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July 8, 2010

Phony lawyer Howard Kieffer facing an upward departure in his federal sentencing

Persons who follow the federal sentencing system have long known the name Howard Kieffer, and this local story suggests he may now break new legal ground in the role of convicted defendant instead of in his previous (fraudulent) role as a lawyer.  The story is headlined "Judge plans to get tough in sentencing fake attorney," and here are excerpts:

U.S. District Judge Christine Arguello told fake attorney Howard O. Kieffer on Wednesday that, given his 30-year criminal history, she intends to send him to prison for longer than is recommended by sentencing guidelines.

Kieffer, 54, was convicted in April of wire fraud, making false statements and contempt of court. The con man pretended to be a licensed criminal attorney and represented an Aspen woman during a trial in Denver's federal court.

Gwen Bergman was accused of trying to hire a hit man to kill her son's father, and her family hired Kieffer for nearly $70,000. A check of federal records found Kieffer represented at least 16 clients in 10 different federal jurisdictions since 2004. He was caught in 2008.

"The roots of your scheme and your conduct throughout the years has been nothing but deception," Arguello said. "You used your knowledge of the court system to take advantage of the system, those families and the courts."

Arguello read from a long list of Kieffer's crimes, dating to 1976, when he was 20 years old and in possession of 20 pieces of stolen mail containing about $20,000 in checks....

Arguello said she doesn't believe the federal sentencing guidelines are sufficient in Kieffer's case.

The guidelines suggest Kieffer spend 60 months in prison at the same time as an 51-month prison sentence he is serving for the same criminal conduct out of North Dakota. Arguello intends to sentence Kieffer to prison time consecutive to the time he is already serving.

The judge asked Kieffer's attorney, Nathan Chambers, and Assistant U.S. Attorney Stewart Walz to submit briefs of their position on her intentions for a tougher prison term.

July 8, 2010 at 12:22 PM | Permalink

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Comments

Howard, I regret to say, has sociopathic tendencies which fooled the courts and more importantly, real federal criminal defense lawyers. I had known of Howard for years as a BOP 'consultant' but we had never met. Incredulously, Howard fooled academia too: He attended the Stanford University Law School Roundtable on Blakely for Law Professors (September 2004). We then met and I had the opportunity to personally accuse him of fraud in connection with his "practice." Tweed sport coat and patches, no less.

Posted by: bw | Jul 8, 2010 8:04:48 PM

I am no fan of Howard Kieffer; I believe that his multiple crimes and criminal history merit an appropriate punishment from the sentencing court. I remain concerned, however, that the sanction he receives will be more onerous because he caught the federal courts with their administrative pants down. He uncovered flaws in the federal court admission to practice system - several trial and appellate courts were embarrased by the ease with which he was allowed to appear. Much angst and posterior protection effort resulted. Kieffer should be punished for his fraudulent activity and not for the holes in the system that facilitated that behavior.

Posted by: alan chaset | Jul 8, 2010 8:16:40 PM

I fully concur with Alan and believe that Howard should receive a sentence sufficient, but not greater than necessary. There are numerous cases, however, in which upward departures have been upheld on the ground that the defendant's conduct undermined confidence in the integrity of the judiciary; disruption of governmental function; or the extent to which was not adequately captured by §3C1.1. Yes, he should receive a parsimonious sentence consistent with 3553.

Posted by: Benson Weintraub | Jul 8, 2010 8:33:20 PM

Would you please look into the news articles on the plea and nearly 5 year sentence given to attorney Jessica Miller Redinger in Florida? She pled after being threatened with 40 years in state prison while the office manager who actually stole the money has had delay after delay while "cooperating" with the state. Something ain't right here.

Posted by: mj | Jul 9, 2010 4:02:59 AM

Maybe Judge Arguello has been watching too much Judge Judy.

Posted by: John K | Jul 9, 2010 1:15:35 PM

John k .hey can u challange the contstitutianality of a prior felony conv. When its being used to charge as an habitual offender?.please contact me at 8504498346.please

Posted by: Patrick hebert | Jul 9, 2010 1:42:47 PM

ahh now we see the REAL problem!

"The con man pretended to be a licensed criminal attorney and represented an Aspen woman during a trial in Denver's federal court.

Gwen Bergman was accused of trying to hire a hit man to kill her son's father, and her family hired Kieffer for nearly $70,000. A check of federal records found Kieffer represented at least 16 clients in 10 different federal jurisdictions since 2004. He was caught in 2008."

Since i have heard nothing about all these crininal cases nor anything about them now sueing him becasue of bad representation i have to figure the REAL reason the court sytem is mad is some REGULAR person had the GAUL to actually act as a lawyer (an action that till recetnly used to be LEGAL) AND WIN!

