Douglas County Drops charges against Rozita

I don't know how you can "drop" a charge that a person has already plead guilty to, but according to the Colorado Springs Gazette, Rozita isn't going to face the music in Castle Rock:

The Gazette - "As part of the plea, authorities in Douglas County have also agreed to drop charges stemming from a similar false reporting incident in 2005, (DDA Frederick Stein) said."

Mr. Stein also characterized the verdict as "fair." What's he going to do, say he was taken out back, had his arm ripped off and he was beaten nearly to death with it? It's one of those "Too Heavy, Too Light" questions.

There are a number of errors in the article, not the least of which is Rozita's age (she's 35 now) and her middle name is misspelled. She snuck in through a side entrance after El Paso county lied and stated her case had been "called off" that day.

"Swinton was barely audible in the courtroom as she said a few words during the 30-minute hearing to indicate that she knew she was waiving her right to a trial."

Her attorney had the audacity to suggest that she did a good thing:

" 'I believe the phone call in Texas resulted in the prosecution of some people who were sexually assaulting young women,' Foley said. 'If anyone felt that Ms. Swinton was involved in that, that’s a good thing.' "

He's portraying his client as a heroine, and daring anyone to sentence her to anything, and perhaps reminding Texas that he may know something.

I was apparently wrong about her employment status, though she has hobnobbed about the country a bit over the last year and a half, she still works it would seem, for State Farm Insurance.

"Foley said the case took longer than most misdemeanor cases because of his client’s medical issues. She was evaluated by doctors in advance of the plea and prosecutors had their own experts review those reports.

Foley described his client as 'a real sweetheart' who has held a job with an insurance company for the last 10 years. He said she declined comment on the case."

And she is to stay in Colorado:

"(Rozita) is not allowed to leave Colorado without the court’s permission."

An attempted murder, that's one way of looking at it, attempted murders actually, over about 500-600 people at YFZ, had it ended similarly to Waco. A real sweetheart alright.

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Dirty Deals Done Dirt Cheap - Rozita Swinton Pleads Guilty (UPDATE, will apparently serve no time)

The trial day shift was a technical matter, or a ruse, in any case, she has pled guilty. It also appears from the AP story on the subject, that everything is linked to Texas dropping any interest in charging Rozita:

Deputy District Attorney Frederick Stein, El Paso County Colorado - "Ms Swinton entered a guilty plea which was just completed 10 minutes ago. She plead guilty to a charge of false reporting to authorities and received a 2 year deferred sentence with several conditions."

This is also being reported by KRDO:

COLORADO SPRINGS - "35-year-old Rozita Swinton avoided trial by pleading guilty on a charge of false reporting (today).

Swinton made multiple fake calls to police in Colorado and Texas. She was accused of making a phone call to police in February of 2008, claiming she was a girl named Jennifer and was hurt and trapped in a basement. Police went door-to-door searching homes for hours, looking for the girl. The call turned out to be a hoax.

The judge deferred sentencing for 2 years, but he is still requiring her to serve 45 days in jail.

Police turned their focus to Swinton, when Texas Rangers traced a call to her, following the raid of a polygamist compound in April of 2009. In that case, a girl named Sarah told a social worker she was trying to escape the religious sect. Swinton has not been charged in that case."

I have contacted Douglas County to see how this affects her deferred sentencing agreement there. It may be that in delaying Rozita's trial as long as it has been delayed, that Douglas County no longer cares. I'm not sure how those sorts of things work, but hypothetically if her "deferred sentencing" in Douglas County stated "Don't Get Into Trouble" for 4 years, and those 4 years were up, she could then become convicted in El Paso County, and keep her Douglas County deferred sentencing agreement intact. The story errs in assigning the date of "April 2009" to the raid, which occurred in April of 2008.

It turns out that Rozita may not even go to jail, despite what it says above:

KKTV - The attorney for Rozita Swinton entered the plea on her behalf (this) morning to false reporting charges. In February 2008, Swinton started calling Colorado Springs police, telling them she was a 16-year-old girl trapped in a basement. The calls triggered a massive and frantic search in the northeast side of the city. Swinton allegedly also made calls to TESSA, a local group that helps domestic violence victims.

- Swinton was handed a 24-month deferred sentence. She received 45 days jail time but the judge gave her credit for time previously served in treatment.

Also it would seem that she did not even show up.

