POLL: The Colorado Appeals is considering the case of a woman convicted for murder, even though she was in police cus

[OutHouse]

Link to story

ok here is what happend (as i remember the case). Lisl gets a couple of friends to drive her to a house or storage unit to get her stuff that another friend has locked up. they break in and get caught in the act. Police chase ensues (Lisl is not driving but a passenger in the car), car stops her two friends bold into a apt complex and Lisl surrenders is taken into custody cuffed and placed in a police cruiser.

mean while her two buddies are running through a apt complex with cops in hot prusiut. they split up and one goes inside a apt unit and kills himself and the other hides in a stairwell. the one in the stair well starts a shoot out with the cops and kills a detective then he is killed by police.

Lisl is still in the police car, hand cuffed when the detective was shot and killed. she had no part of the chase other than being a passenger and no part of the shooting, she was sentenced to life in prison without the possibility of parole.

what do you think is it too harsh of a sentence? or was justice served.

 

[Linflas]

TV news on the web is as bad as it is on TV. Could they have given any less information on that case? A nice summary or a link to a summary would have been nice at minimum.

 

[yakko]

That sentence is too harsh.

 

[Don Vito Corleone]

Based on the chain of events as you describe them (the linked story offers no information whatsoever on the offense), I cannot see how she could possibly be convicted of any flavor of murder. As you describe it, the three suspects were not committing burglary (since the property to be taken was hers), but mere breaking and entering of a non-dwelling. As near as I can tell, Colorado considers this second-degree trespass, a misdemeanor, so I have a hard time seeing how she was convicted of homicide at all (since this is not felony murder), much less given life in prison. I imagine there is more to this story.

 

[vi edit]

WTF would someone kill themself when being chased by the cops for helping a friend "steal" their own stuff?????

Either these were not mentally stable individuals, or else there is A LOT more to this than what we are given.

 

[Linflas]

I did a search on Lisl Auman and it seems that so far what Citrix described above is pretty much it. It seems the incident took place during something that came to be known as " the week of hate". The stuff below was taken from a Lisl Auman website so I cannot vouch for it accuracy since the site is dedicated to freeing her.



<< January 23, 1998--The woman who was in the car with an alleged skinhead who shot and killed Denver Police Officer Bruce Vander Jagt last November must stand trial for attempted murder and first-degree felony murder, a Denver judge ruled Thursday.

After a preliminary hearing Thursday, Denver District Judge Nancy Rice also found enough evidence to order Lisl Auman to stand trial for first-degree assault, felony menacing and second-degree burglary. (DP 01-23-98 p C4)

Pre-Trial

July 6, 1998--In a 'Day Before Jury Selection' article, the Denver Post contained the following excerpts:

"On Tuesday, details of VanderJagt's sudden, horrible death on the afternoon of Nov. 12, 1997, will unfold as Auman goes on trial for his murder, the attempted murder of a Jefferson County deputy sheriff and the theft of a multitude of belongings from her ex-boyfriend, Shawn Cheever.

In the moments before VanderJagt died, the 22-year-old Auman allegedly gave self-proclaimed skinhead Matthaeus Jaehnig a semiautomatic Chinese military rifle known as an SKS.

Investigators claim it was that rifle - a type of weapon used to kill or wound at least six U.S. officers in the two years before to VanderJagt's death - which Jaehnig used to ambush VanderJagt as he neared an apartment where Auman was living. Officers who say they saw Auman give the gun to Jaehnig are expected to testify?."

--- "The trial is expected to last two weeks and offer glimpses into Auman's circle of friends and their drug- and violence-plagued world, including the closest look at the Colorado skinhead movement since the 1990 trial of Maxwell Thomas, who was convicted of killing Denver hairdresser David "Slim" Timoner.

Skinheads first appeared in the United States in the mid-1980s. In the past 13 years, they've turned from using bats, boots and knives on their enemies to guns such as the rifle that killed VanderJagt.