Posted by: rodsmith | Jul 9, 2010 1:53:57 PM

Would love to help, Patrick, but I'm not a lawyer. And in light of what just happened to phony lawyer Howard Kieffer, I for one plan to never again say anything that might be mistaken for legal advice.

What I will say, though, is that the Constitution doesn't seem to be the vaunted guardian of rights our civics teachers told us it was.

As it turns out, typically only one thing stands between citizens accused of crimes and authorities intent on putting them in prison: whether judges reviewing cases rule the authorities acted "reasonably," even if seemingly out of sync with the spirit of the Constitution. And guess what, these days judges almost always side with the authorities.

I hope I'm wrong in your case, Patrick.

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I have owned and operated www.dial4lawyer.com in Denver since 1989. I was retaliated against by Nathan Chambers' wife Carol Chambers in her Official Capacity as District attorney of Arapahoe County Colorado.

Birds of a feather Flock together, sleep together and are sometimes even married. Nathan Chambers' wife was The District attorney of Arapahoe County Colorado for eight years until term limits removed her from office in 2012.

My Case
When you are falsely accused, you can Pay for a good lawyer now, or pay more later for an appeals lawyer, or you may go to prison for the remainder of your life.
The truth and the facts in a case are all too often overlooked, trampled upon and disregarded by the All Too Often Self Righteous "Group Think-Want To Do The Right Thing" - "Mob Mentality" of the Jury. The Jurors are all too often brain washed, manipulated and forced into returning a bad verdict that “Feels Good” to everyone but the falsely accused and their family. The “Feel Good Wrong Verdict” also allows the guilty to run free to find more victims to abuse or murder.
In all too many cases involving “False Allegations”, no crime was ever committed. Someone simply made up a story that they want to be “Politically Correct – ” Police, Prosecuting Attorney and Judge grabbed onto to run the conviction numbers in their favor. * The following “Open Letter” from a Falsely Accused Defendant to his Public Defender/ Pretender further explains the problem of a dysfunctional Judicial System that there is no money in fixing. There is more money for the "System Feeders" in a Judicial System that is Dysfunctional than functional. The "For Profit" Prisons is an example. To many lawyers and system employees all too ofter say this. "Our system is better than anything else on the Planet". Tell that to a falsely accused person that goes to prison for life or the family of a falsely accused person that was executed.
Google - Example Cases: The Tim Masters Case In Ft. Collins / Larimer County CO., and the Robert Dewy Case in Mesa County CO., illustrate that Jury’s get it wrong all too often, and at great expense in the suffering and costs to Justice, the Falsely Accused, the victim of the crime, the families of both, the tax payers, and society in general - and in that order. Google "The Innocent Project". They have saved hundreds of innocent people from execution that were falsely accused and maliciously prosecuted by overly zealously prosecuting attorneys and sent to their pending death by "Do Gooder Group Think Jurors.
Please - If You Need An Honest & Competent Criminal Defense Lawyer to defend you in a "False Allegation" Cases - Go to www.4 lawyer . org or Call - Larry at 303-789-7200.

This is a True Story.
It Could Happen to You. If so, You must get a Competent, Honest, Fair & Decent Lawyer to Represent You, or go through what I did.
You can do it the easy way or the hard way. The Easy Way is to get a Good Lawyer. The Hard Way is to get a Public Pretender who will sell you out.
The hard way will Cost You a lot more money and time and maybe even Prison time. If You need a Good lawyer - 303-789-7200.
Read This True Story.



Larry MacPhale
5470 So. Greenwood St.
Littleton, Colorado 80120
303-730-2100 / 794-1859 / Fax 347-2100
LMacPhale@aol.com / Dial4Lawyer.com

April 11, 2005

Robert Grossman
Public Defender

Highlands Ranch, CO. 80129


RE: 1991 Douglas County case # 91 M161
District Court appeal case # 91 CV 712
False allegations of phone harassment against me by Cecile Dreher.


Dear Rob,

It was good to talk to you the other day. I’m sorry it took so long to get this to you, but here it is. As I told you on the phone I do not blame you in any way for my conviction in the above case. You did the best that you could do as my attorney in a classic scam by the District Attorney’s office. I was set up and you were lied to by your supervisor, Natalie Fry from the Public Defender’s office.

She also lied to the judge. I never had an opportunity to tell you at the time what happened. As I told you Ms. Fry had dismissed each juror that I wanted and kept each juror that I wanted dismissed.

If you recall the confirmation hearings were being held in Washington for U.S. Supreme Court Justice Clarence Thomas at the same time as my trial. During jury selection one of the jurors was a frumpy pregnant brunet that looked a little like Ms. Dreher. When you asked her what she thought of Judge Thomas she told you. “I don’t like Judge Thomas; I think that he is a liar.”

I voiced my concern to Ms. Fry. Ms. Fry told me. “She stays, I like what she says.” How in the hell does this make sense? She also told me that she was not going to use any of the questions that I wanted asked of Ms. Dreher. I again voiced my concern.