The Associated Press had this take on the story:

COLORADO SPRINGS, Colo. (AP) -- "(David Foley), attorney for (Rozita Swinton) says Texas authorities don't believe she had any 'criminal involvement' in telephone calls that triggered a raid on a Texas polygamist group.

Rozita Swinton of Colorado Springs was once considered a 'person of interest' in connection with calls to a hot line alleging abuse at the polygamist compound in Texas.

(According to her attorney), she won't face charges in that case. A spokesman for the Texas attorney general didn't immediately return a call.

In an unrelated case, Swinton pleaded guilty in Colorado Springs today to misdemeanor false reporting. The judge ordered her to get medical treatment but did not specify her condition."

It appears that we were just waiting for the Dirty Deal in Texas to be done.

What happens to the evidence that Texas took? Rozita's computer and cell phones?

I have been roundly ridiculed for connecting the cases, but it now seems that Texas has been talking to David Foley on Rozita's behalf. This is so dirty.

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Called Off (UPDATED) Rescheduled for FRIDAY (the 15th and then back to today)

She plead guilty. no word on if it was just another delay, plea deal or outright dismissal.

Up until yesterday afternoon, El Paso county was saying the trial would be today at 9am MST (one hour from the time of this posting).
CallOffs for Wednesday January 13, 2010

CaseNumber	AppearanceDate	DefLastName	DefFirstName	Division
C021 2009M 007121	1/13/2010	Donovan	William	B
C021 2009M 007122	1/13/2010	Donovan	William	B
C021 2007T 014782	1/13/2010	Hill	Jeremy	B
C021 2009T 010055	1/13/2010	Hill	Jeremey	B
C021 2009M 005177	1/13/2010	Hill	Jermey	B
C021 2009M 005956	1/13/2010	Medina	Loretta	B
C021 2009M 003671	1/13/2010	Waller	Travis	B
C021 2008M 002726	1/13/2010	Swinton	Rozita	C

Sometime late yesterday or yesterday evening, the "Call off" appeared on the El Paso county "Call Off" list for January 13th. At the moment of this posting, that would be a "tomorrow" list, though that will change to "today" sometime later this morning.

You have to remember, she was caught, by the POLICE, RED HANDED. The documents in that trial, of this "friend of CSPD" were sealed then.

UPDATE - See above, she plead guilty. All blog reports were accurate representations of what was from the El Paso county website, and also confirmed by phone calls. It appears Frederick Stein and David Foley colluded a bit to throw off potential spectators and media coverage.

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It's a MIRACLE!! Rozita's "Pre Trial" conference actually TOOK PLACE, Trial Tomorrow

According to El Paso County, Rozita's court dates are now actually taking place.

Trial is set for tomorrow. A warning to anyone who is trying to attend that trial. The Judge is Daniel Scott Wilson, write that down. The courtroom is "Room C." I am told there is construction going on over there and they may move the trial to another room. If you're planning to attend, show early, ask questions, have the judge's name.

Representing the State (last time I checked) is Deputy District Attorney Frederick Stein. Representing Ms. Swinton, "Exclusively CRIMINAL" Defense attorney David Foley.

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If you were thinking of showing up at Rozita's pre-trial conference tomorrow, don't.

At the last minute it has been moved from 9am tomorrow:

Frederick Stein/El Paso County District Attorney's office - "The pre-trial readiness date has been moved to Jan 11th at 9:00 am at the request of the defense and the prosecution. The trial date on Jan 13th remains the same." 4:14 MST.

I really don't think they want anyone showing up. Who knows, maybe they'll move it back now, at the last second. It's not on the "Call off" list for El Paso county and wasn't the last time either.

Once again, there is every evidence to suggest this is the oldest misdemeanor case in El Paso County that is being actively pursued. This means it's also approaching the record for "most delayed" as well.

There's only one question in both instances really.

Why?

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Age and El Paso County Misdemeanor Prosecutions

I have made the claim that El Paso County is pursuing very few if any older cases than that of Rozita Swinton.

In recent months I can recall no cases where there were any 2008M classified cases on the "Call off" list of the 4th Judicial District.

Traffic cases are designated "T" and criminal cases are designated "CR" preceded by the year of the charge being filed. Traffic and criminal cases do not count.