An autopsy showed that when the 25-year-old Jaehnig killed VanderJagt, he was high on speed. After killing the 47-year-old officer, Jaehnig committed suicide with VanderJagt's service revolver. Ina Jaehnig, mother of Sam and Matthaeus, told The Denver Post that police wrongly suspected Sam of dumping a dead pig at the District 3 police station where VanderJagt was assigned the day after his younger brother was buried. The pig had VanderJagt's name scrawled on its side and a drawing of a badge on its belly."

--- "Also suspected of involvement in the attempt to rob ex-Auman boyfriend Cheever was Steven Todd Duprey, 29, a close friend of Matthaeus Jaehnig. A drug dealer conditionally released from prison in 1991, Duprey was wearing a wig and carrying a semiautomatic handgun with two extra ammunition magazines when he was arrested 16 days after VanderJagt was killed."

--- "Both Soriano and Gerze have pleaded guilty to second-degree burglary with Gerze receiving two years' probation and Soriano 60 days in jail and two years' probation. Duprey pleaded guilty to a similar charge and was sentenced to four years in prison." (DP 07-06-98 p B-1)

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The Trial - The Trial Took Place Over 7 Days Between July 7th and July 17th .

July 7,1998--The July 7th Jury selection was completed by days end.

"Prominent defense attorney Walter Gerash was among the prospective jurors summoned in the Lisl Auman murder trial Monday." The Rocky Mountain News article reported, "But he was excused soon after he seated himself at the bar." The article stated that "Prosecutors Tim Twining and Henry Cooper said they wanted him off the panel and Rice excused him." (RMN 07-08-00 p 16A)

July 8, 1998--"Denver police officer Bruce VanderJagt is dead because Lisl Auman wanted revenge after being jilted, prosecutors told a jury Wednesday. But public defender Angela Kruse countered that police have made Auman, 22, a scapegoat because they want vengeance for their fellow officer's slaying."

"Cooper (Prosecutor Henry Cooper) said Auman steered the car during the chase as Jaehnig fired at a deputy. Police say Auman gave Jaehnig an assault rifle that he used to kill VanderJagt.

"Kruse contends Auman was a pawn in Jaehnig's ``war with Denver police.'' ``She was in a dangerous high-speed chase with a madman'' and grabbed the wheel under Jaehnig's orders ``because she didn't want to get shot,'' Kruse said." (RMN 07-09-00 p 5A)

July 9, 1998--A Rocky Mountain News article reported a peculiar twist that occurred during the day. "While the jury viewed Gerze's taped police statement, Jeanne Olguin, mother of rookie Denver officer Ron DeHerrera who was killed in a crash with a stolen car last March, strode into the courtroom and gave widow Anna Marie VanderJagt, who was sitting in the front row, a white rose. This angered Denver District Judge Nancy Rice, who has posted deputies at the courtroom door to limit comings and goings while the trial is in session." (RMN 07-10-00 p 22A)

Please refer to the investigative reports from the Denver Post and Denver Westword for detailed accounts of the trial.

July 17, 1998--Lisl Auman is convicted of felony menacing with a weapon, second-degree burglary and conspiracy to commit first degree burglary.

Immediately after the guilty verdict was read a television news station reported: "A 22 year old woman learned today that she is facing the rest of her life in prison. Lisl Auman was found guilty of the murder of a Denver police officer." District Attorney Bill Ritter, at a Press Conference, the report continued, said, "If you use weapons or furnish them in a crime where someone is killed then you are liable." (Channel 7 News at Ten. KMGH-TV. July 17, 1998)

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The Rocky Mountain News Front -Page Headline roared: "Woman, 22, Gets Life Term In Slaying Of Police Officer She Didn't Pull Trigger But Aided Gunman"

Excerpts from the article state: "Lisl Auman burst into tears as a jury convicted her Friday of first-degree murder in the slaying of Denver officer Bruce VanderJagt. ``Oh my God,'' the 22-year-old woman said softly as Denver District Judge Nancy Rice read the verdict that will send her to prison for the rest of her life. She then began to weep uncontrollably. A defense attorney and deputies escorted her from the courtroom."

