|
|
||
|
|
||
| Home Facts Case Updates Press Coverage Links Contact Us |
Case Updates & Other News
Lisl Released from Tooley Hall
The wheels of justice turn slow, but at least they turned in the right direction for Lisl Auman. It has been almost five years since many of us gathered at the Colorado State Capitol where Warren Zevon played 'Lawyers, Guns and Money' and Hunter Thompson, Gerry Goldstein, Doug Brinkley, Dottie Lamm and many others marched out onto the West Steps to call for Lisl's release. It was a long shot at the time, but it worked. We forced a remand from the Supreme Court back to Denver District Court and then a plea bargain that lead to a halfway house and now freedom. Eight years later she is almost a free woman. I say almost because she will still be closely monitored for the next eight years--still better than life in prison without parole. Hal Haddon mentioned to me that this never would have happened without our efforts. I believe that getting Lisl Auman out of jail is the most substantative achievement of Hunter's life. This was real action that galvanized a national campaign to literally save an innocent woman's life. The Free Lisl campaign took his written words off the page and made them come alive with purpose and meaning. I think he is smiling somewhere about now, dragging on a Dunhill and thinking, 'Hot damm, I knew we would prevail.' In the Vanity Fair article by Hunter and Mark Seal, Hunter wrote, "One of the most valuable things I have learned in my life is that you can beat city hall, but I have also learned that you cannot do it alone. 'We' is the most powerful word in politics. Today it's Lisl Auman, but tomorrow it could be you, me, us." Thanks to all of those who argued the case, wrote the briefs, made the phone calls, wrote the stories, showed up at the capitol and everything in between. Lisl is free now because of you. Here are the news clips from the last two days.
Auman released from halfway house
Lisl Released to Community Corrections
Lisl was released from Denver County Jail to the custody to Community Corrections October 17, 2005. She stepped with confidence from her final holding cell in Denver County Jail and into street clothes and a new life. This is a major, step in Lisl's struggle for freedom. The court ruling that released her to Tooley Hall in the Denver's Community Corrections program will allow her to soon venture out and look for work and pursue other ambitions that, up until now, she has only been able to dream about. Lisl will reside at Tooley Hall for approximately six months before being released to live her life completely free of incarceration. We are certain that this outcome would not have occurred if not for your unrelenting determination and support of the many the people in the Colorado and around the world who investigated this case for themselves and joined your movement to overturn this unjust conviction. A special thanks goes out to all of you from Lisl. She couldn't have done it without your strength, your courage and your hope. She counts her blessings daily. Thank you for doing for her what she could have never done alone. Back to Top
Judge's Decree Will Soon Free Lisl!
During Monday's court session Lisl was sentenced, as expected, to serve the remainder of her sentence in Community Corrections. The court appearance was hopefully the last one that she will ever have to attend. According court filings signed both Lisl and Denver DA's prosecutors, in addition to "2nd degree burglary," Lisl pleaded guilty to the "accessory to crime" statute, a class 4 felony, based on her acts after the other person has committed a class 1 or 2 felony. The class 1 felony the State alleges was committed by Jaehnig is "first degree murder"-- the crime does not require that Lisl help Jaehnig commit first degree murder; rather, it requires that Jaehnig commit murder and that Lisl "render assistance" (in this case, have lied to police about who Jaehnig was) to him AFTER he had already committed the crime. Lisl was grateful that she was finally able to address the court and reflect on her involvement in this case. She took advantage of the opportunity to commend Anna VanderJagt for her courage in consenting to the plea agreement that her attorneys had skillfully negotiated. She expressed her long held sympathy to Anna and, especially Haley, Bruce and Anna's daughter. Lisl added that she hopes that this will help begin the difficult process of healing for everyone involved. Lisl's family also continues to extend their heartfelt empathy to Anna and Haley VanderJagt, for only they can know the trauma of their ordeal. Lisl and her family would also like to thank you, Lisl's believers and supporters, for all of your encouragement and patience throughout this journey. Without you, who knows where Lisl would be today? Kathleen Lord, Lisl's appellate attorney, and Susan Fisch and Dru Nielsen of the Colorado Public Defender's Office who negotiated Lisl's plea agreement deserve more credit than we can mention here. Their work, with support from Lisl's previous trial attorneys and the NACDL, created a strong case for acquittal which no doubt leveraged the plea negotiations. These recent developments are the result of many years of Lisl's family, supporters and legal team effectively illuminating the facts of her case and exposing many deceptive claims brought forth by prosecutors before, during and after her 1998 trial and conviction Lisl will soon be transferred to Community Corrections, in essence, a half-way house, where she will be required to reside for about six months, and after that, she will need to check in regularly with administrators for about 8 years or so. Even with the stipulations, we consider this to be a gift of freedom as Lisl will very soon be out in the public working and enjoying life and will no longer be incarcerated in jail or prison. Back to TopCommunity Corrections Board Accepts Lisl's Deal -
Sentencing is Scheduled for Monday, August 22, 2005 at 8:15 a.m.