While you were busy questioning Ms. Dreher on the stand, Ms. Fry then said to me. Mr. MacPhale if you don’t like the way I handling this case I will quit. I said Ok, do whatever you want, quite if you like.

She then asked the judge to send the jury out. Then she told the judge that she wanted to talk with you outside the Courtroom. The judge agreed. She then took you out to the hall and told you that I had fired the two of you. This was a lie.

When the two of you returned to the Courtroom. She remained at the rear of the Courtroom with her arms folded and a smirk on her face. She let you do her dirty work without you knowing the truth. She watched as you misinformed the judge that I had fired the two of you when in fact she had quit and lied to you. By having you tell her lie to the judge, she was not directly guilty of perpetrating a fraud upon the court.

Several times I noticed what I would describe as sly eye contact and/or a slight suspicious smirk and/or half grin between Ms. Fry and Ms. Chambers the assistant DA who prosecuted me with Todd Macintosh acting as her lackey doing her talking for her. Ms. Chambers had given me the same smirk and/or half knowing smile in the hallway when no one else was present after one of the preliminary hearings.

If you recall I had filed a complaint against Ms. Chambers for unprofessional conduct against my ten-year-old twin sons and I few months before Ms. Dreher made her complaint against me. It was Ms. Dreher who had typed the complaint for me against Ms. Chambers.

Somehow or the other they had gotten together and cooked up the false charges and/or Cecile knew who to go to as a result of her inside knowledge of my complaint against Ms. Chambers. I remember I was given the summons on a Friday and went to Castle Rock on a Monday without having any idea who had filed the complaint for phone harassment, as it did not appear on the summons.

I remember frustrating all weekend and talking to my mother and my sons and trying to remember whom I may have been rude to on the phone. I could think of no such incident

When I looked into the file at the Court House and seen Cecile Dreher’s name and read her statement I started to understand what was going on. I talked with assistant D.A. Devra Carmichael. I told her I had witness to prove I was not near a phone on the date and time that Ms. Dreher said I made the non-call.

Ms. Carmichael was evasive about doing an investigation. I returned with one of my witnesses Donald May and asked Ms. Carmichael to take his statement. She refused. I asked her if she was going to do an investigation. Again she was very evasive and told me. “We may just let the jury decide.”

Now, after this experience this statement coming from a D.A. means, we really don’t have a case but we can snow the jury and/or baffle them with bull shit by throwing it at the wall knowing that a little bit of any crap will stick.

Ms. Carmichael later went on to run the Thursday night bar, (to help poor people)
BS. She is now a practicing lawyer in Castle Rock. I used to love Castle Rock, but now even after all of these years, it makes me sick every time I hear the name “Castle Rock.” I did nothing to deserve this life-changing event.

After reading Ms. Dreher’s pornographic and fraudulent statement about me “jacking off” on the telephone while she was on the line, and after my frightening visit with Ms. Carmichael, I was stunned and stupefied. My head felt hot and I became dizzy. I experienced this sickening feeling many times during the many years that my family and I were forced to tolerate this crime against us.

Little by little all of the pieces began to fit. I recalled (the seemingly innocent at the time) times that Ms. Dreher would come into my office at quitting time, lean down over my desk and let her size 52 jugs hang down on my desk and say.

“Larry I am having marital problems, what can I do?” Her waste was also a size 52 and I found her totally unattractive. She had to turn sideways to squeeze through the door. I also always followed by own advice, “you don’t screw around with the employees.”

I also remember several times she would come in and tell me that she had a prison ministry at the Federal Correction facility in Lakewood. She would tell me that she went there and gave talks and handed out bibles. She would ask me to go with her and her meetings were at 7 or 8 p.m. in the evening. I always told her I was busy. I was not interested in her or her Bible Study.

I read in some news article about Carol Chambers when she was running for Arapahoe County District Attorney that she had some kind of a health problem and she said that Jesus healed her. It seems that Carol Chambers and Cecile Dreher had more in common than being man haters, they are both Jesus freaks.

There is nothing more vicious and/or deceitful than a man hating Jesus freak. I have experienced their wrath before. In addition to Cecile being planted in my business by ex-employee/lawyer Kenneth Kolbjornsen to run me out of business she may have also been pissed off because I never took her foul bait.

For those people that do not accept my opinions on this case for whatever reason, I can only say this. There is no one in this world that knows the facts better than I do, and I have most certainly paid and earned the right to state the facts as I seen them.

My jury never got the facts, and when overly rude and arrogant Judge Allspach forced me to represent myself as a result of Ms. Fry’s deceitful stunt I never had a chance. He was very angry with me and thought that I was the one who was lying about everything including firing you and Ms. Fry.

