Episode Transcript
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Speaker 1 (00:05):
Ripped up.
Speaker 2 (00:07):
News needs who you don't have?
Speaker 1 (00:13):
Come running just as fast as we can.
Speaker 2 (00:16):
Shooter's gonna help come.
Speaker 1 (00:19):
Man is the Troubleshooter Show. No Tom Martino, Hey Tom
Martino here, Welcome to the show. Three oh three seven
one three talk is the number. The phones were locked up,
so if you tried to call and you can get in,
but you can also call three oh three Martino twenty
four to seven, three oh three six two seven eight
four six six. If you're a first time listener, it
(00:42):
would thrill me to death, by the way, because being
here for forty five years, having new listeners would be
a cool thrill. And we love you. Also. We solve problems,
we answer questions, we take complaints, We make life a
little easier. We talk about everyday life, the things that
tick you off, the things that make you tick. And
a lot happening in the consumer world always because everything
(01:04):
hits you with the economy, everything whether you're buying or selling,
or whether you're have a home service or whether you're
thinking about moving, or whether you have a car and
need service. But I mean there's our banking or finance.
Oh my god, there's just so many things, including water,
That's why I love water Pros. Never lets the customer
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(01:47):
they cost over ten thousand. Thirty one ninety five fully
installed Waterpros dot Net three zo three eight six two
five five five four. One of the favorite topics real estate.
Stephanie Thomas is with us. Stephanie is a bud from long, long,
long time bud, and she does real estate in the
Springs area. The Springs area is it pretty much? Does
(02:10):
it mirror Denver or do you see times that they're
completely different stuff?
Speaker 3 (02:15):
You know, I've always thought that the Springs market has
been it mirrors but maybe a little behind. So when
the Denver markets boom in, I feel like the Springs
takes a little bit to catch up. But lately I've
kind of heard some differences I've heard that Denver's market
is still.
Speaker 4 (02:30):
Moving pretty well.
Speaker 3 (02:32):
Colorado Springs, we're seeing pretty good days on market right
now across the board, So longer on market absolutely. I
pulled a report yesterday for a client in Colorado Springs.
In all of our active properties in Colorado Springs, we
were seeing over sixty days as an average on market.
Speaker 1 (02:46):
Oh wow, okay, what was it in its heyday?
Speaker 3 (02:50):
Oh, we would see homes going you know, few days
a day, a couple of hours you'd start getting offers.
Speaker 4 (02:55):
So typically a little negotiation.
Speaker 1 (02:57):
Timey thingks going on, supply and demand, interest rates, what
you know.
Speaker 3 (03:01):
I think we've seen a pretty good increase in inventory.
I definitely think there's some economic factors going on just
the economy as a whole, and it's an election year,
so in a traditional market, those things definitely disrupt our market,
you know, the way housing moves. Interest rates have maintained
a higher point, even though they have come down a
(03:21):
little bit. I'm pretty hopeful that we see a FED
decrease next month. They kind of indicated that that's a
possibility for us. I think if we see that, we're
going to see some positive action in the market.
Speaker 1 (03:33):
What's the sweet spot. As far as pricing, that moves
faster than others.
Speaker 3 (03:38):
You know, I would say that under our median, so
under say four fifty, we could see things moving better.
But you know, I've got one under four hundred right now.
That's thirty days plus.
Speaker 1 (03:49):
So all right, Connie is on the phone, Connie, welcome
to the No. No, I'm sorry, Connie is not. Okay,
that's why that notes there, Kevin, what's going on with you? Kevin?
What's happening?
Speaker 5 (04:00):
Hello Tom, and hello to Mark if he's out there.
Speaker 1 (04:04):
No, he and Susanne are traveling. I think for their anniversary,
their thirtieth anniversary, I believe, and that's wonderful. So anyway,
what's going on relative? I'm sure they're listening so high
and happy anniversary. I forget what day, exact day it
is they're anniversary.
Speaker 5 (04:20):
I hope they're having a happy annivers Yeah.
Speaker 1 (04:22):
So, well, at least, uh Mark is that's funny and
I'm just kidding. What's going on? keV?
Speaker 5 (04:29):
Oh, I have a relatively simple question. Yeah, I need
to have somebody come out and look at a ge
range I've got that's uh not working, the ovens not working?
Speaker 1 (04:40):
Okay, this is.
Speaker 5 (04:43):
My situation is I'm blind, are almost completely blind, and
so it's a little hard for me to get on
the computer and try to look things up or to
go on and look for your referral list.
Speaker 1 (04:55):
Yeah, we we're in a slump right now with applients
for pre I think, okay, I mean, hold on, that
doesn't mean we don't have any I have some people.
I have some people that I truly have to get
on the on the site that i've vet, I've already vetted.
They're good people. Let me just see. I am hold on,
(05:15):
I haven't been on there in a while for Appliance.
I don't believe we had someone we had to get
rid of here. Let me just see, well Jensen is
Is Jensen still on there? No, I don't know if Jensen, Yes,
it is, of course it is. Why would it Jensen Appliances.
They're great people. Now, if you want just a sole
practitioner that comes out to your house, Jensen Appliance. Let
(05:40):
me let me give you a number for Jensen okay,
three oh three, nine eight eight ninety one fifty nine.
Speaker 5 (05:53):
Okay.
Speaker 1 (05:54):
And then there's someone else that I've used. I guess
we're interrupting somebody. Okay, there's someone else. Now listen, man,
I just want you to know something. This guy's golden.
I don't know if you get out there. He's a single.
I've got this man so busy he's not I'm gonna
put him on hold. I can't take the talking. So
(06:16):
if he wants this number, I'll get it for him.
Jensen appliance is good. The other one is Roma. Roma
is an independent guy and I think he and his
wife operate this outfit. He came to my house on
a Sunday one time, a Sunday afternoon, and we have
a big thermidor. If you know what that is, it's
(06:38):
a big it's like a sub zero. And anyway, it
was like acting up and it's old enough that if
he told me I needed a new compressor, I would
have bought one. And he said, ninety five percent of
the time people would tell you need a compressor. But
it was a tiny relay. Heini relay a few bucks,
(07:03):
and the guy refused to overcharge or overtime pay or
anything on a Sunday, and he did it. I think
it was like one hundred and fifty bucks. This giant thermidor,
which by the way would cost over ten grand to
replace way over maybe twenty, and the compressor would have
cost about eight grand. We got done for one hundred
(07:23):
and fifty bucks. I said he had no clue. It's
not like he knew who I was or anything. And
I've been referring people to him. Now Listen, I don't
even know if he wants the work. I mean I
think he does, but he's a single guy here and
his name is Roma. Here's the number. And if he
gets a bunch of calls, you can say you heard
(07:45):
about him on the radio. But I'm not trying to
get him to advertise or anything. He's just a small guy.
But honest is, his day is long. And I think
he's Russian or Ukrainian or something. I'm sorry. I just
know he's talked with broken English. Not that that matter.
But seven to zero seven to zero nine to eight
(08:06):
zero four six zero nine, So keV, I hope you
got that. And it's not that I didn't want to
talk to you, Kevin, but when you're on the radio,
I can't have the side talking behind you. So Tim
had his dirt bike stolen. Oh my goodness, Oh my,
(08:27):
I was just talking to my stepson about his dirt
bike and he wants to secure it, and there's we
concluded after talking to dirt bike people, there's no way
to secure it. In other words, they can pick it
up and put it on the back of a pickup.
They are you know, they take a few of them
to pick it up. It's not exactly that light. This
(08:50):
is not a little one. But or they can put
it on a ramp and wheel it up where they
can just hoist it up. Or they're hard. They're hard
even if you disable the drive train. It's hard to
secure it. And it's an age old problem. What I
think you need to do is not just secure it,
but do something like the club that person now now
(09:11):
listen to me. Not just like a regular club that
keeps it from steering. But dig this. What if you
went to a dirt bike and you put a big
horizontal and vertical bar on it where it's awkward to move,
where you almost can't get it in a pickup truck.
