Forum/Discussions

Lawsuit Asserts That Federal Court
Reporter Darlene M. Martinez Breached A $9450.00 Contract With A Just
Cause By Failing to Provide The Entire Transcript in the Proceedings of
IRP Solutions Corporation

Lawyers for A Just Cause filed suit in District Court for the 2nd
Judicial District, Denver County, Denver, Colorado against federal court
reporter Darlene M. Martinez. (District Court, 2nd Judicial District,
Denver County, Case 2013CV033380, Div 409, Filing ID 6EEE4CA4A567C, Doc
ID 8B0EE416E3F64, Filed July 31, 2013, Accepted August 1, 2013)
The action was brought by A Just Cause for breach of contract
claiming that on or about September 10, 2011, Defendant (Federal Court
Reporter) Darlene Martinez entered into a contract with Plaintiff A Just
Cause to provide stenography services for the entire trial proceedings
of IRP Solutions/IRP6. (United States v. Banks, et al., case number
09CR266).
The lawsuit asserts that on October 27, 2011 A Just Cause paid by
cashier's check in the amount of $9450.00 directly to Darlene Martinez
for a transcript of the entire proceedings of the IRP6 case, which
included, but was not limited to, all bench conferences. The complaint
states that Ms. Martinez failed to provide the entire trial transcript
as contracted for. (2nd Judicial District, Denver, Case 2013CV033380)
“This lawsuit is critical to the appeal in the IRP6 case”, says Sam
Thurman, A Just Cause. “Part of the appeal in the IRP6 case argues a
violation of the defendants' Fifth Amendment right at trial during a
bench conference with Federal Judge Christine Arguello”, adds Thurman.
The defendants argue that a critical portion of the transcript is
missing which would substantiate the Fifth Amendment violation claim.
Court records show that the defendants requested the transcript from
court proceedings of October 11, 2011, but discovered that a sidebar
discussion was missing. (D. Ct. No. 1:09-CR-00266-CMA) “We believe that
when the Fifth Amendment violation is confirmed through trial
transcripts, that will be grounds for overturning the case”, concludes
Thurman.
The IRP6 case concerns an African-American company (IRP Solutions
Corporation) in Colorado that developed criminal investigations software
for federal, state and local law enforcement. 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)
Court records show repeated motions and requests by the defendants
(IRP6) during trial to Judge Christine M. Arguello for the unedited
version of the sidebar transcripts, but all requests were denied by the
court. Subsequently, multiple post-trial motions were filed by attorneys
requesting a hearing to resolve the transcript issue with the court
reporter, but those requests were also denied by Judge Arguello. (D. Ct.
No. 1:09-CR-00266-CMA)
"I made several attempts to obtain the transcripts from the clerk's
office, but have been continually told by the court reporter and the
clerk's office that the sidebar portion is unavailable," says Ethel
Lopez of A Just Cause.
"The Court Reporters Act, 28 U.S.C.A 753(b) makes it mandatory by
Congress, that a court reporter shall record all proceedings verbatim in
criminal cases held in open court which includes sidebars," says
Attorney Gwendolyn Solomon (attorney for the six defendants). According
to Solomon the statute reads, "...all original notes are required to be
preserved and available in the clerk’s office. The reporter or other
individual designated to produce the record shall attach his official
certificate to the original shorthand notes or other original records so
taken and promptly file them with the clerk who shall preserve them in
the public records of the court for not less than ten years." (Court
Reporters Act, 28 U.S.C.A 753(b))
“A Just Cause previously received excellent support from Congressman
Lamborn (R-Colorado) and Senator Udall (Colorado) regarding this
situation”, says Thurman. “Our representatives have sent letters to the
Department of Justice inquiring into the matter of the missing
transcript, among other improper actions that have transpired during
this case”, Thurman adds.
“Early on in this process A Just Cause contacted the office of U.S.
Attorney John Walsh in Denver seeking assistance in obtaining the
missing transcript”, says Thurman. “Jeff Dorschner, Public Affairs
Specialist for Mr. Walsh's office, stated that investigating the missing
transcript was out of their jurisdiction, and went on to say '...sue
her (Martinez) for it (the trial transcript)...', so that's exactly the
course of action we have chosen to take”, adds Thurman. “A Just Cause
believes that this lawsuit will result in critical information being
revealed about what really happened at that sidebar during the IRP
trial”, concludes Thurman.
A hearing or trial date has not been set yet in the lawsuit against
Darlene Martinez (2nd Judicial District, Denver, Case 2013CV033380).
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). 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-releases/c21pq