This was the last case before Judge Allspach fell off the bench with Lou Gerigs Disease. He had a nasty disposition and when Ms. Fry and Ms. Chambers convinced him that I was lying to him he became more so. Anyone who reads the transcript gets the picture.

It was very telling when Carol Chambers and her punk Macintosh convinced the judge that I could not ask any questions of Ms. Dreher because I had not endorsed her as a witness. What a set up. The DA and the fraudulent victim, Ms. Dreher conspired and worked together with the cooperation of my attorney Ms. Frye.
I was duped, the judge was duped, the jury was duped and you were also duped.

What constitutes a scheme and/or a conspiracy? It is my understanding that when two or more people get together and cook up a plot to harm someone else. What constitutes a criminal conspiracy? That is when two or more people get together and with criminal intent cooks up a scheme that is results in a crime being committed.

This was a criminal conspiracy. Who do I report it to? Who would prosecute it? What is the statute of limitations on this type of a crime? It would be interesting to see how all of this would unfold in front of a grand jury with of the power of subpoena and interrogation and examination of all of the witnesses.

God bless Judge Turilli, he seen through the scheme. May God bless my appeals attorney who was able to grasp the facts of the trial and the miscarriage of justice.
It cost me $7,500 that I had to pay him plus a 12-foot $2,500 leather couch that I had to buy and pay for, and transport to his office to get the conviction reversed by Judge Turilli. I had to pawn personal musical instruments that I had since childhood and a couple of cars that I had most of my life. I lost them all.

May God bless them both. And my God bless you Rob. You were also an innocent victim in this female manufactured disaster. No, I do not hate women; however after this disgusting experience I have a diminished level of interest.

When I told my appeals attorney that I wanted a new trial to vindicate myself. He told me after talking to the DA’s office that they told him that they lost the file and Cecile Dreher was getting cold feet and did not want to testify. What does this mean?

I told him that it meant that the DA buried the file to hide the deceitfulness that Carol Chambers and Cecile Dreher engaged in, and Cecile was concerned about lying under oath a second time with an experienced attorney chewing up her lies.
The D.A. offered me a deferred judgment. I told my attorney to tell them to put it where the sun does not shine. Then they came back and offered me a 90 day deferred prosecution.

I told my attorney to tell them no, that I wanted to go to trial to prove my innocents and to prove that Ms. Dreher was involved in a criminal conspiracy with Kolbjornsen and Ms. Chambers and others. He told me that I either take the deal or he wanted $15,000 in cash to do the case or he was bailing out on me.

I took the 90 day deferred prosecution deal, and I never pled guilty to the trumped charges for the alleged phone call that I did not make, and that no one else made either. There was no phone call from anyone. Ms. Dreher made up the complete story, with the help of others.

Our new District Attorney Carol Chambers may or may not have been involved prior to Ms. Dreher's complaint being filed, however she was very much involved in the plot after Ms. Dresher contacted her.

As I told you on the phone, attorneys Kenneth Kolbjornsen and Charles Fife set me up to steal my business. They both had worked for me before my business was forced to close in December 1990 as a result of dirty tricks that Kolbornsen and Fife used against me.

Fife was screwing my sectary Debbie Bock whom he later married after she divorced her husband. As a result of their outrageous conduct of having sex in one of my offices every day that offended several of my employees I had asked either Charlie or Debbie to resign.

Debbie offered to go. She came to me a day or two later and told me that she felt so bad that she wanted to help me hire her replacement. Stupid me, I told her I truly appreciated it and let her do so. That was in September 1990. I will never trust anyone to hire anyone for me again.

Debbie interviewed several applicants and kept telling me that Cecile Dreher was the only one and that she was better qualified than anyone else and had told her she really wanted the job and would take the position for less than anyone else, and that I should hire Cecile immediately because she was interviewing with other companies and I should not run the risk of losing her.

Stupid me, I agreed. I did not find out until several months after my business closed in December 1990 and Cecile made her false allegations against me in February 1991 just how big a mistake I had made in trusting both her and Debbie.

Another employee Eileen Wiswroth had told me many times after Cecile came to work, “Larry that Cecile is trouble, she is going to cause you trouble.” Eileen did not tell me until many months later what she meant by that. She told me that Cecile started having private after hour meetings in local cafes with some of my female employees trying to get them to quit my company. Some of them did and one of them went to work for Kolbjornsen in his new competing company, Law Trackers.

I sued Kolbjornsen in 1990 for breach of non-compete contracts. I got a judgment in 1995 and he got it reversed. I got another judgment in 1996. He transferred all of his assets to his wife’s new company and filed bankruptcy before my hearing on damages could take place.

He threw all of his books and records away. I had to pay my CPA $18,000 to reconstruct his books after I got seven years of his bank statements for three of his accounts from Union Bank and at great cost to me. We were able to prove in U.S. Bankruptcy Court in front of Judge Brooks that Kolbjornsen and his wife had under reported their income to the IRS by $49,000 per year for seven years.