The Denver Community Corrections Board approved Lisl Auman's request for a move to the Woman's Community Corrections facility, and facility administrators, right after their approval, also voted to accept Lisl's admittance to Tooley Hall. These are the final hurdles before Lisl is formally sentenced by Denver District Judge Christine Habas in what should be Lisl's last court appearance associated with this case. That court session is scheduled to take place Monday, August 22, 2005 at 8:15 a.m. in Denver District Courtroom 16. Some Community Correction's Board members stated that their vote was influenced by a letter from Officer Bruce VanderJagt's widow Anna VanderJagt recommending approval of the plea arrangement. Area news reported that her letter stated, "Those events put into motion by Auman caused the tragic death of my husband. Nearly eight years after the fact, Auman seems to take some responsibility for this murder when she recently pleaded guilty to burglary and accessory to murder. I understand how and why the disposition and sentence concessions were reached. Therefore, I am urging the Denver Community Corrections Board to approve Lisl Auman's application." Lisl and her family want to extend our gratefulness to Anna VanderJagt for her courage in giving her consent to all parties to begin to heal from the tragic events that took place on November 12, 1997 when Anna VanderJagt's husband and their daughter Haley's father was so sadly and suddenly taken away from them. Back to TopPLEA AGREEMENT REACHED FOR LISL AUMAN DENVER-A decision was announced today that an agreement in the controversial "felony murder" case of Lisl Auman has been reached that will result in a transition to freedom for Lisl. This allows all parties to avoid another distressing trial. Lisl will plead guilty to accessory to a crime- after the fact and second degree burglary in an agreement that will soon result in her being released from incarceration in the Colorado Department of Corrections to the Community Corrections program in Denver. Lisl Auman made a statement today through her attorney, Susan Fisch: I realize how emotionally painful and difficult a trial can be. As a result, I feel as though accepting this plea agreement is an opportunity to alleviate any further pain for the VanderJagt family, my family, the community and myself. This plea agreement gives me the opportunity to pursue the goals and dreams that I have only been able to think about for the last eight years as well as give back to the community in a way that I could not do from prison. I am very thankful to my family, my friends and all of the people who have supported and encouraged me for the last eight years. "Lisl and her family continue to extend their deepest sympathy to the VanderJagt family and they hope that this agreement helps bring to an end this terrible situation," said Lisl's father, Don Auman." "Lisl wants to extend her sincere gratitude for your encouragement, patience and hope throughout this ordeal," said Lisl's mother, Colleen Auerbach. "The news of Lisl's impending release is a good closure to this young women's long ordeal," said Gerald Goldstein, the former head of the National Association of Criminal Defense Attorneys. "More importantly, it may serve as a signal that the use of draconian punishments such as life without parole, for crimes they neither intended nor desired, is something that society should no longer tolerate. I am proud the NACDL was able to play a role in obtaining this just result." Lisl and her family especially thank Kathleen Lord, Lisl's appellate attorney, and Susan Fisch and Dru Nielsen of the Colorado Public Defender's Office who worked tirelessly to put this agreement together and they are thankful that justice, in the end, has finally entered in to this legal process. Back to TopJudge refuses bail for Lisl Auman Denver District Judge Christine Habas refused to set bail Tuesday for Lisl Auman saying that said she was sticking by the previous ruling by Judge Nancy Rice from the 1998 trial that prosecutors had enough evidence to require that Auman be held without bail until her trial. Lisl's attorney, Kathleen Lord, of the Public Defenders office argued, "When you look at the evidence of burglary at the preliminary hearing, it was scant at best," Lord argued that "There's nothing more critical to Ms. Auman at this point in facing the allegations by the state than her ability to face them while not incarcerated." She also argued that the Judge should re-examine the evidence because a state Supreme Court decision in March overturning Auman's conviction changed the circumstances of the case. The updated court schedule is:
Monday, July 11, 2005 - 1:30 p.m. If you plan on attending, it would be best to confirm the above dates and times with the Court. Please be sure to check back here for additional information as it becomes available. Back to TopTrial Dates Are Set Lisl Auman today returned to the same Denver District Courtroom 16 where she was convicted 7- ½ years ago of crimes she did not commit. By a broad margin of 4 to 1, the Colorado Supreme Court on the March 28, 2005 overturned Lisl's convictions for second degree burglary and felony murder. The Court ruled that the burglary directions presented to the jury were faulty because the instructions did not include the required 'intent' to commit theft and therefore the felony murder conviction was also ruled invalid. Public Defenders Susan Fisch and Dru Nielsen representing Lisl appeared before Denver District Court Judge Christina Habas to set the schedule for Lisl's upcoming trial and were also granted a request for a date for a bond hearing to seek Lisl's release on bond pending the trial. If bond is granted, Lisl would be freed from incarceration for the first time since November 12, 1997. Chief Prosecutor Henry Cooper and Deputy District Attorney Timothy Twining, will once again be prosecuting the case for the Denver District Attorney. The Honorable Judge Nancy Rice, the original presiding Judge, was appointed to the Colorado Supreme Court by then Governor Roy Romer two weeks after Lisl's 1998 conviction. The Honorable Judge Christina Habas is now the presiding Judge for Courtroom 16. The following dates were set by Judge Habas: June 21 - 1:30 p.m. - Bond hearing for defense request for bond. If you plan on attending, it would be best to confirm the above dates and times with the Court. Please be sure to check back here for additional information as it becomes available. Back to TopPetition for Rehearing Denied The Colorado Supreme Court has rejected prosecutor's requests for a rehearing in the case of Lisl Auman, who won a reprieve from the same court three weeks ago. Justices today refused without comment to reconsider their rulings in her case. Back to TopJUDGMENT REVERSED The Colorado Supreme Court reversed Lisl Auman's conviction for second degree burglary, and in turn, her felony murder conviction. This is what Lisl's supporters have been hoping for and it is a major step along the path to having Lisl's role clarified. We want to express thanks to Lisl's supporters. We are so grateful for your support throughout the past seven years. We earnestly thank Kathleen Lord of the Colorado State Public Defender's Office who argued Lisl's case before the Colorado Supreme Court and also amicus attorneys Norm Mueller and Rachel Bellis for all of their diligent work in the appellate process. However, today's ruling does not detract from the tragedy of the death of Officer Bruce VanderJagt. We continue to hope and pray for the best for Officer VanderJagt's family as they continue to cope with their loss. - The Auman and Auerbach Families We have provided the abstract and links to today's complete ruling here: SUPREME COURT, STATE OF COLORADOBack to Top Colorado Supreme Court to Rule on Lisl's Case Monday March 28 The Colorado Supreme Court will publish a decision on Lisl's appeal on Monday March 28th. The decision will be published here and will also be published on the Colorado Supreme Court web site. Thanks to our many supporters during this lengthy review process. Back to TopHunter S. Thompson - Our dear friend is no longer with us As you know, Lisl's dear friend and most vociferous supporter, Hunter S. Thompson, ended his own life on Sunday, February 20, 2005. Although he is no longer with Lisl and her family to challenge the wrongs of this unjust conviction, he remains with us in spirit and always will. The Thompson family remains united with Hunter's crusade for justice and Lisl and her family has been blessed with their determined support. Our thoughts continue to be with his wife Anita, and Juan and Jennifer and Will and our deepest sympathy is with them at the loss of Hunter. - Don and Jeannette Auman and Rob and Colleen Auerbach Back to Top"Was the Jury properly instructed?" On September 13, 2004 the Colorado Supreme Court once again heard oral arguments in the case of Lisl Auman. This time, however, they narrowed their focus to the simple question of "Was the jury properly instructed