Think about that, a big horizontal bar and a big
(09:31):
vertical bar. I don't know anyway, so I don't even
know what Tim's calling about. I think he said his
electric dirt bike, which I didn't even know they made
We were talking about electric things. By the way, Tim,
they make electric dirt bikes. I didn't even know that.
Speaker 6 (09:48):
Oh hey, tom ya, it's a Saran.
Speaker 1 (09:51):
What does that mean? Are these new? Like I just
didn't know they even made them.
Speaker 6 (09:57):
Well, it's new to me. It's my son's and he's
a teenager.
Speaker 1 (10:00):
So no, I understand. Now, is this like a real
Is this like a real off road dirt bike?
Speaker 6 (10:07):
It's well, yeah, it's more heavy set up that way.
It looks like one it's a bigger frame than a
regular bicycle.
Speaker 1 (10:14):
Or is it a regular or is it a regular
mount just an evy bike?
Speaker 6 (10:19):
Oh, you know, I don't really know the difference. I
never had ones. Like I said, it's my son's, but
it's called the Surround and it was five thousand dollars
and that was a cheap version of it.
Speaker 1 (10:27):
Okay, so what about it?
Speaker 6 (10:29):
Well it's a long shot. But he goes to Lewis
Palmer High School and some kids down there stole it
from them one Sunday about riding in the backfield and uh,
there's like an abandoned house out there they went to
look at and then real quick going in and out
somebody took it, that.
Speaker 1 (10:44):
Quick and dirt bike, and yeah, I looked at it. Yeah.
Speaker 6 (10:52):
He spent last summer raising a thousand dollars to put
down it and we financed the four thousand left over
and it's gone.
Speaker 1 (10:58):
So I just so, does he did he call police?
Does he know who's stole it?
Speaker 6 (11:03):
No, we don't. We did call police. And there's a
Facebook group it's called Charge Colorado Springs p e V.
And there's like over eight hundred people and they all
get together and they do these rides and he's part
of that. And I just I was told if someone
was selling it or looking you know, not a key
or a charger, then that I'll give a red flag out.
Speaker 1 (11:22):
And I was just where did he steal it from?
Speaker 7 (11:24):
Anything?
Speaker 6 (11:25):
Right behind Lewis Palmer High School and monument.
Speaker 1 (11:28):
Where was it parked while he was in school?
Speaker 6 (11:32):
No, this is a field. They were down there Sunday.
There's a field I guess where they riders and these
little trails that go.
Speaker 1 (11:37):
And then what was he taking a break or something?
Speaker 6 (11:40):
Yeah, there's an abandoned house the kids were all going
to look at. So they're all inside this.
Speaker 1 (11:45):
So they parked the bike and how now now it's
hard to steal a Tesla because you have to have
you have to activate it with a key or a
cell phone. So are these EV bikes do they have
tech where? I mean, did they activate it or did
they pick it up and carry it? Do you know?
Speaker 6 (12:02):
I think they had to wheel it because my son
took his key out and the other riders that were
with them had the keys in theirs. Somehow they just
took his with no key, which is very weird.
Speaker 1 (12:13):
Wow, I wonder, I mean, what the technology is like.
I think the reason iPhones, a lot of iPhones are
not stolen anymore is because of the rock solid security
and it's almost like, well I'll steal it, but I
can't use it, you know. And I think the only
reason they get stolen nowadays is for parts. As far
as evs, if they could somehow make them just so,
(12:37):
they absolutely do not work at all at all, you know, period,
there's like without a secret code or a pin or something,
of course, someone would try to find a way to
hack it. I don't know what to tell you. What
were you hoping that we would figure out here? Now?
Do you have insurance homeowner's insurance that might have off
premises coverage or no way, they don't cover wheeled objects.
(13:00):
I don't think off. Did you check with any insurance
you have?
Speaker 6 (13:03):
I haven't checked with mine yet, but I know I
had an ATV before that was stolen years ago and
they're like, nope, that's the SETH insurance policy.
Speaker 8 (13:11):
So I don't know.
Speaker 1 (13:11):
Yeah, because it has wheels, but normally if it was
tools or something from the house, there's something called off
premises coverage. So you want to get the word out.
So what's the word?
Speaker 6 (13:25):
Well, if anybody know what happens to know of anything
down that way or you know, like I said, they
can't use it without the key or a charger.
Speaker 1 (13:33):
So so okay, it would have been where it would
have been. What day.
Speaker 6 (13:38):
It was Sunday this past Sunday, okay? And where three
in the afternoon I got in right behind Lewis Palmer
High School and Monument Okay.
Speaker 1 (13:47):
So his off road bike was stolen, damn.
Speaker 6 (13:53):
And like I said, there's a Facebook group called Charge
Colorado Springs PEV okay, and there's a lot of subscribers
and all those guys they they meet up in New
weekend rides together and stuff and anybody post on there
and hey we we heard somebody talking or whatever.
Speaker 1 (14:08):
That well, okay, if they do, if they do, I mean,
if I put your number out right now, I'm going
to warn you about something. If I do, you're going
to hear from people who are going to scam you.
They're going to say, like on Craigslist, they're going to say,
you know, we got it, we want to reward or whatever.
I mean, just so, how do people get in touch
(14:29):
with you on the Facebook group or what?
Speaker 6 (14:33):
Yeah, that's well, I'm not part of that. That's my
son's like, he's a part of the group. So I
guess they can write on there. I don't know, Like
you said, if they overwhelm the guy's page, I don't
less they'll shut it down.
Speaker 1 (14:42):
Or No, I don't think people would overwhelm the page
or anything. I just mean, if I give your number out,
you're open to scams. Right, Yeah, I got to take
a break back, right. I'm sorry, I'm way over time
because I got enthralled with this story. What color was it?
Speaker 6 (15:00):
It was blue and had a yellow headlight.
Speaker 1 (15:03):
Saran s U s U r r N by the way, Saran, Yes,
And it was down in Caloro Springs on Sunday and
yes and look at If anybody just has any suspicion,
you can contact us. Hey, do me a favorite Kachina?
Would you get his number so we can call him
if we hear anything? Go with a sure thing Denver's
(15:30):
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(15:51):
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with Remax Alliance three oh three nine two zero sixteen
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seven seven zero two seven seven six. Welcome to the show.
(16:34):
Frank Duran joined us as we talked to Stephanie Thomas
about the Colorado Springs market. Let's talk about let's talk about, uh,
Frank Duran, their real estate man and Denver market and
parts North. She said, down there slowing down a bit.
Average time on the market sixty days. So Frank, what's
going on here? Man?
Speaker 9 (16:55):
Well, Tom, we see more inventory and the condo market
has been very tough.
Speaker 1 (16:59):
I'll tell you. I pulled up den I'll tell you
why it's tough. Okay, I'm sorry. I didn't mean to
interrupt you. It's tough. I'm one of the reasons it
might be tough. People are afraid because hoas are imploding
right now. I mean, the fees are getting outrageous. And
I'll tell you why. Insurance is through the roof. Some
of these have to be self insured, which puts the
(17:19):
homeowner's new his way up.
Speaker 9 (17:21):
Okay, go ahead, Frank. Sorry, no, tob You're right. And
I'll tell you the other day it was crazy. I
pulled up just Denver. I'm just talking Denver, and there
was like one thy and twenty six active condos and
like two hundred and forty two hunder contractor pending. That's
how lopsided is becoming sumarious in certain princes.
Speaker 1 (17:37):
So it's hard to get rid of. It's been tough,
and that's why people want to get rid of them.
Speaker 9 (17:40):
Yeah, the attached market's been tougher now the single family market,
although we see more inventory, homes are still moving, it's
just taken longer to move them.
Speaker 1 (17:46):
So the key is priced from right about what's the
average time to market on a single family?
Speaker 9 (17:49):
Well, right now we're seeing the median days around twenty
five to twenty eight days median.
Speaker 1 (17:53):
So it's double in the springs. Yeah, it's been maybe
so And what price range are you calling hot?
Speaker 9 (18:00):
I'd say anything from five to seven fifty is still
the about forty percent of the market that moves pretty
you know, makes it about forty percent of the market.