I reported it to the IRS three times and they told me each time that they were not interested. Judge Brooks reversed Kolbjornsen’s Chapter 13 in 1997 due to fraud by Kolbjornsen that Judge Brumbaugh had granted in 1996 even after we presented evidence of fraud to Brumbaugh.

It took me 12 different lawyers, seven judges, four different courts and 15 years to get Kolbjornsen disbarred by the Colorado Supreme Court, get his bankruptcy petition tossed out and get a $5,500,000 U.S District Court Judgment by Jury in March 2003 based in Rico and Bankruptcy Fraud.

During the last 15 years I have spent thousands of dollars and untold man hours running my referral business so I could give thousands of free referral calls to the lawyers in addition to all of my cash chasing Kolbjornsen.

I interviewed over 50 lawyers to sue Charles Fife with no success. I sued him myself and had a five-day jury trial. Judge Watanabe sent the jury home, found Fife not guilty of Malpractice even though I paid an expert witness lawyer $2,000 and gave Fife a judgment against me for $16,000 to pay for his lawyer. Watanabe is now a Federal Magistrate.

I gave away a $5,000 fully restored 49 Plymouth that I had traded for to get the $2,000 for the expert witness lawyer. Phil Figa, the lawyer that represented the Legal; Mal Practice Insurance Company that covered the five lawyers that assisted Kolbjornsen in crafting his bankruptcy fraud against me is now a U.S. District Judge sitting beside Federal Judge Wiley Daniel on the Federal Bench.

Judge Daniel is the judge that granted the lawyer’s 12-B motion letting them out of my case. When he walked into the Court Room he said to Phil Figa, “Hi Phil how is the wife and kids?”

Charles Fife was busted for doing meth and is suspended from the practice of law for a couple of years. I have not seen a penny from Kolbjornsen or his wife and life goes on. I lost good Real Estate and everything that I had worked for over the last 30 years as a result of all of the litigation, and related litigation and other related litigation etc, etc.

I interviewed over 25 lawyers in an attempt to sue Ms. Dreher for civil damages. I was given all the reasons why I could not or should not sue her. They were. “She has no money, I want $20,000 cash up front to represent you, you are a man and she is a woman that is a losing case, you have to win your criminal case first, etc, etc.”

After I won my appeal they all told me, “sorry it is too late, your statute of time limitations are gone, you should have done something earlier.” Or, “give me $30,000 and I will check it out.”

The most humiliating and long lasting pain as a result of Ms. Dreher’s lies and Ms. Chambers, Ms. Fry and Ms. Carmichael’s criminal conspiracy is the sickened memory that I have of the dozens of trips that my elderly mother, my ten year old twin sons and I had to make to Castle Rock to deal with this mess over a period of several years.

I will never forget the misery that I seen in the eyes of my mother and my sons as they listened to Cecile Dreher tell the judge, the jury and the world that I called her on the phone and offered to “Jack Off.”

Then they had to listen to Carol Chamber’s lackey, her assistant Macintosh scream to the top of his lungs, these words in the open Courtroom with my mother and sons sitting there. He took a wide felt tip pen and wrote “JACKED OFF” on a large white display board for everyone to see. Then he said. “This is what Larry MacPhale did on the telephone while talking to the VICTIM - Cecile Dreher.”

My mother went to her grave five years ago never knowing for sure, if I did what they said I did or not. Surly if she felt that I did not do this dastardly deed, then most certainly she went to her grave wondering why all of these people said I did. Why, why would they say that I did this if I had not?

Rob, there is no way that I can convince you or anyone else that I did not make a phone to Ms Dreher. I can only tell you the truth and you can either choose to believe me or shake your head and say to yourself. This guy is either nuts or he got screwed big time.

The facts are very telling as to who committed crimes in this case, and it was not I. Hearing Ms. Dreher being referred to, as “THE VICTIM” by the equally guilty District Attorney’s office in Carol Chambers/Charmer was so demoralizing I cannot even begin to tell you. Words cannot describe, only the negative unjust life destroying experience can.

The system churns out a 50/50 success rate for justice when the people and the DA are honest and less than that when they are not.

I take no great pleasure in seeing people that brought great trouble up me having karma’s trouble visited upon them. While their trouble may create opportunity for the feeders, it brings great trouble, pain and misery upon the innocent.

Rob, I truly appreciate everything that you tried to do for me back on November 7, 1991 as my defense attorney. Hopefully this letter will fill in a few blanks and help explain why you were unable to help me through no fault of your own.

Sincerely,


Larry MacPhale


See Page 9 for Index of Enclosures.