--- "Bruce VanderJagt, the 47-year-old father of a toddler girl, was shot and killed Nov. 12 by skinhead Matthaeus Jaehnig. Police said that Auman handed him an assault rifle just before she was arrested, and that Jaehnig ran down a hall after the two were cornered by police at the Monaco Place apartments in southeast Denver.

Auman was in a stolen car with Jaehnig as he led a high-speed chase from a mountain burglary near Pine to Denver, where he fired at pursuing Jefferson County deputies and then ambushed VanderJagt. Jaehnig then killed himself. Her attorneys argued that Auman wasn't a willing participant in the chase or the slaying. They contended police were lying about handing Jaehnig the gun and were trying to make her the scapegoat to avenge VanderJagt's death." (RMN 07-18-00p 1A)

Excerpts from a Denver Post article stated: Prosecutors said Auman led a group of people, including Matthaeus Jaehnig, to Buffalo Creek on Nov. 12 to burglarize the home of her ex-boyfriend. When neighbors reported the crime and police responded, Jaehnig led them on a high-speed chase to a southeast Denver condominium complex.

--- The chase continued on foot, and Bennett and Brake testified that just before she surrendered Auman appeared to put something down. Prosecutors theorized it was the gun that Jaehnig used to kill Vander Jagt. Jaehnig, a self-proclaimed skinhead, later shot himself with Vander Jagt's service revolver."

--- Auman's attorneys said she didn't give Jaehnig the gun and had surrendered to police before Vander Jagt was shot. They said she was a victim of circumstance, and police framed her because they were angry over Vander Jagt's death. Auman was charged with first-degree felony murder. That meant she didn't need to pull the trigger to be convicted of murder if the crime was committed while she fled the burglary. She will receive a mandatory life sentence without parole.

--- Judge Nancy Rice can add another 30 years for her convictions for menacing, second-degree burglary and conspiracy to commit burglary. Rice will set a sentencing date Monday." (DP 07-18-98 p A1)

July 21, 1998--Excerpts from a follow-up Denver Post column: The prosecution's ultimate conviction "?was helped along by the prosecutorial skill of Tim Twining, who hammered home the fact that if she had a mind to, Auman might have been able to prevent the murder of a police officer.

"Twining pointed out a number of facts about Auman's participation in the fatal events leading up to officer Vander Jagt's death. "Auman was familiar with the condominium complex because she lived there and after her surrender she could easily have told officers Jaehnig was in the dead-end hall with a gun."

"Instead the prosecutor said, she feigned ignorance." After taking all of this into account, the jury agreed and convicted Auman of first-degree murder." (DP 07-21-98 p B7)

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August 5, 1998--Denver District Judge Rice Nominated to State of Colorado Supreme Court

Governor Roy Romer spoke of his decision to appoint Judge Rice in a Denver Post article: "?Rice "brings the experience of a prosecutor to this court;" Rice served as an assistant U.S. attorney from 1977 until 1987, when Romer appointed her to the District Court. Romer said he had "reviewed a good bit of her work" from Rice's service with the U.S. Attorney's Office, including a list of 45 cases she handled in the 10th U.S. Circuit Court of Appeals. Additionally, Romer said, during her 11 years on the District Court, Rice handled 19 first-degree murder cases and four second-degree murder cases. The most recent was the first-degree murder trial at which Lisl Auman was convicted July 17 for her role in the death of Denver police officer Bruce Vander Jagt.

Rice has "a reputation for running a very firm court with a very firm hand" and being a tough sentencer, Romer said. Romer said he wasn't aware of the political affiliations of any of the three nominees in making the selection, but Rice said later she is a Democrat." (DP 8-06-98 p B1)

"Juror's Residence Threatens Conviction In VanderJagt Slaying Auman Defense Motion Delays Sentencing Phase" (RMN 08-29-98 p 5A)

August 26, 1998--The Denver Post reported: "Lawyers for the woman convicted of killing Denver Patrolman Bruce Vander Jagt have claimed in sealed motions that she is entitled to a new trial based on alleged jury misconduct involving one juror, sources have told The Denver Post. Lisl Auman was convicted last month of first-degree murder in Vander Jagt's Nov. 12 ambush slaying. The sentence carries a mandatory life sentence without chance of parole."