Speaker 1 (18:10):
Are there any homes two hundred and fifty to three
hundred anymore?
Speaker 9 (18:14):
Boy, if they are a time, they'd be very tough
to find that, you know, I run into some.
Speaker 1 (18:17):
My god, I mean I remember it wasn't that long
ago that five hundred thousand was pretty really really nice,
really nice house, and you could get a house for
three fifty. Yeah, that's right, that's exactly and you can't.
But you know what, the funny say, something's got to give.
I mean truly sure. Now listen, I don't want to
like some some crazy person that wants government intervention and everything.
(18:41):
I'm not talking about that, but means mean people. People.
The idea of having a home was something to work toward,
and I think a lot of people, just a lot
of young people, feel like it's impossible. Now it's just
damn near impossible, even when both of them are working, right,
(19:01):
I mean, Frank to qualify for these houses at six
and seven or Stephanie, what does somebody have to make
Let's just say it. What do people have to make
just roughly for six or seven hundred that I mean,
I know you're not in the mortgage biz, but you
got an idea.
Speaker 9 (19:15):
Boy, Tom, I mean the people we see, I mean
somewhere between eighty to one hundred thousand minimum, I would say,
And even then that might even be tough for them.
But here's the thing too. Economic data, as you know,
is coming pretty soft. The jobs report missed expectations by
like sixty thousand jobs, so that tends to point towards
the easing of interest rates. So although they're talking about
cutting interest rates, it looks very promising for September, certainly
(19:37):
not as certainty.
Speaker 1 (19:37):
Right now, that looks very promising.
Speaker 9 (19:39):
So if they drop those rates tom it's going to
be very very interesting because even though inventory has risen
to some point, we still have relatively low inventory. So
if rates drop, it's going to be very interesting to
see how the market reacts to that, especially if they
drop between a.
Speaker 1 (19:52):
Quarter and a point. You know, what do you think
will happen? Well, I personally think they will drop, and
what do you think will happen? And I think that
what's going to happen.
Speaker 9 (19:59):
You're gonna see more by in the market, and I
think at that point that'll eat up some of the
inventory we're seeing grow and homes and move faster.
Speaker 1 (20:05):
It's not like the market's crash. It's just softened a
bit because of the qualification. But prices will never be
adjusted again. Our our home price is going to forever
be up here. I don't know, it'll be interesting. It
depends on how they cut to the recession, the Great Recession,
What didn't that start in No. Eight, Yeah, that adjusted
home prices. Do you ever see an adjustment coming again,
(20:27):
either of you?
Speaker 3 (20:28):
You know, I actually just watched an economist do a
report of our market, just the market as a whole,
but also in relation to the housing market, and he
addressed that in the two thousand and two or two thousand.
Speaker 4 (20:39):
And nine or eighty nine, he felt that, you know.
Speaker 3 (20:42):
The reason we saw that crash was people weren't in
a happy equity position like they are now. Values are
high enough now that if people, you know, see some
decrease or something like that, you know they still have
some equity. So he didn't foresee a crash, he said,
we weren't in that type of market.
Speaker 1 (20:59):
Any kind of an adjustment or not.
Speaker 3 (21:01):
I think as home sit on the market longer, we're
seeing some price reductions and ultimately those become your new
comps for pricing new properties. But I'm not seeing anything
like substantial. I'm not seeing ten twenty percent or anything
like that.
Speaker 1 (21:12):
How about you, Frank, No same thing, Stephanie Aga. I agree.
Speaker 9 (21:15):
I mean it's softened a bit, but nothing. All right,
it's been earth shattering. We got to take this break.
Speaker 1 (21:20):
I'm Tom Martino three oh three seven one three talk
seven on three A two five five Probit Energy dot
com for dependable solar. I know these people everything from sales,
service to installation. If you need service, even if they
didn't sell at Probit Energy dot com. Go with a
(21:41):
sure thing Denver's best roofer Excel Roofing dot Com. You
don't pay a cent until you're content. Thank On top
of it, time for an insurance check up free, no
obligation comparison call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three oh
three seven seven and one help. You'll think you're his
(22:01):
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Okay,
I'm Tom Martino. And by the way, YouTube should be
up right now. I'm getting it here, so sorry for
the delay.
Speaker 10 (22:22):
Very sorry about that, Tom.
Speaker 1 (22:24):
Oh, it's not your fault. It's actually fult totally.
Speaker 11 (22:27):
It was actually Dragon's brilliant move of suggesting that I should.
Speaker 10 (22:32):
Reboot the camera.
Speaker 11 (22:34):
And it worked, and no no, I also rebooted the
computer in the office and then all of a sudden everything.
Speaker 12 (22:43):
Is patted her stomach.
Speaker 1 (22:44):
What about my computer? What about the one in the
home studio that it works off of the by remote? No, no, no,
that was good.
Speaker 10 (22:51):
No, everything's fun on your ends were in studio?
Speaker 1 (22:54):
Yeah, okay, yeah, so go so when we're here in
the studio, you don't go to that computer. Correct, Okay, sorry,
I had okay, I had my daughter. I woke her
up to go down and fix that. She works late anyway,
three all three seven, one, three eight two five five.
Quintin says he's got a problem here, Quentin. What's going on? Quentin?
Speaker 7 (23:18):
Tom's going, what's going on with you?
Speaker 1 (23:20):
Man? Yeah, I'm here.
Speaker 7 (23:22):
Yeah, I'm the family. I'm a family member of Seawan Birch.
He spoke with you, guys.
Speaker 1 (23:28):
Shawn Birch. And what was it about.
Speaker 7 (23:33):
The wrongful conviction due to the corruption with the Denver
Police department.
Speaker 1 (23:39):
Well, we hear a lot about wrongful conviction. So I'm
trying to find uh Shawn's call. But why don't you
just tell us what's going on. We don't have to
know about uh, we don't have to know about that
right now, Let's just talk to you, what's going on? Uh?
Are you the one that was wrong wrongfully convicted?
Speaker 2 (24:00):
It is?
Speaker 7 (24:00):
It is not me, he's my family member.
Speaker 1 (24:03):
Was sewn the one wrongfully convicted?
Speaker 7 (24:07):
Correct?
Speaker 1 (24:07):
Okay? And how was he tell me about it?
Speaker 7 (24:12):
The jury found him not guilty and he is uh
still serving time behind it.
Speaker 1 (24:20):
Found him not guilty, you said, correct? If he's found
not guilty, how does he serve time for that?
Speaker 7 (24:31):
Because they've done what is called double jeopardy?
Speaker 1 (24:36):
Okay, explain that. I'm confused. So why don't you start
at the beginning, Go ahead, sir?
Speaker 7 (24:44):
At the beginning we were we were in the court
and the verdict came out and the first couple of
verdicts was not guilty, and then the last verdict that
came out was it guilty.
Speaker 1 (24:59):
Okay. So there were molt there were multiple charges. How
many charges.
Speaker 7 (25:05):
He had a burglary? Uh with the with the intent
to commit murder?
Speaker 1 (25:12):
So how many charges total were leveled against him? He
was tried on? How many tried on? How many charges?
Speaker 7 (25:24):
I think it was it might have been four.
Speaker 1 (25:27):
Okay, okay, and all but one? So so they found
him not guilty on three charges, correct, Okay? And then
what which one was he found guilty on.
Speaker 7 (25:45):
They they found him guilty on on a murder charge.
Speaker 1 (25:50):
Okay, well that's the most important one, probably right.
Speaker 7 (25:54):
Correct.
Speaker 1 (25:55):
Okay, now now hold on, but but now you said so,
But he was found guilty on murder. Now, as a result,
he was sentenced.
Speaker 7 (26:05):
To what he got A ninety eight plus life life
plus ninety eight. Yeah, life plus ninety eight.