INDEX OF ENCLOSURES


1. My letter to the Democratic Candidate for the office of Arapahoe County
District Attorney, Eva Wilson, dated June 29, 2004.

2. A. Lawyer Kenneth Edward Kolbjornsen’s disbarment for Bankruptcy Fraud dated
August 9, 1999 and,
B. Sanctions and Suspension for Lying under oath in auto insurance case dated May 20,
1996 and,
C. part of trial transcript dated March 20, 2003, where Federal Judge Daniel refused
allow Colorado Supreme Court’s disbarment to be shown to the jury.

3. Lawyer Charles Fife’s Suspension for doing Meth, dated February 19, 2005.

4. Sammy Sap’s day in Court, and attached Malfeasance Report # 1 True Story.

5. Letter from Eileen Wiswroth to Judge Allspach dated January 3, 1992.

6. Trial Transcript - available upon request.

7. More Madness, Queen of Deceit Marilyn Van Derbur Atler.

8. Ed Stein’s View.

9. Our Children.

10. Hypocrisy Is The Tribute, That Vice Pays To Virtue.

11. Poem from Scotland.

12. My Rockies Song “Play Ball.”



RG04112005

_________________________________________________________________________________________________________________________________________________

Arapahoe County Colorado District Attorney's Office Guilty of Malfeasance. (My Opinion)
Hopefully some long awaited peace for Ali's family now. I lived and still live 10 blocks from where Alie lived and was lost at Belleview and Broadway in 1993. I attended her Funeral and went to her final resting place for the burial. My heart broke for Ali and her family as I watched the Horse Drawn Hearse pull into the Cemetery.
In 1990 Arapahoe County wasted time and resources turning the World Upside down to prosecute me for a bogus phone call that I was accused of making to an angry Ex Employee Cecile Dreher. I did not make the call. She was planted in my office by an ex-employee and lawyer Kenneth Edward Kolbjornsen who breached our non-compete agreements and stole my business, my employees, my accounts and put me out of business. It took me 13 years to win my case and I was awarded a multimillion dollar judgment that has proven to be worthless. The Supreme Court disbarred Lawyer Kolbjornsen for committing Bankruptcy Fraud against me. Google his name for more information. Cecil Dreher typed a letter of Complaint for me against assistant DA at that time Carol Chambers because she was unprofessional and rude to me and my twin sons in a case involving my sons and a neighbor boy and friend in a shoving match. Carol Chambers retaliated against me by accepting and prosecuting the Cecil Dreher phone harassment case. Due to the loss of my business I was forced to accept Public Pretender Natalie Frye and her student Rob Grossman. Natalie Frye fraternized and worked with Carol Chambers by stacking the jury against me and then she quit half way through the trial, then lied to the Judge telling him that I had fired her. The Judge then forced me to represent myself. I was not allowed to call my Accuser Cecile Dreher to the stand and examine her testimony. The jury who wanted to go home and found me guilty in a matter of minutes. I appealed the case and won with the District Court Turilli finding the prosecution was in a matter of words bogus. I told my appeals lawyer who cost me $15.000 (Pawn and borrowed money) that I wanted him to represent me in a retrial. He called me back and said the DA’s office had told him that they had lost the file and Cecile Dreher was getting cold feet. My attorney told me that the DA had offered me a deferred Judgment if I would plead guilty to a lesser charge. I refused because I did not make the call. I know that Ms Dreher did not receive the call from me I also believe that she did not receive a call from anyone else. The DA’s office then offered me a deferred prosecution meaning that I would not plead guilty to something that I did not do, and the case would go away in 90 days. I told my appeals lawyer that I wanted to be vindicated in a new Trial. He told me that if I did not take to DA’s deal I was on my own and he would not represent me. I accepted the DA’s deal; entered no plea of any kind and the case went away as did my $15,000, three years of my life, my friends, my reputation and my business. My 78 year old mother and my twin sons also had to pay a heavy price for Cecil Dreher's and Carol Chambers' deceit.
If DA Carol Chambers had of worked as hard on Alie’s Case as she did on her case against me in her retaliation against me because I filed a complaint against her for unprofessional conduct, the time and resources she wasted could have been used on Alie’s case and the prosecution of her kidnapper and her murder. DA Carol Chambers had better evidence against Ali’s murder than she had against me. Early in my case I had asked Carol Chamber’s assistant attorney Devra Carmichael if they were going to investigate the allegations made against me by Cecil Dreher. Her answer told me where the case was headed. She said - “We may investigate, and we may not investigate, or we may just let the Jury decide.” In other words, “we will throw some dung on the wall and see how much sticks for the Jury’s decision. Carol Chambers was rewarded for her deceit and dishonesty by being elected, and then re-elected to a second term as Arapahoe County’s District Attorney. Her husband Nathan Chambers was and/or still is the leader of the Arapahoe County Republican Party. You can’t blame Obama for this dastardly and egregious conduct and miscarriage of justice in the squandering of the tax payer’s money persecuting and prosecuting innocent people at the pleasure of DA Carol Chambers while she let Nicholas Randolph Stoler, the apparent guilty murder of Alie loaf around and finally leave town to make a fool out of himself in another town until he finally died by a self induced drug over dose. How many other victims did he inflict his deadly wishes on as a result of Carol Chamber's choices to persecute and prosecute innocent people in her cases like mine where no proof of guilt was needed for a conviction when she should have prosecuted Alie's murder? She could have gotten a conviction in Alie’s case just as easy, if not easier than she did in my case. So why wasn't Alie's killer prosecuted? Difference is Carol Chambers had no personal interest of retaliation in Alie’s case as she did in mine. My files are open to interested parties. Note: The names have not been changed to protect the Guilty. Face Book. Larry MacPhale. Littleton Colorado. :cry:
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DNA Evidence Shows Neighbor Killed Alie Berrelez
DNA Shows Nicholas Stofer Kidnapped, Killed Alie Berrelez
Written By Kim Ngan Nguyen, Web Editor
POSTED: 9:42 am MDT September 13, 2011
UPDATED: 10:01 pm MDT September 13, 2011

