knew somebody --this wasn't just some collection that somebody

found and stuff. I found some pictures in there. Started trying to figure out who Colin Hughes was. And it turns out that Colin --I talked to Colin's mother Barbara and she said that he was arrested several years back. He was involved in an incident where an Arapahoe County deputy was shot. And Colin was in the

car and he went to prison for awhile and they don't have much contact with him anymore. MS. GERDES: And I will just remind the members of the grand jury, the fact that he was arrested on unrelated charges to this should not and cannot be used in determining whether a crime was committed in this incident by

Mr. Hughes. A. Anyway. He--so... Q. (By Ms. Gerdes) I have to say that, Detective. A. I appreciate that. It's a good idea. Q. And I'll let you continue with your story. A. They don't contact him. They said they see him every once in awhile. They did give me his cell number.

I've talked to his brother. I've talked to his dad. And I've talked to his mom. And at that point I said, I really --you know, I just need to ask him if he knows where his baseball cards are, because if they were stolen we certainly want to get them back to him. Subsequent to those

conversations, I've learned that Colin is an associate of many people involved in here. So I don't believe there is any criminality afoot with this stuff. I think he probably was storing his stuff there. But that's how we first figured out that Colin Hughes was involved in this. Q. Did you determine or have you determined where

Hughes is working or has worked in the recent past? A. He works at Techno Rescue. Q. Is that important? A. It will be. Q. Why? A. Because a Techno Rescue truck was used to clean out storage lockers after we had served search warrant. Q. I see. And we'll hear more about that in a future session, I bet?

A. You betcha. Q. All right. GRAND JUROR: Clarification. I want to be sure I heard correctly. That you definitely established

through pictures you said that were in the case, or from his relatives that he had had cards like this? THE WITNESS: Yes. GRAND JUROR: And they belong to him? THE WITNESS: When he was 15 or 16 years, that was his whole life was just collecting this stuff. So they

said yes, he really was into that. And then he kind of didn't collect them anymore and went to prison. GRAND JUROR: Okay, thank you. THE WITNESS: Yeah, absolutely. Q. (By Ms. Gerdes) And what we see depicted in Exhibit 127 is what was retrieved and just opened up so that you could see

the contents of it? A. That's correct. Q. All right. Then moving on to recovery of another item, Exhibit 128. It appears to be another computer? A. It does. And the strange thing about this is a lot of these computers that we've recovered in this case appear to have been worked on, taken apart, I've never -it doesn't make

much sense. But then I learned that Techno Rescue is a computer repair facility. And Colin Hughes likes to repair computers apparently. So it just was strange. And the forensic examiner that looked at them said there's some weird

things going on. We've got Apple parts plugged into PC parts. And anybody that really knows what they're doing knows that doesn't work. So we have searched these pieces of computers, hard drives that were just laying on the floor and stuff like that. And that's one of them that we sent in for searching. And 129 is another

one just for example. That one was pretty much intact. Now what we learned yesterday through the forensic examination is I've got documents in there with the names Connie Baker. I've got e-mail addresses like kitten1957. There's other documents with the name of Jerry Hegge, H-e-g-g-e, Robert Schrull, S-c-h-r-u-l-l, Kim Schrull, S-c-h-r-u-l-l. There was also Steven

Cogswell, Brad Ramsey, Bryan Mallgrave, M-a-l-l-g-r-a-v-e. We got that yesterday. So my goal in the next year is to track these people down, see if they know where their computers are. But it's real promising that we're able to garner that information out of there. So now the fun part begins with finding these people. Q. And I

can assure you, Detective, it will be more quickly than in a year. A. It's, I'm really busy. Q. I know you are. But Investigator Prose will be more than happy to assist you in this endeavor.

Let me just ask you from a standpoint of -turning back to Exhibit 128, you mentioned the intact versus the non-intact? A. Okay. Q. So when we look at Exhibit 128, when the property was recovered, had the side of the computer already been removed? A. Yes. Q. Is this what it appeared to be when you

recovered it? A. Yes. Q. Or when it was recovered by the officers? A. Correct, correct. Q. So some were intact and some were not? A. Yes. Q. And you mentioned in addition there was a collection of hard drives or computer peripherals? A. Yes, they were everywhere. Yes, there's a lot of them. Q. And Techno Rescue is in

the business of repairing computers? A. That's my understanding. Q. Is it a business that operates on a daily basis during normal work hours to repair computers? A. I don't know.

Q. But you will check into that? A. We will look into that. GRAND JUROR: So you and your team will be looking at who I --who owned the computers? But will you also be looking at whether information such as identity relating banking information, things like that was accessed as well? THE WITNESS: Yes. And it looks like at least one of them does have that information on it. The rest of it doesn't look like it. But yes, we have got e-mail addresses and stuff. So yes, exactly. MS. GERDES: Are there any questions of Detective Steitz? Hearing and seeing no questions then, I would ask that he be excused. You are excused, sir. (The witness steps down from the witness stand at the hour of 4:18 p.m.) (Colloquy had and reported but not herein transcribed.) *****

REPORTER'S CERTIFICATE I, Cathrine M. Hermosillo, Certified Shorthand Reporter, Registered Professional Reporter and Notary Public, State of Colorado, do hereby certify that I was present and recorded the above proceedings in stenotype and reduced the same to typewritten form, that the foregoing 44 pages constitute a true and complete record of the said proceedings had and done on March 16, 2011. Dated this 22nd of March, 2011, at Denver, Colorado. Cathrine M. Hermosillo, CSR, RPR and Notary Public

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