Speaker 1 (26:17):
Wow, I guess he's not getting out any time. So
he was sentenced to life plus. And you feel, let
me get this straight. You feel it was unjust. Obviously
a lot of people do. And I don't mean to
sound like you know, because there have been times juries
(26:38):
get it wrong very rarely. But why does tell me
about the jury? You said double jeopardy, I don't where's
the double jeopardy?
Speaker 7 (26:49):
Well, what it was, Tom was they said that he
committed to burglary. They said that a door got kicked
in and that a witness got chased out, and in
the midst of the witness getting chased out, they're saying
that he executed the witness. Well, the jury found him.
The jury found him not guilty of the burglary. All right,
(27:14):
are you kind of getting.
Speaker 1 (27:16):
But they did find him guilty of the murder, and
did they find him not guilty of the burglary? On
the technicality? Are you saying if are you saying, how
could he possibly have done the murder if he didn't
do the burglary?
Speaker 7 (27:31):
They they had the they had the murder inside of
the burglary.
Speaker 1 (27:35):
No, I get that. So you're saying, if he didn't
do the burglary, he didn't do the murder. But but correct?
But how I don't what? What was there any accomplice
in this crime?
Speaker 7 (27:49):
There there was, there was, There was no accomplished.
Speaker 1 (27:55):
There was a When was this crime committed? When was
this crime allegedly or not allegedly? When was it committed?
Speaker 7 (28:05):
I believe it's been probably seventeen years ago?
Speaker 1 (28:10):
Oh my god, I didn't. Okay, so you're calling about
he's been in jail for seventeen.
Speaker 13 (28:16):
Years, almost seventeen sixteen.
Speaker 1 (28:20):
Okay, and tell me something. Why are you call? I'm
just curious? Why are you calling now?
Speaker 7 (28:27):
Well, what's continued to happen with all his appeal process
and everything? They continue to railroad him? And uh wait,
I think.
Speaker 1 (28:39):
When he called Wait a minute, did I think I
remember his call? Now? But keep going so what brings
you to this point? Do you have any appeals? Have
you appealed anything? It's he was go ahead.
Speaker 7 (28:54):
He was granted a thirty five he hearing based on
merits he brought to the court.
Speaker 1 (29:04):
What does that mean?
Speaker 7 (29:05):
Recently he addressed issues with his case that he thought
was wrong. Double jeopardy, the class of faith station.
Speaker 1 (29:16):
But there, I don't I don't know what you're talking
about when you say double jeopardy. This has nothing to
do with double jeopardy. What what when you say double
jeopardy that means he was charged twice for the same
crime and and tried. Well, he wasn't. I mean, where's
the double jeopardy?
Speaker 7 (29:37):
The double the double jeopardy was that they for one party.
You can only charge for one murder charge?
Speaker 1 (29:45):
No, that's that's actually not you. No, No, you can have
you can have a burglary with Look at, I'm not
going to give you a legal lesson. Here's what I'm
going to say, and please trust me on this. It's
the wrong it's the wrong argument. I mean, if your
attorney's telling you you can win on this, more power
(30:06):
to him. But I mean, okay, there might be a
conflict somewhere, but it's not double jeopardy.
Speaker 7 (30:16):
Okay, well wait wait was he no?
Speaker 1 (30:19):
It depends, hold on, it depends. Let me amend that.
If he was charged with a burglary resulting in murder,
I don't know what the formal charges, and then was
found not guilty, and then they recharged him with murder
and then he was tried again. Is that how it worked?
(30:41):
Or was he tried in one trial?
Speaker 7 (30:46):
It was all tried in one trial.
Speaker 1 (30:48):
Then, I don't see how it becomes double Hold on
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durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Tom Martino here three oh three seven
(31:32):
one three talk seven one three A two five five
Now Quinton is calling, and I don't want to run
out of time with Clinton, so we can continue this
and I want to take some other issues. But Quinton,
so your did you did Sean call me? Did you
say Sean called me at one time? He?
Speaker 13 (31:52):
Actually?
Speaker 7 (31:53):
I'm here now?
Speaker 1 (31:54):
Okay? How can Sean be on the phone? Is he
in prison?
Speaker 7 (31:58):
Correct?
Speaker 8 (31:59):
Yeah?
Speaker 1 (31:59):
On?
Speaker 7 (32:00):
Oh wow here Tom?
Speaker 1 (32:01):
Okay, yes, I can Sean. Did we talk before Sean?
Speaker 6 (32:08):
Yes?
Speaker 9 (32:08):
We did?
Speaker 1 (32:09):
Okay.
Speaker 8 (32:10):
I gave me my information last week.
Speaker 1 (32:12):
Okay.
Speaker 8 (32:13):
I wanted to talk about because I just received a
denial from the court. It makes no sense on those
Do you have Drake fail me not?
Speaker 1 (32:23):
Do you have an attorney? Sean?
Speaker 8 (32:25):
He'll send me to prison?
Speaker 14 (32:27):
I did, Yes, I do.
Speaker 1 (32:30):
And what does your attorney say about What does your
attorney say about the denial?
Speaker 8 (32:37):
Well, she doesn't know. I just received a denial late
last night in the mail.
Speaker 1 (32:41):
How long is it? Is it too long to read?
Speaker 8 (32:46):
It's too long to read. But it's a denial.
Speaker 1 (32:49):
Is it a court order? Or is it a court order? Yes?
Speaker 8 (32:54):
Yes, sir?
Speaker 1 (32:55):
Do you have a case Do you have a case
number on that? Yes?
Speaker 8 (33:00):
Oh?
Speaker 1 (33:00):
Hold on? Oh okay? Oh eight?
Speaker 8 (33:03):
What cr that'sh one O? Four eight one for eight one.
Speaker 1 (33:11):
Okay, And so.
Speaker 8 (33:12):
What essentially happened is the railroad continues. The court has
been this most.
Speaker 1 (33:19):
Oh man, your phone connection is bad. Your phone cannect.
I mean we can hardly hear you, bro, I really
want to hear you. It's just hard.
Speaker 15 (33:29):
Okay, can you hear me now?
Speaker 1 (33:30):
Yes? Better? Way? Better go ahead?
Speaker 8 (33:33):
Okay, yeah, yeah. This motion has been pending for five
years in this same court, and now all of a
sudden the court said, did these claims were successive? And
that's I said, it brought what?
Speaker 1 (33:44):
What? What? What? Tell me? The main motion is emotion
for what is it for? Emotion for reconsideration? Is it
emotion for? What? What is it emotion for? It's a
it's a.
Speaker 8 (33:56):
Motion for post conviction relief. Okay, and no issues did
I talked about about no deeprity and also about the
exculpatory breaking violation had occurred during the trial proceedings. And
so I had a major exculpatory breaking violation where the
Denver Police Joel Humphrey, withheld exculpatory evidence take the exonerated.
Speaker 1 (34:20):
What did they with what did they what did they withhold?
Speaker 8 (34:27):
They withheld a video the Holy Eye witness to his
murder said that I wasn't and my cote offendion was
a shooter and did he had seen the shooters at
the aurora?
Speaker 1 (34:37):
Hold on, hold on, hold on, sir, we got a
problem here with his connection. Okay, we need to re
establish this and come back and hear about this. Hold on,
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(35:01):
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three nine two zero sixteen twenty two yea ripped of.
Speaker 2 (35:29):
New advice who you don't have?
Speaker 8 (35:35):
Run anxious as fast as you can.
Speaker 2 (35:38):
Shooter's gonna help.
Speaker 6 (35:40):
Come man, This is the Troubleshooter Show.
Speaker 1 (35:44):
Now Tom Martino, Hi, Tom Martino here, Welcome to the show.
Three all three seven one three talks seven one three
eight two five five. This I brought to you by
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I looked up this case and I want to go
back to it after I talked to Scott. I don't
want Scott to wait for this entire case. Then we
have Stephanie Thomas with us from Colorado Springs real Estate. Stephanie,
(36:49):
I'm sorry your agency is uh Coldel Banker, Coldwell Banker.
I want to write that down. And then Frank Duran
Therealestateman dot com which is Remax Alliance, and thank you
guys for being here. We're talking real estate and I
do have a real estate problem. I wanted to bring up.