ENGLEWOOD, Colo. -- Englewood police said Tuesday that a neighbor long considered as the primary suspect in the Alie Berrelez murder case was the one who kidnapped and killed her 18 years ago.
The 5-year-old girl disappeared on May 18, 1993, from the Golden Nugget apartment complex on Grand Avenue in Englewood. Her body was found four days later stuffed in a duffel bag and tossed down a ravine in Deer Creek Canyon in Jefferson County.
Englewood police said that DNA taken from Alie's underwear, possibly from saliva, belonged to Nicholas Randolph Stofer, 41.

An autopsy revealed no obvious cause of death and showed no indication of sexual assault or significant trauma.
Stofer died of a drug overdose in his Phoenix apartment in October 2001.
Alie's Brother Pointed To Nicholas Stofer
Stofer once lived in the Englewood apartment complex where Alie lived with her mother and two brothers. He had been there for three weeks prior to the abduction and abruptly moved to California just five days after Alie’s abduction and murder.
Alie was last seen eating pizza in the courtyard of the apartment complex. She was with her two brothers and three neighborhood children when the neighbor who was watching them briefly stepped into her apartment to put away dishes. When she returned Alie was gone.
After Alie was reported missing, officers conducted a door to door canvas of the apartment complex, and officers checked out parks, businesses, creeks, ditches, parked vehicles and nearby buildings. More than 100 police officers, firefighters and volunteers covered more than 400 square blocks.
Time was critical because Alie needed asthma medication four times a day.
All the tenants were interviewed. Family members, friends and acquaintances were interviewed and re-interviewed.
During the investigation, Alie’s 3-year-old brother told police “the old man” took Alie. The 3-year-old then walked to the door of apartment where Stofer had lived (he had just moved out) and indicated it was the apartment of the “old man,” police said.
Detectives traveled to Redlands, Calif. to take blood samples and hair samples from Stofer. However, DNA testing did not exist at that time.


Nicholas Stofer died in October 2001.