The article continues: "?However, just days after Auman's conviction, her lawyers, Angela Kruse and Cyrus Callum, filed sealed motions seeking a new trial.

Denver District Judge Nancy Rice, who presided over the Auman trial, ordered the files to remain sealed and vacated Auman's sentencing date, which had been scheduled for Monday (August 31, 1998). No new sentencing date has been set, and Rice has since been appointed to the Colorado Supreme Court. Her final day on the Denver bench was last Friday.

Both the Denver district attorney's office and defense lawyers adamantly refused this week to comment on the content of the motions. However, prosecutor Tim Twining said Tuesday that the district attorney's office has investigated the allegations and found them groundless. The DA's investigation shows that the defense attorneys' allegations "are not true or certainly don't warrant a new trial," Twining said. " (DP 08-26-98 p B6)

August 29, 1998--The Rocky Mountain News reported: "Lisl Auman's murder conviction is in jeopardy because one of the jurors in her trial for a police officer's slaying did not live in Denver as required by law. Auman was to be sentenced last Monday, but the hearing was canceled after her attorneys filed a sealed motion for a new trial. Denver District Judge Warren Martin unsealed the motion Thursday but ordered that jurors' names be deleted in the public file. The motion says one juror phoned the judge the day after the verdict to say she wanted to change her vote. Then, on July 21, allegations surfaced that one of the jurors didn't live in Denver.

The article continues: ``We are thoroughly investigating this matter and are confident that once the facts are shown in a hearing, we will fully prevail on this issue,'' prosecutor Tim Twining said. He declined to comment further. The nonresidence issue arose after another juror gave this juror a ride home to an apartment in Littleton. The juror being driven to the Littleton address was quoted as saying, ``Well, I don't live in Denver County anymore. I wonder if that's a problem.'' Defense attorneys contend the juror and a roommate applied for the apartment May 8, received keys to the place June 26 and moved in two days later.

Auman's trial began with jury selection July 7. Defense attorneys argue that the move means the juror was not a resident of Denver and was not qualified to serve on the jury. `The lack of candor on the part of (the juror) during voir dire denied Ms. Auman of her right to make an intelligent decision as to whether to challenge the juror for cause, exercise a peremptory challenge or accept the juror,'' public defender Cy Callum said in the motion. ."(RMN 08-29-98 p 5A)

"The residency controversy arose when attorneys learned after the trial that another juror gave her a ride to Littleton when court recessed early July 15. ----``She said, `I don't live in Denver anymore. I hope that's not a problem, but I've only lived here about a week,' '' recalled the juror who gave her a ride. "(RMN 10-22-98 p 18A)"

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October 23, 1998--Excerpts from a follow-up Denver Post article state: "Claiming a juror who helped convict Lisl Auman of murdering a police officer lied repeatedly afterward, attorneys for Auman made their final request Thursday for a new trial." Defense attorney Angela Kruse asked Denver District Judge Stephen Phillips to take the unusual step of declaring the juror "incredible as a matter of law" - or completely unbelievable."

--- "Kruse's request came during the closing arguments after several days of testimony from members of the Auman jury, including the one accused of misconduct. Kruse claimed the juror actually lived in Littleton during the Denver trial. Because Colorado law requires jurors to live in the county where the trial is held, Kruse claims Auman is entitled to a new trial."

--- "The sentencing of (Lisl Auman) has been delayed pending a ruling on the request for a new trial. Kruse claimed the juror lied when Denver District Judge Nancy Rice asked where she lived during jury selection. After the trial, when the question arose again and an investigation began, the juror and her boyfriend concocted an elaborate tale to hide her true residency, Kruse said. The juror went so far as to destroy her daily planner, which listed her activities during the period, Kruse said. "She attempted to obscure the truth," the defense attorney said. But prosecutor Tim Twining said testimony from the juror and her boyfriend, father, boss and a close friend clearly established that she lived in Denver during the trial, although she spent several nights at her boyfriend's Littleton apartment."