I don't have it. I'm going to bring it up
after this one. Scott, what's going on with you? Scott?
(37:11):
What's happening?
Speaker 16 (37:12):
Hey?
Speaker 15 (37:13):
Tom?
Speaker 14 (37:13):
I needed general advice. I've heard you talk about it
over the years, but never really paid that close attention
because I've never been in this position. But my father
in law passed away. He was single, he's got an asset,
he's got some debts.
Speaker 7 (37:27):
What do we do?
Speaker 1 (37:27):
Okay?
Speaker 14 (37:28):
All right, brother and sister, what do they do next?
Speaker 1 (37:31):
All right, First and foremost, you don't necessarily need a
probate or an You don't have to open probate unless
you want to. As a relative. You're not required to
do anything. Let's just say somebody's estate was complicated, riddled
with debt. It's going to come out negative. Nothing to worry.
(37:52):
You don't have to get involved, No one does. People
think they have to get involved, They don't. They don't
have to get involved. So let's say you want to
get involved, because when you take the pluses and the minuses,
there's a positive there. So let's take that. Is there
a positive at the end? Yeah?
Speaker 14 (38:07):
There is?
Speaker 1 (38:08):
Okay, How much negative? Is there not much?
Speaker 14 (38:12):
Just some medical bills? Maybe one thousand or two dollars
is what we're finding.
Speaker 1 (38:16):
And what are his assets?
Speaker 14 (38:18):
The only thing is a car. He sold his home
about a month ago before he passed.
Speaker 1 (38:22):
Where's the money?
Speaker 14 (38:23):
It's in his bank?
Speaker 1 (38:24):
Well, then there's there's a lot of assets. You said
only the car. The car it's in his name, and
the bank and the bank the car's paid for and
the bank. You said he sold the house. So I'm
going to ask. I don't mean to be a nitpicker,
but I have to be what assets does he have?
Speaker 14 (38:47):
Just a bank account that's it and the car now right?
Speaker 1 (38:51):
Or did the car go away? You said the car first?
Speaker 14 (38:54):
He has the car? Yeah, his dog.
Speaker 1 (38:56):
What are the assets the car and the bank account?
Only right? Correct? Okay? What do they total? Do you
think in value?
Speaker 14 (39:05):
About one hundred and fifty thousand?
Speaker 1 (39:07):
Okay, So you can't do a small estate Affidavid. You
can't do a small estate Affidavid. Over I think it's
eighty grand seventy five or some And then you also
have to have no real estate. But you don't have
real estate, you have money and you have a car.
So you're going to have to open a probate okay,
unless there was a trust, I take it. He had nothing.
(39:29):
Did he have a will?
Speaker 15 (39:30):
No?
Speaker 14 (39:31):
No, no will?
Speaker 1 (39:32):
Okay, So who did he have any Did he have
a wife?
Speaker 14 (39:38):
She had passed away nine months ago. He did second wife?
Speaker 1 (39:42):
Okay, he had no second wife. His his wife passed away.
He had no other wife. Did he have anyone who
will claim to be his wife?
Speaker 7 (39:51):
No?
Speaker 1 (39:52):
Does he have any kids?
Speaker 14 (39:55):
My wife and a brother, and she has a brother
and a sister. Three children.
Speaker 1 (39:59):
Okay, the three children will be in line next without
a will, Okay, Now you have to file. Somebody has
to file. One of the kids has to file probate.
And then how do you do that? Well, I'm going
to tell you. Then when you open up the probate,
then you have to send out notice to creditors. Then
(40:21):
you have to wait a certain amount of time. Then
you can distribute assets. Once you open probate. That person
who opens probate and becomes the personal representative at the
time will be personally responsible if they don't do this properly.
So what I suggest is an attorney. I think it's
(40:44):
foolhardy for anything that much, because one hundred and fifty
is nothing to sneeze at. I would say, let him
do it the right way. And you need an attorney
that's not going to milk you. So I would call
Dan McKenzie. He's he's a single firm. I mean, he's
a good firm. He knows what he's doing, and just
tell him the situation. He'll do as little or as
much as you need. But he doesn't just go in
(41:06):
automatically with some of these big firms with guns blazing.
You know what I'm saying. So you can you can
control it. Say hey, Dan, we just had someone die
without a will. Three siblings. Are the siblings all in agreement?
Yes they are? Okay, three siblings. We just want to
split it all up. How do we do this painlessly?
(41:27):
They'll he'll talk to you. So let me give you
his number. And it sounds like a big corporate number,
but it's not. He's local eight three three co plans.
His name is Dan. He's local. He's a great guy.
Speaker 7 (41:43):
Now he's on the radio, right, Yeah, he's on.
Speaker 1 (41:46):
My show all the time. So listen. Just call and
say you heard him on the radio, and then ask
him questions. He'll answer some questions for you. And you'll
see what to do. Now. Now again, if it was
a small estate affid David, you probably wouldn't need an attorney.
But once you're getting into creditors and there might be
others out there, or you want to cover yourself, you
want to do it correctly. And again, a good attorney
(42:09):
doesn't look at the state and think, oh, I'm going
to get a good part of it. They charged by
the hour or by a flat rate. Okay, Scott, So
that's Mackenzie Law, and it's the website is co plans
dot co. Okay, Quintin called for his nephew in prison.
(42:31):
I read about the case. This was not a small case.
They say that he murdered a witness, very little to
do with a burglary. They said he murdered a witness
who was going to testify against a gang banger. And
he was convicted and it was and it was a
(42:54):
murder back in two six. And you know, like a
a lot of people convicted, they want to set aside verdicts.
Some have been successful because you know, of extenuating circumstances,
new evidence and all that. So it's almost impossible to
(43:15):
do alone. So Quentin, I don't know if Sean's still
on the air, is it, I mean on the phone?
Is he because his connection was terrible? Is he still there? Yeah?
We can't hear Sean Quinton. Are you having problems hearing him?
Speaker 7 (43:31):
I can hear a little bit, Tom, Yeah, it's hard.
Speaker 1 (43:34):
So here's the thing, Sean. You appealed basically on grounds
that the courts would not hear. That's not unusual. So
I'm not saying I wouldn't take it personally, But what
I would say is this, if there is a ground
(43:56):
for an appeal, if there are grounds for appeals, a
good atturntorney needs to look at this, come up with
the grounds and do it do a motion. Did you
do the motion on your own? Yes?
Speaker 8 (44:10):
I did it, and then attorney took it over.
Speaker 1 (44:13):
Okay. And the attorney that took it over, I did it.
The attorney that took it over, How are you paying
for this attorney? Or did they do it as a project?
Speaker 8 (44:25):
They appointed council to court appointed council?
Speaker 1 (44:28):
Okay?
Speaker 8 (44:29):
After after I after I did the pro se motion
and they appointed adc council.
Speaker 1 (44:36):
Did he send us that motion? Sean Kitchina, My producer said,
you sent us some paperwork. Did you ever send us
your original motion?
Speaker 3 (44:47):
Uh?
Speaker 8 (44:47):
No, I didn't. I sent you. I sent you MYNEF
with David. I sent to the District Attorney's office.
Speaker 1 (44:55):
Yeah, what is your what is your mean? What is
your main contention? Quentin? What is your main contention? Not Quintin,
I'm sorry, Sean, what is your main contention?
Speaker 7 (45:08):
Well?
Speaker 1 (45:08):
Go ahead? What what is the main the evidence that
you feel was withheld?
Speaker 8 (45:15):
Well, the main evidence that what's heild is the main
evidence that would find me not guilty. But they still
from guilty and send me to prison.
Speaker 1 (45:25):
Well, they found you guilty of murder. They didn't find
you not guilty. They found you guilty of murder.
Speaker 8 (45:33):
Yeah, but it's the same charge.
Speaker 1 (45:35):
No, it's not the same charge. I'm looking at it here.
It's not the same charge, Sean. That's why I think
you're losing, because you're not You're not arguing the right argument. Uh, Sean.