CallOffs for Monday November 16, 2009

CaseNumber	AppearanceDate	DefLastName	DefFirstName	Division
D021 2009CR 004154	11/16/2009	Contreras-portillo	Facundo	02
D021 2009CR 003542	11/16/2009	Espinoza	Richard	02
D021 2009CR 000453	11/16/2009	Cisneros	Jeff	09
D021 2008CR 005196	11/16/2009	Dixon	Patrick	09
D021 2009CR 000318	11/16/2009	Graff	Brett	09
D021 2008CR 005072	11/16/2009	Mitchell	James	09
D021 2009CR 000784	11/16/2009	Nelson	Warren	09
D021 2009CR 000899	11/16/2009	Battle	Michael	10
D021 2009CR 001792	11/16/2009	Brown	Shenequa	10
D021 2009CR 000438	11/16/2009	Dingman	Bryan	10
D021 2008CR 002519	11/16/2009	Tullis	Wayne	10
D021 2009CR 001338	11/16/2009	Vaughn	Scott	10
D021 2009CR 001438	11/16/2009	Willson	Becky	10
D021 2009CR 001802	11/16/2009	Yeagley	Donald	10
D021 2009CR 001470	11/16/2009	Framel	John	15
D021 2009CR 002165	11/16/2009	Ghostbird	Annjeanette	15
D021 2009CR 000910	11/16/2009	Griffin	Christopher	15
D021 2009CR 001020	11/16/2009	Griffin	Christopher	15
D021 2008CR 003998	11/16/2009	Delgado	Thomas	16
D021 2009CR 001706	11/16/2009	Erickson	David	16
D 2009CR 002663	11/16/2009	Nelson	Jonathon	16
D021 2009CR 001663	11/16/2009	Nelson	Jonathon	16
D021 2009CR 003114	11/16/2009	Barkley	Terrance	19
D021 2009CR 001602	11/16/2009	Chisenhall	Betty	19
D021 2009CR 002077	11/16/2009	Maron	Astra	19
D021 2009CR 002052	11/16/2009	Nixon	Demetrius	19
C021 2009M 006938	11/16/2009	Campbell	Derick	A
C021 2009M 006940	11/16/2009	Edwards	Jason	A
C021 2009M 006946	11/16/2009	Helms	Charles	A
C021 2009M 006948	11/16/2009	Jenkins	Blaine	A
C021 2009M 006950	11/16/2009	Martinez	Georgia	A
C021 2009M 006956	11/16/2009	Newell	Byron	A
C021 2009M 003433	11/16/2009	Syndes	Oui	A
C021 2009M 004284	11/16/2009	Aripez	Joshua	B
C021 2009T 007545	11/16/2009	Franco	Samantha	B
C 2009T 009670	11/16/2009	Gossett	Leigh	B
C021 2009T 008830	11/16/2009	Jackson	William	B
C021 2009T 008168	11/16/2009	Jackson	William	B
C021 2009T 005701	11/16/2009	Jackson	William	B
C021 2009T 003445	11/16/2009	Ord	Donald	B
C021 2009M 004509	11/16/2009	Music	Sharri	D
C021 2009T 012789	11/16/2009	Alvarado-villareal	Luis	E
C021 2009T 008769	11/16/2009	Batton	Jamie	E
C021 2008M 003493	11/16/2009	Dockery	Edward	E
C021 2009M 005606	11/16/2009	Ebert	Chad	E
C021 2009M 002132	11/16/2009	Howell	Jason	E
C021 2009T 008725	11/16/2009	Mccormick	Kirk	E
C021 2009T 012740	11/16/2009	Mcdaniel	John	E
C021 2009M 004320	11/16/2009	Smith	Dillon	E
C021 2009T 006245	11/16/2009	Sylvester	Sherri	E
C021 2008M 009851	11/16/2009	Thomas	Kelvin	E
C021 2008M 008283	11/16/2009	Wicks	Sidney	E

As you can see here, after several conversations with El Paso county, there are now some misdemeanors that do show up as "Call offs." If a case is set for trial, as it must periodically be, to retain eligibility for prosecution, it is either tried, or called off and reset for prosecution at a later date. This must be done with the concurrence of the defense.

The above highlighted cases in red bold type, confirm the existence of misdemeanor cases as El Paso county contends, from 2008. Sometimes you wonder if you stirred the pot a little and if it affected what is being listed at the 4th Judicial districts site, nevertheless, there they are.