--- "The juror admitted that she paid an application fee and a month's rent on a Littleton apartment which she and her boyfriend planned to live in together." (DP 10-23-98 p B-08)

November 4, 1998--Lisl Auman Denied a Re-Trial in an Election Day Written Ruling

The Rocky Mountain News reported: "A Denver judge Tuesday denied Lisl Auman's bid for a new trial. The move means Auman must be sentenced to life in prison without parole for her role in the shooting death of Denver police officer Bruce VanderJagt last November. Defense attorneys argued she should have a new trial because one juror who helped convict her didn't live in Denver.

But Denver District Judge Stephen Phillips ruled that the juror's legal residence was in Denver. ``My only daughter's going to spend the rest of her life in prison for a crime that was committed by a stranger while she was handcuffed in the back of a police cruiser,'' said Don Auman, Lisl's father. ``It's a terrible tragedy and loss to the VanderJagt family, but taking away Lisl's life only compounds the tragedy. The case should never have gone to trial, and my daughter has died at the hands of a system that is unfair.'' Denver District Attorney Bill Ritter saw it differently. ``We are delighted that it came out that way,'' he said. " (RMN 11-04-98, p 50A)

The Rocky Mountain News reported: "This is an outrageous extension of the felony murder rule,'' said Denver defense attorney Walter Gerash. "I have never ever seen the felony murder rule extended to 30 miles away from the scene.'' (RMN 11-04-98, p 5A)

November 17, 1998--Lisl Auman Is Sentenced To The Mandatory Sentence Of Life Without The Possibility Of Parole.

The Denver Post reported: At her sentencing hearing Tuesday, and in a letter to sentencing Judge Stephen Phillips, Lisl Auman blamed skinhead Matthaeus Jaehnig for Vander Jagt's death in a southeast Denver condominium complex where police chased Auman and Jaehnig following a robbery in Jefferson County. Jaehnig fired the fatal shots from an assault weapon as Vander Jagt rounded a corner.

"I'm very sorry for his loss of life," Auman told the courtroom. "I had no involvement in officer Bruce Vander Jagt's murder."

The article continued: Auman was convicted under the state's felony murder law, which did not require her to pull the trigger. The felony murder law provides that if someone commits a crime like burglary and then flees and someone is killed during the pursuit, the burglar is guilty of murder even if she didn't fire the fatal shots. (DP 11-18-98 p B1)

The Rocky Mountain News reported: "Lisl Auman was led away in handcuffs Tuesday to begin serving a life prison term for her role in Denver police officer Bruce VanderJagt's murder. Auman said she felt "deep sorrow'' for VanderJagt's family, but maintained she had "no involvement whatsoever'' in the officer's slaying. Auman said she was at the mercy of a madman bent on having a shootout with police. "He was out of control and I was terrified I would lose my life,'' Auman said. "At the earliest moment I could, I turned myself into police.'' "Lisl Auman wasn't the victim here,'' said Denver District Attorney Bill Ritter. "She was a participant in a felony murder. Just by passing on a bit of information she may very well have saved Bruce VanderJagt's life.'' " (RMN 11-18-98, p 5A)

A Denver Post Opinion Column noted: "Last year, about this time, when police were chasing Matthaeus Jaehnig through the dusky shadows of a southeast Denver condo complex, Lisl Auman was sitting in a squad car telling cops to go to hell. ---She wasn't giving them any information about her fresh new friend Jaehnig. It was reported that, amid her obscenities, she spit in the face of one police officer asking questions." (DP 11-20-98 p B1)

December 30, 1998--Lisl Auman was transferred to the Colorado Women's Correctional Facility (CWCF) in Canon City, Colorado to begin serving her sentence of life without the possibility of parole. >>