Like I said, I I can't explain the law to
you in a way that that you're going to agree
with it. Okay, but here's the point. Okay, the the
the the first degree murder, the first degree burglary, and
(45:59):
fell any murder. Okay, they found you not guilty of
first degree murder and fel any murder Okay, a first
degree burglary, I'm sorry, and fell any murder as a
result of the burglary. But they did find you guilty
of first degree murder period because and and conspiracy because
(46:22):
they said the murder was not tied to the burglary.
They still found you guilty of murder because they said
you killed the guy for being or the woman, I
don't know whoever, you killed for being a witness.
Speaker 8 (46:37):
Well, listen, Tom, the thing is is that they said
that I did that to commit the murder. They said
I committed burglary. They killed a witness.
Speaker 1 (46:47):
They said that I did. Then they but they found
insufficient evidence, insufficient evidence. They found insufficient evidence for the burglary.
But you still did the murder. They're saying there were
two separate murder charges.
Speaker 8 (47:06):
Oh, they're the same, That's what I'm saying. That's how
they're tricking you, Tom, because they're the same exact murder count.
If you look at the burglary instruction I sent you,
it has murder after deliberation at.
Speaker 1 (47:19):
Sean Sean, there's no way a judge was sentence you
in a not guilty verdict, but they found you. It
specifically says here the court records, the jury found him
not guilty of first degree burglary and felony murder. But okay,
he was found guilty of first degree murder and conspiracy
(47:46):
and conspiracy to commit first degree murder. I don't look okay, Tom.
Speaker 17 (47:53):
It's not unusual to give the jury three different charges.
Speaker 1 (47:56):
I mean, we need to talk to a defense attorney.
Our guy is in a available, We need to We
just need to talk to someone. Is your attorney free
to talk to us?
Speaker 8 (48:07):
You got she may be, I don't know.
Speaker 1 (48:09):
You can give her a call, all right, hold on,
I don't know how long you can say on the phone.
I'd love you know. I don't mind talking to people
about this. If there's somebody behind bars and it's wrong.
I mean, I don't know enough about the law to
tell you this was right or wrong or but from
what I'm reading, this is not unusual to separate the
murder and say, well, no, he wasn't really committing burglary,
(48:31):
but he did commit murder. I mean, if you walk
into a house to shoot somebody and you're and you're
charged with breaking and entering and murder. And they find
you not guilty of the breaking and entering, you can
still be found guilty of murder. I mean, I don't
know why you feel like it had to be burglary
for it to be murder. I don't know, but but
(48:52):
I'll ask a defense attorney. We had the case in
front of us three zho three seven one three eight
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Alliance three oh three nine two zero sixteen twenty two.
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so we got a problem here with this this uh,
(50:43):
this criminal defense and that this guy's trying to mount
for himself, and I do want to get an attorney on.
I do not want to talk about this without an attorney.
Speaker 10 (50:53):
I actually did speak to the attorney that he.
Speaker 11 (50:58):
Proposes that he is there, and she would not verify
whether or not she was taking the case or whether
she was working with him.
Speaker 10 (51:07):
And I don't want it.
Speaker 1 (51:09):
I wonder because of confidentiality, kid, But but we weren't
asking you, right, I wonder if you're not allowed with
Like with Hippa, a doctor wouldn't even say if they're
your doctor. But I thought with an attorney, if she's
of record, she could say she was the attorney if
she was appointed, not me. She may not want to
talk about the case, but certainly she could say she's
(51:29):
the attorney.
Speaker 10 (51:30):
She would not say anything or he, she would not
verify her or she he.
Speaker 1 (51:34):
Or she she. Now, let's just get a defense attorney
of some con You throw a stone, you hit an
attorney in the head, no matter where you are. So
we got to be able to find a defense attorney.
Let's call one. If Jola's Arra is not available, let's
call somebody. We need to talk to somebody. Now, Don
(51:55):
has a question about Hoa's hold on Quentin. I'm really
trying to get some help here a Don, what's happening?
Speaker 18 (52:02):
Hey, Tom, I will give you the background so you'll
understand the context of my question. I live in an
area where the inside of our fence is maintained by
the homeowner, the outside of our wooden fence is maintained
by the HOA.
Speaker 1 (52:20):
Is that because it's your yard? Is it that easy?
Speaker 18 (52:23):
I'm sorry you said again, Tom?
Speaker 1 (52:25):
Is that because that's just what we call your yard,
the inside of your fence.
Speaker 18 (52:30):
Evidently? So the this is this?
Speaker 1 (52:35):
Are these single family homes or condos?
Speaker 18 (52:38):
Single family homes?
Speaker 1 (52:39):
Okay? Got it? So this is like any other neighborhood
in the world. If it's in your yard, you maintain it.
If it's outside your yard, either the city, county or
HOA maintains it. Right, So what about it? It's called
common areas, So what about it?
Speaker 18 (52:55):
They hired a company who sprayed the their portion of
the outside of the fence for common area company, the
common area. But the company that they hired, Tom, didn't
bother to put anything on the inside of the fence
to keep the overspray from coming through that fence and
onto the air conditioning units.
Speaker 1 (53:17):
And what did they spray? Was it something sticky? What
did they spray?
Speaker 18 (53:22):
It's a latex paint.
Speaker 1 (53:24):
Oh. Oh, so they hired a painter, yes, okay, to
paint the fence or to paint what they.
Speaker 18 (53:33):
Hired a painter to come in and paint the outside
of the fence.
Speaker 1 (53:37):
Okay, got it, I get it. I get it, I
get it, I get it. Okay, now I'm now. So
the HUA hired a painter to paint their side of
the fence, yes, okay, got it. And they got overspray
and stuff on your stuff.
Speaker 18 (53:52):
Yes, And so my question would be who do I
send the service of process? After having paid to have
all that taken off? Do I send that to the HOA?
Speaker 1 (54:05):
Well, the HA is not going to pay it. You
can send it to them, and then to fight them
is going to cost you more than it's worth. So
hope you don't send it to the HA. I would say,
if it was me, I would hold the contractor directly responsible.
Speaker 18 (54:22):
Okay, so I would send the contract or the service
a process.
Speaker 1 (54:26):
That's right? How much is it?
Speaker 18 (54:29):
It's going to be about three hundred dollars?
Speaker 1 (54:31):
That's nothing? Are you going to small claims?
Speaker 7 (54:33):
Core? Yes?
Speaker 1 (54:35):
Good, you're doing the right thing. I would serve the contractor.
They have a duty. I mean, they can't be that reckless.
How was it really? And it's not like you're trying
to milk the situation. Was it really like, did you
take pictures and document it beforehand?
Speaker 7 (54:51):
Yes?
Speaker 18 (54:51):
And I had someone else, Tom come over and actually
take the overspray off.
Speaker 7 (54:57):
So I've got no, I get it, I get it.
Speaker 1 (54:59):
But no. Now, normally, normally you would have contacted him
first and asked them to do it and give them
a chance to mitigate. But it's not like you're asking
for a ton of money. I mean, so are they
fighting you on this? Why not just ask them first?
Speaker 18 (55:14):
Well? I sent them a note that outlined the problems,
and they had a representative that came out looked over
the situation.
Speaker 1 (55:24):
Okay, so the painting contractor did look at it.
Speaker 18 (55:28):
No, DHOA sent a representative from the hoay out to
look at it, and he concurred that yes, there was
overspray all over everything.
Speaker 1 (55:37):
Did you give the painting contractor an opportunity to fix
or pay.
Speaker 5 (55:44):
I haven't.
Speaker 18 (55:45):
I haven't talked to the contractor of the paint company
because I thought this was a responsibility of the HOA
since they hired the paint company.
Speaker 1 (55:55):
It's not necessarily no. And I'll bet you and I'll
bet you you sign something in your HOA documents when
you bought there that you don't hold them responsible for vendors.
I can almost assure you you did. But what I'm
saying is this, if you want to collect, then you
want to go to the contractor, because the HOA is
(56:15):
never going to pay you for this, okay, and if
they do, it's going to cost you more than it's worth.