Rozita's case is C021 2008M 002726. As I understand the case numbers, they are assigned sequentially. The last 6 digits are the case number, which makes provision for about a million cases in El Paso county. I'm sure they don't reach that number.

Rozita's case is 2726, meaning there were 2725 cases before her. I assume most to be traffic tickets and other citations. Since it is assumed that she was charged in 2008 at the beginning of March or end of February 2008 for her hi-jinks in Colorado Springs, it means there are roughly 1000-1500 cases a month that are processed. The remaining cases showing up in the 7 day call off list for the 4th Judicial district are numbered 3493, 8283 & 9851. 3493 was charged, I would assume, approximately 2-4 weeks Rozita's was charged.

This still leaves her as the "oldest misdemeanor case" being "pursued" in El Paso county by all available evidence. This is not to say tomorrow another case might show up and blow her out of the saddle as reigning procrastinated prosecution, but she's firmly in the lead.

El Paso county for it's part blusters that it has "many" misdemeanor cases from 2008 that it is still pursuing, but mumbled in process of that declaration the word "traffic." Those would be 2008T cases, not 2008M. All the 2008M or prior cases called off for the next 7 days, appeared on TODAY's "call off" list.

(Case shown in bold green is the newest numerical prosecution, 12789. This would mean through about 10 months around 1300 or so cases are started in El Paso county's 4th Judicial district. It is a traffic violation.)

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Walther Juggernaut Rolls On, Keate trial on December 7th.

One of the most complex series of prosecutions in US History continues with Allen Keate being tried on Pearl Harbor Day this year.

The San Angelo Standard-Times - "Authorities decided Thursday afternoon to hold the jury trial in Eldorado, according to district clerk administrators.

District Clerk Peggy Williams said she plans to send out 300 notices today. Jurors will be pulled from voter registration rolls and driver’s license records.

Allen Keate will be tried Dec. 7 on a charge of sexual abuse of a child, a second-degree felony that carries a punishment of two to 20 years in prison and a fine up to $10,000."

Meanwhile back in Colorado, an open and shut prosecution of a misdemeanor continues to confound the DA's office, and they refuse to comment on even the most elementary aspects of the case, such as whether or not there are any older misdemeanors they are still pursuing. Allen's case, like Raymond's, will be assembled, brought to trial and finished before El Paso County can get around to prosecuting a simple prank phone call that tied of almost all of CSPD for the duration about two years ago.

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El Paso County Responds, Rozita to be tried NEXT YEAR.

I called, and I emailed Frederick Stein, Senior Deputy District Attorney for El Paso County Colorado.

This is my letter, to him:

"Mr. Stein,

I have several questions with regard to the Rozita Swinton case, that continues to be delayed. From where I stand this seems to be the oldest misdemeanor case in El Paso county, at this time.

Are you aware of the recently concluded CSPD IA investigation regarding Lt. Magdalena Santos and her well known (around CSPD) association with the defendant?

Are you aware of a statement made by Becky Hoerth, Rozita's former roommate in which she states that Lt. Magdalena Santos (980D) and Lt, Jane Anderson have interfered in a case or cases involving Rozita before, in her favor? This 50 page statement appears to have been generated in the first half of 2008, probably in April.

Are you aware of Rozita being used as "voice talent" for CSPD/CBI (and possibly FBI) internet sex sting operations that drew in suspects from across the Western United States? CSPD in conjunction with a task force was using phone contacts with leads picked up on the internet in which adults successfully portrayed themselves as little girls, to lure in predator suspects.

All of this looks terribly suspicious in view of the fact that the defendant sparked the largest child custody case in US history last year and in view of the fact that her attorney, former El Paso county prosecutor David Foley rather loudly stated he had "surprises" regarding the case in April of last year, a week after Rozita's arrest.

Can you let me know what is going on with this case and when it will next be on the court's calender?

Hugh McBryde
Modern Pharisee Blogspot."

This is his reply:

"Mr. McBride [sic],



The next court dates for Rozita Swinton’s case are Jan 6, 2010 for pre-trial readiness and Jan 13, 2010 for JT. Because this is a open case which is currently being prosecuted by the 4th Judicial District Attorney’s Office, I am unable to answer any further questions about this case.



Frederick Stein

Senior Deputy District Attorney

4th Judicial District Attorney's Office

719-520-6191

frederickstein@elpasoco.com "

I of course, told you it would be delayed, again.

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