on the elements of felony murder as they relate to immediate flight?" Kathleen Lord, the attorney for Lisl Auman, argued that the jury had utterly no instruction as to what constitutes immediate flight. In earlier oral arguments this year, Kathleen Lord argued that being confined in the back of a police car for several minutes certainly ends immediate flight, and that there has never been another case in Colorado where a suspect was similarly charged under those circumstances. Assistant Colorado Attorney General Paul Koehler's stance has been that no instruction was necessary because immediate flight, as it relates to felony murder, can be as far removed as several years after and thousands of miles away from the crime scene, even saying that Lisl Auman could have been on the Mir Space Station and still be considered in immediate flight. Auman's attorney used his statements as an example of how confusing and contrasting the definition can be between legal people, so therefore it surely was extra difficult for jurors to determine. Back to TopLisl Auman Case Update The Colorado Supreme Court has ordered a new round of oral arguments in Lisl's case. - "Was the Jury properly instructed?" The Court has asked for and received a supplemental brief on the question of whether the jury was properly instructed on the elements of felony murder as they relate to immediate flight. At this time, all replies have also been submitted. Lisl's defense will now be preparing for the new oral arguments to take place: 9:00 a.m. Colorado Supreme Court Once the new oral arguments have been heard on September 13th it may
take up to three months, or possibly longer, for the Colorado Supreme
Court to issue it's written ruling on the final disposition of Lisl's
case. Nothing will be decided on the day of the oral arguments. RECENT DEVELOPMENTS FUEL HOPE IN LISL AUMAN CASE DENVER-In a rare move, the Colorado Supreme Court requested an additional briefing last week from Kathleen Lord, the attorney for Lisl Auman. The court has asked for a supplemental brief on whether the jury was properly instructed on the elements of felony murder as they relate to immediate flight. "We are keeping our fingers crossed," said Norm Mueller of the firm Haddon, Morgan, Mueller, Jordon, Mackey and Foreman who authored the Amicus Brief filed with the Supreme Court on behalf of the National Association of Criminal Defense Lawyers. "It is extremely rare for the court to request such a briefing sua sponte on a new issue. Anything can still happen, of course, but the court's request offers a second way to obtain a reversal of the felony murder conviction-and that is better than no request at all." Attorneys for Lisl Auman have 30 days to file the supplemental brief. The Attorney General has 20 days to file an answer brief and then the defense has 10 days to file a reply. This means there will be no decision until after the new briefs have been filed. Vanity Fair magazine is publishing an article on the Lisl Auman case by Hunter S. Thompson and Mark Seal. The June issue will be available on newsstands nationwide on May 11, 2004. On November 12, 1997, Officer Bruce VanderJagt was shot and killed by
the skinhead and avowed white supremacist Matthaeus Jaehnig. At that time
of VanderJagt's murder, Lisl, who had just met Jaehnig that day, was sitting
handcuffed and seat belted in the back of a police cruiser. Colorado Supreme Court Appeal The oral argument for Lisl Auman's case was presented in the Colorado Supreme Court courtroom on Thursday, January 15, 2004. The Supreme Court's decision will be issued in the form of a written ruling in approximately 3 to 6 months, likely in the late spring or early summer 2004. Summary of Issue: Whether the Court of Appeals properly determined that the petitioner's arrest by police did not preclude her liability for felony murder. The oral argument lasted one hour, thirty minutes each, with the Lisl's attorney Kathleen Lord arguing on her behalf, and Assistant Colorado Attorney General Paul Koehler arguing the Denver DA's position. Lisl's defense was focused on whether Lisl's surrender and confinement ended any burglary that she might have player a role in, thus making her ineligible for the felony murder charge. There did seem to be some concern on the part of the Justices that felony murder must have some limits and that may help. The court didn't show any idea of where they stood on the law and there has been very little speculation as to what their decision might be. Because Justice Rice