And then they're going to assess you for what they
just paid. It's it's it. You never win with an HOA, Okay,
just remember that you will. You will not win.
Speaker 18 (56:33):
Can they can then HOA assess one individual property? Well
you said that they could assess me for that.
Speaker 1 (56:42):
Well no, they would assess the homeowners for the legal fees,
but your legal fees would never be reimbursed. So you
get to pay your assessments. Plus you get to pay
your own legal fees for three hundred dollars. So you
decide what you want to do. I told you what
I would do three oh three seven one three eight
two five Go with a sure thing Denver's Best roofer
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seven seven one help. You'll think you're his only customer
when you choose Frank Durand the real Estate Man dot
(57:31):
Com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino
here three O three seven one three talk seven one
three eight two five five. Okay, Quentin, we're trying to
get somebody on that. That really would be good if
(57:55):
we could uh to put perspective on this case. If
you can just hang on a little while longer, So,
Frank durandreal Estate Man dot com. Frank, you've been doing.
We advertise for you that you do market valuations of
people's homes if they're thinking about listing, and there's no obligation.
But if people are just wondering what a house is worth,
(58:19):
do you usually find people find their house is worth
more than they thought or less than they thought.
Speaker 9 (58:25):
I'm curious, boy, it's all over the board, tom Boy.
I meet with some people where they're surprised, Wow, I
can get that much, and we do pretty well.
Speaker 1 (58:36):
You ever hear from people say well, I thought I
could get more than that, because they say, all my
tax assessment said it was this or my neighbor or sold. Sure,
so I run in it both ways. Actually, and once
you find out what you think the house will sell for,
and I don't want you to give away too many secrets,
do you price it there?
Speaker 9 (58:55):
Here's what I do. I show them the options. I say,
if we take this route, this is right, think you'd
come out better.
Speaker 1 (59:01):
Because you get multiple off.
Speaker 9 (59:02):
Sure, if we take this route, I think you'll get demand,
but maybe not as much leverage. And if we take
this route, you can start higher, but you do risk
that if you sit there too long, you can miss
the market. So I break it down different ways so
they can make that informed decision.
Speaker 1 (59:14):
That's Frank Duran three oho three nine two zero sixteen
twenty two. Stephanie, do you do valuations of homes?
Speaker 4 (59:21):
I do?
Speaker 1 (59:22):
Do you find people are happy or surprised or not happy?
Speaker 3 (59:28):
I think it's a little all over the board, Like
Frank said, absolutely.
Speaker 1 (59:33):
Okay, So Stephanie, let me just write down your number here.
I don't have it. I'm sorry, let me show you.
Speaker 3 (59:38):
Oh that's okay, go ahead, it's seven to zero, yeah,
two six zero.
Speaker 1 (59:41):
Hold on seven two zero two six zero zero nine
one eight.
Speaker 4 (59:46):
That is my cell so I can get Texter calls there.
Speaker 1 (59:48):
You don't mind people going to direct there, not at all. Okay,
Stephanie Thomas and Colorado Springs. How far north do you go?
Speaker 3 (59:55):
I will come into Castle Rock area. You know, I'm
pretty familiar with Douglas Counties. I'll do some work there.
But for the most part of the cause, I.
Speaker 1 (01:00:03):
Never asked either of you. I never asked this to
be either of you. Seriously. Now, are there houses you
don't list or you're not good at, or that is
out of your wheelhouse? Do you feel do you have anything?
I mean, I know that a lot of people want
to do if they could, they could do, They want
to do everything. But what do you feel most adept
or or maybe all of them? I don't care.
Speaker 4 (01:00:23):
I mean, you know where I'm located.
Speaker 3 (01:00:25):
I'm pretty versed with you know, raw land sales homes
with land those have different complications than you know, typical homes.
I'm also really experienced and verse just in town with
your typical with your typical homes. So I've got a
pretty wide array there. But if it gets outside of
an area that I'm comfortable, yeah, yeah, I can do role.
But if it gets outside of an area that I
(01:00:47):
know or i'm comfortable, you know, I will advise that
it's best for me to find an agent in that area.
Speaker 1 (01:00:52):
Rank, Is there any spot you like or not?
Speaker 18 (01:00:54):
Like?
Speaker 1 (01:00:55):
You know?
Speaker 9 (01:00:55):
To many many years ago, when I first started out,
I was trying to do everything. I was selling mobile
homes and you name it. And I decided I wanted
it to I didn't just want to do it at
a good level. I wanted to god willing sell it
at an elite level. And I decided to specialize more
in single family, everyday real estate. So townhom's, condos, single family,
you know, just your typical everyday real estate. Okay, So
(01:01:17):
I don't I don't really sell, you know, mountain property.
If it's a mountain property, I'll refer to somebody I
know that specialized in mountain properties.
Speaker 1 (01:01:25):
Okay, yeah, all right. And then price ranges. What's the
most expensive house you sold, I'm curious. Maybe two million?
Oh okay, so you're up there, steph.
Speaker 4 (01:01:35):
Yeah, I had one at one point three.
Speaker 1 (01:01:36):
Okay, So anyway, but price doesn't scare you one way
or the other. Okay, our our higher priced houses easier
for people to buy and sell. Do you find that
the transactions are easier.
Speaker 9 (01:01:48):
On higher price Yeah, depends on the area, depends on
the type of property, Tom, I think especially right now,
like let's say your high rise condos, those are much tougher. Also,
it's a little bit slower of market too, because there's
less there's more inventory out there, list buyers available.
Speaker 1 (01:02:06):
Yeah. And okay, now the one I told you about
the weird real estate problem. I don't know if you
can help. But do you know who honey Boo Boo is? Yeah,
Alana Thompson. Did you know she moved to Colorado?
Speaker 4 (01:02:21):
I did not know she moved to Colorado.
Speaker 1 (01:02:23):
Yeah, she did with her boyfriend. And she is being
I don't know if she's being evicted, but she can't
renew where she is, and she's looking for a house
but they don't have any money. They don't they can't
rent because they said there's too many student loans on
She says she can't put it in her name. I
don't know why. And her boyfriend has student loans, but
(01:02:45):
he also has a criminal record, So they're looking to
rent a place, and she does make money still from
reality TV, and I'm not sure where that money's going.
I don't know anything about it. But I can't imagine why.
She said she needs or fans help in Denver to
find her a house. She says her boyfriend Drealen Carswell
(01:03:09):
is having a problem. She suspects it is because of
his student loans, but other people say it's because he
has a criminal record. He was arrested when he tried
to get away from a traffic stop and they finally
got him to stop the car or ran them off
the road and he was found with the illegal drugs
and gun in the vehicle. He was charged with running
(01:03:32):
from police, speeding, et cetera. So criminal records is it.
It's very difficult, I would say, to rent. I mean
because the rental market right now is so tight. I
think that's the main thing, don't you believe? And then
do you still have to have triple the amount or
did they change that law? I thought they were trying
to make it easier to qualify for renting. I don't know,
(01:03:54):
do you know anything about that stuff.
Speaker 3 (01:03:56):
I don't do rentals. I usually refer them out, but
I did hear what you're referring to.
Speaker 1 (01:04:02):
You.
Speaker 4 (01:04:02):
However, I had somebody I knew recently.
Speaker 3 (01:04:05):
Who was denied being able to get into an apartment
complex because they didn't quite make the three times, so
they wanted a co signer who would make five times
the rent, and they were literally like a hair under
on each calculation and were flat denied.
Speaker 1 (01:04:20):
So, honey, boo boo, do you need a co signer? Yes,
she does, so as she goes by Alana now and
and really I shouldn't make too much fun of her.
This girl had a very weird upbringing, being on reality
TV since was six or seven years old. However, Ele
she was in those pageants, remember that.
Speaker 10 (01:04:38):
Hey, Tom, Yeah, we do you have George?