As advancements in technology emerged, evidence gathered in the case has been re-submitted for additional testing and comparison, police said.
Over time, the Colorado Bureau of Investigation has been able to deal with samples that are smaller and smaller and less and less pristine, officials said.
On Feb. 8, 2011, several items of evidence were submitted to the CBI for new DNA testing.
A CBI agent developed a complete DNA profile from an area of Alie’s underwear and from the waistband of her underwear. That DNA profile matched the DNA profile of Stofer.
"When this happened, we needed quite a bit more sample than we currently need and the DNA needed to be in a little more pristine condition," said Katy Fetherston, the Agent in Charge of the Biological Science Section for the Colorado Bureau of Investigation. "With the advancements of DNA technology, we are able to look at items of evidence that we've never been able to look at before."
"We had to wait 18 years for forensic science to catch up to the evidence we had on hand," said Englewood police Chief John Collins, announcing the end to the Berrelez case on Tuesday. "It was unequivocally his DNA in her underwear and it had no business being there."
"Our case will be closed knowing that Nicholas Stofer was the individual that caused the disappearance and death of Alie Berrelez," Collins said.
"This was the most extensive criminal investigation that the Englewood Police Department has ever had to manage," Collins said. He was an investigator on the case when Alie disappeared.
Lot of Circumstantial Evidence At Time Pointed To Nicholas Stofer
Detectives learned during the investigation that as a teenager Stofer frequently partied in Deer Creek Canyon. A friend who helped Stofer move into the Englewood apartment where he lived said that Stofer had in his possession a green military style canvas bag similar to the one Alie was found in. Stofer denied ever having such a bag.
Stofer was a welder, and police said they found metal shavings in the duffel bag in which Alie's body was found.
Stofer had also once expressed a fantasy about abducting a small girl, police said.
Carpet fiber found on Alie’s blouse matched the carpet in Stofer's apartment and did not match any other carpet in the apartment complex, police said.
Over the years, the investigation into Alie’s abduction and murder continued. Stofer remained a person of interest and a suspect but police could not arrest him because there wasn't enough evidence.
Early in the investigation, Englewood police extradited Stofer from San Diego in a drunken-driving case in 1994.
Police sought murder charges against Stofer, but Arapahoe County prosecutors concluded that there wasn't enough evidence to proceed.
"We wanted to put the cuffs on him so bad, but we just couldn't do it because the evidence wasn't there," Collins said.
Stofer's lawyer has steadfastly asserted his client's innocence.
On Oct 7, 2001, Stofer was found dead inside his Phoenix apartment. He had been involved in drugs and alcohol and that was likely a factor in his death, police said. Police were called to Stofer's home on a welfare check after his family had not heard from him in some time. When Stofer's body was discovered, he had been dead for two days.
After his death Englewood police said they asked officers in Arizona to go through Stofer's belongings. Police said nothing was found that referred to Alie.
Stofer Had Told 7NEWS He Was Innocent
During an interview with 7NEWS in 1994, Stofer said, “I’ve seen kids out there. I’ve never paid attention to them.”
Stofer claimed that just before Alie disappeared, he was talking to a neighbor then went inside.
“I went into my apartment, laid down and watched TV and dozed off,” he said.
He said he was a bit perturbed that police had seized so much of his stuff.
"They're sitting on quite a bit of my stuff and it's aggravating ... Clothing, welding equipment," Stofer said. "They find it kind of funny that I was the only one in the apartments being a welder and what I have to say to that. I say, 'Well how many guys in Colorado alone are welders that might have been in the service? I mean what does that prove?'"
Alie's Grandfather Mad He Can't Confront Suspect
"It's been a long time -- 18 years -- but it seems like one long day," said Richard Berrelez, Alie's grandfather. "Sometimes it feels like we haven't had Alie for one long day."
Berrelez said he suspected Stofer all along, but once he found out that Stofer died in 2001, he wished it would have been another suspect.
"I wanted it to be someone else that I could confront him and talk to him," Berrelez said.
"All we could do is guess about how it happened and why it happened, and what happened when she was missing. I want to know why he would do such a thing," Berrelez said.
"I wish (Stofer) was alive so I could ask him what happened. I wish he was alive so he could have been tried and found guilty. I wish he was alive so that he could have been sentenced to life or the death penalty," Berrelez said.
"Nick Stofer is no longer alive, but I am sure there is judgment, punishment, where he went," Berrelez said. "I know that God is taking care of business and God has him. I hope that he is being punished and I hope that he is suffering, he is paying for what he did."
Berrelez wanted to direct his attention now to the ALIE Foundation, which provides purebred bloodhounds to police and sheriff's departments to help them in missing and abducted children cases.
To date, the Foundation has donated roughly 450 dogs.
"Alie's not a victim. I don't want to think of her as a victim. I don't want other people to think of her as a victim. She's been a hero. She's been a hero for the last 18 years," Berrelez said.
One of those bloodhounds saved the life of a young girl who was lost in a blizzard in 1994.
"Alie's legacy does not end here today. For our family, Alie's case does not end," Berrelez said.
He warned parents to keep an eye on their children, saying that sometimes the people who do bad things could be our friend, could be our neighbor, or could be a stranger.
"Keep an eye on your children," Berrelez said.
When Alie disappeared, family and friends searched door to door in the neighborhood, but it was a police bloodhound named Yogi that tracked Alie's scent from the apartment complex 14 miles to the canyon. Berrelez's body was found yards away from where Yogi had stopped.
Yogi tracked the scent from courtyard on West Grand Avenue, south on Broadway to C470, C470 to South Wadsworth, South Wadsworth to Deer Creek Canyon Road. After 14 miles, Yogi’s track was halted because he was exhausted, police said.
On May 22, a canvas bag found in ravine was found yards away from where Yogi’s track halted the day before.
The day after Berrelez's body was found, Yogi returned to Deer Creek Canyon and traced the scent back to a neighborhood apartment in the Englewood complex where Berrelez had lived, leading police to believe that a neighbor committed the crime, according to the ALIE Foundation website.
Previous Stories:
• September 12, 2011: Police To Name Suspect In Alie Berrelez Case
• December 26, 2008: Walsh Murder Case Resolution Gives Hope To Local Family
• November 25, 2005: Volunteers Go Door-To-Door In Search Of Missing Girl


Posted by: Larry MacPhale | Feb 12, 2014 12:56:08 PM

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