presided over Lisl's trial and Justice Coats worked in the Denver District Attorney's Office at the time Lisl was tried, both are recused from the hearing the appeal. Therefore, only five of the seven Colorado Supreme Court Justices will deliberate the case. Links have been provided to newspaper articles that may help explain the legal points argued. In the meantime, please keep all parties in your thoughts and prayers. Back to TopLisl Auman Case Update Colorado Supreme Court Please note that once the oral argument is presented, the Colorado Supreme Court will issue a written ruling as to the final disposition of Lisl's case. The written ruling will be issued approximately 3 - 6 months after the oral argument is heard (probably between May and August 2003). Nothing has been decided yet. Back to TopFarewell to our friend Warren Zevon
Our Friend and Rock icon Warren Zevon succumbed to cancer on September 7, 2003. Mr. Zevon was an unwavering advocate and major contributor in the campaign to Free Lisl, we all mourn the loss and our thoughts continue to be with the Zevon family. Many of you will always remember Warren as the caring soul who believed so strongly that Lisl was the victim of an inexcusable miscarriage of justice that he sacrificed his time and resources to play a major role in the Free Lisl! Press Conference and Rally held on the Colorado State Capitol steps on May 14, 2001. Hunter S. Thompson introduced Warren Zevon who opened the Rally with an acoustic rendition of his very befitting song, "Lawyers, Guns and Money." He then addressed the crowd, "...the great tragedy here is still the death of Officer Bruce VanderJagt. But you know if we get our grief and our indignation mixed up with Lisl Auman's punishment, then it's not justice anymore, it's a crime, and we'll be committing a crime. Even though Warren had not yet been diagnosed with cancer, he ended his address to the crowd by saying, "I believe in our system, and I believe in American Justice and, I was brought up to believe that I'm going to be judged too, and you know, the Book says, "Blessed are the merciful." And I tell you what, I don't want to stand before my father and hear 'What part of merciful didn't you understand? You can read more about our friend of justice and his support of the movement to Free Lisl! at MSNBC.
May you rest in Peace! Lisl Auman's Writ of Certiorari Has Been
Accepted! The Colorado Supreme Court accepted Lisl Auman's Writ for Certiorari on March 23, 2003. Lisl Auman's defense team has prevailed in this first major step of what will hopefully overturn Lisl's conviction of felony murder. The next step will be the presentation of the oral argument by Lisl's attorney. The oral arguments will likely be heard in early 2004. Please be sure to check this page for additional updates as they become available. Summary of Issue: Whether the Court of Appeals properly determined that the petitioner's arrest by police did not preclude her liability for felony murder. Please note that this does not mean that Lisl's felony murder conviction has been overturned. It only means that the Colorado Supreme Court has granted the defense's petition to the Court to examine the Court of Appeals decision in Lisl's case regarding the "in custody" issue as it relates to immediate flight. Justice Nancy E. Rice, who presided over Lisl's trial, and Justice Nathan B. Coats, who was with the Denver District Attorneys office during Lisl's court case, will not participate in the Supreme Court's review of the case. Lisl wishes to thank all of you for all of your help. Without your support, her case might have otherwise been forgotten. Please be sure to check this page for additional updates as they become
available. The Free Lisl! Press Conference and Rally 
Hundreds of supporters make the Free Lisl! Press Conference and Rally a huge success. On the day that Lisl Auman's appeal was submitted by Kathleen Lord of the Colorado Public Defender's Office and an amicus brief filed by the National Association of Criminal Defense Lawyers (NACDL), supporters demonstrated on the State Capitol steps to demand a serious review of her conviction. A transcript of the Rally is provided here to help raise public consciousness of the growing movement to free Lisl Auman of the imprisonment she has had to endure for crimes that she did not commit. TranscriptPhoto Gallery The Event Speakers were: Warren Zevon Others who provided statements to be read were: Lisl Auman Also on the stage to show their support were: Dottie LammBack to Top |
|