Speaker 1 (01:04:41):
Oh, we have George Brockler. Okay, I'm going to take
him real quick. George, thank you so much. George Brockler
is a former district attorney and a friend and I
know him a talk show host. And George, I have
a question for you, real quick. Yeah, we have a
guy on and I don't know if you if you've
Milliard of the case, it wasn't. I don't believe in
your jurisdiction. Sean Birch was found guilty of first agree
(01:05:05):
murder okay, and conspiracy to commit first agree murder and
was sentenced to life plus forty eight years. And he's
upset and it's been trying to appeal. He's been in
jail for seventeen years. And one of the things he
says is he was also charged with first degree burglary
and felony murder connected to the burglary, but that one
(01:05:26):
he was found not guilty. And he feels if he
was found not guilty of the burglary and the murder
was tied to the burglary, how can he be found
guilty for the murder. I hope that makes sense.
Speaker 18 (01:05:42):
So here's what I've.
Speaker 15 (01:05:43):
Done while you've been talking to me. I finally looked
this thing up and it looks like it came out
of Denver. Yes, and it was a witness killing, right,
is what they said happened back in two thousand and six.
Those are two distinct charges. And here's how someone could
be found guilty of a murder as well as conspiracy.
You don't even have to be the trigger puller or
(01:06:05):
the person who puts the knife in a person. You
could be an accomplice. And for people that are listening.
When you're an accomplice to a crime, you eat the
liability just like you're the person who's actually doing the crime.
It's like the getaway driver, right are you know you're
signing up for ag robbery. So that's one vehicle for
him to be guilty even And the other thing is
(01:06:27):
that the felony murder predicated on the burglary. That they
could say, hey, we don't think that it was a
death that ensued from the burglary, but we do think
that you murdered this guy. Okay, they don't think it was.
Speaker 1 (01:06:38):
They don't. They don't have to be convicted, they don't
have to be connected.
Speaker 15 (01:06:43):
They don't have to be connected. But I'll say this
to the extent too. And Kelly described this to me as, hey,
maybe it's a wrongful conviction thing. Everyone should know that
when you're convicted of any felony in the state of Colorado,
you have an automatic appeal to the Court of Appeals,
And in any murder case, especially one of which the
public defenders represented this guy, I presume that appeal happened,
(01:07:04):
and that the Court of Appeals, at a minimum, if
not the Supreme Court already reviewed this. So these issues
of what are called inconsistent verdicts, that's what's being suggested
here that's already been reviewed by the Court of Appeals.
I can't think of but one case in my thirty
year career where someone didn't get an automatic appeal from
a condition to.
Speaker 1 (01:07:24):
George, I so appreciate your expertise. I got to take
this break, but George, thank you so much. Appreciate it.
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(01:07:44):
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customer when you choose Frank durand the real estate Man
dot com. List your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi, Tom Martino,
(01:08:12):
you're a troubleshooter three all three seven one three talk
three h three seven one three eight two five five
look at We can go back to Quentin if he
wants to call back after the break. I can't do
it right now. We don't have enough time. But Bennett,
you wanted to give some kudos, go ahead, Bennett, Yes.
Speaker 16 (01:08:29):
Tom, uh, twenty four to seven. I would put that
company against anyone else.
Speaker 1 (01:08:35):
Good fix at twenty four to seven. You liked it?
Speaker 16 (01:08:37):
Huh oh, I love it, Tom. I have a furnace
that's nineteen years old. I had them come out to
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and the price of a new one in a ninstall
I think is just fabulous. They put them against anybody.
Speaker 1 (01:08:54):
You know what. I'm glad you got that nine, that
nineteen year old one. They would have cleaned it probably
and all that. But I think that you're miles ahead
with the new technology anybody. I think. I think nineteen
or twenty would be my cutoff. If it's fifteen years old,
you can limp by a little. But Bennett, thank you
very much for that information. Yeah, I really do believe
in those guys. They do a great job. Look at
(01:09:15):
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(01:09:37):
one help. You'll think you're his only customer when you
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list your home with Remax Alliance three oh three nine
two zero sixteen twenty two rip.
Speaker 15 (01:09:57):
So you don't have.
Speaker 2 (01:10:00):
Come running. It's just as fast as we can shoot.
That's gonna help coming man.
Speaker 1 (01:10:08):
This is the Troubleshooter Show. Now, Tom Martino, Hi, Tom
Martino here, Welcome to the show. Three oh three seven
one three talk seven one three eight two five five.
Glad to have you with us. This hour brought to
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They're they're really good people. Denverregen dot com. Now let
(01:11:16):
me talk about this. I don't want to belabor this again.
Quinton called and his nephew was on the line. We
had a very bad connection. And that's one of the
reasons why it's so hard to do this. But this guy,
Sean was convicted of murder murdering a witness, Sean birch
(01:11:36):
in an six murder of a witness, and and look,
there were three people involved in these crimes. And Sean
believes that he should be let out because he wasn't
found guilty of the burglary. He was charged with burglary,
felony murder with the burglary, but first degree murder conspiracy
(01:12:00):
to commit first degree murder on separate charges, and he
was found not guilty of the first degree murder and
felony murder that charge, but he was found guilty of
first degree murder, a separate charge from the burglary and murder,
and conspiracy to commit first degree murder. George Brockler was
(01:12:25):
kind enough to come on the air and to explain
why someone or how someone could be convicted of one
and not the other. Now, looksen I understand that Sean's
trying to get out of jail. I mean, he's a
sentenced for life plus forty eight. He's gonna die in jail,
and he wants, you know, to appeal this Again, George said,
(01:12:49):
probably it was automatically appealed because it was a felony
murder conviction, and that anything he does now is a
long shot. He was just down on some appeal that
he filed, and he's calling us. Now. We take calls
like this, and we don't mind stirring the pot when
(01:13:13):
there's something there. Quentin, I'm not, like I said, I'm
not well versed in this case at all. Okay, I'm
not pretending to be any kind of an expert. All
I was trying to do is find I know that
that Seawn's main contention was he shouldn't be guilty of
the murder if he wasn't guilty of the burglary, and
(01:13:36):
that is not the case. That is simply if that's
what he's looking to appeal on, he's never gonna do it, Okay.
I mean, by the way, George Brockler is a former
district attorney and he is saying, Look, it happens all
the time where someone can be convicted of a murder
for just being an accomplice or being for being a
(01:13:57):
murderer without being without the burglary charge. So that charge
of first degree burglary and fell any murder, that's one charge.
But then he was also charged with first degree murder
and conspiracy to commit first degree murder. That's what he
looked up the case. So I don't know what Sean,
(01:14:21):
what his main contention is for appealing. Now, if there
was evidence withheld and all that, that's a different story.
But it's he's barking up the wrong tree when he
says he can't be convicted of murder if he wasn't
convicted of the associated burglary. I mean, there's no one
(01:14:42):
and I've been emailing someone and texting someone who says
the same thing. He's wasting his time. I don't know
what to tell you. Clinton, what were you? Why don't
you try to find him an attorney to review his case? Quinton,
why don't you try to find it? Because attorney he
gave us she was appointed and she doesn't give a damn. Okay,
(01:15:04):
she doesn't want to talk to us. She doesn't you
know this? Yeah, go ahead?
Speaker 15 (01:15:09):
Are you there?
Speaker 1 (01:15:11):
Yeah?
Speaker 7 (01:15:11):
He actually she actually wants you to. She wants to
speak now. He gave a release to her. Thomas, you
can call her now, okay, okay.
Speaker 1 (01:15:21):
Good, good, good good good? Uh Kitschina did you hear that? Okay? You?
She said the attorney would would talk now, but wait
till after the break because I must, I must take
some other stuff here. Uh well, Deputy Chopper was on.
Now he's off. He was on, he's off, he's on,
he's off, so he's not there. I want to go
(01:15:42):
back to real estate because I have a couple of
texts here. I Frank Ran the real estate man with me.
I have Stephanie Thomas. Stephanie is your website, Stephanie ARI?
Still it is, yes, Stephanie ri dot com. That's correct,
and that stands for Stephanie Real estate Stephanie Ari dot
com and then frank Is Frank Duran the real estate
man or frankdran Holmes dot com and again we're talking
(01:16:05):
real estate today, and Stephanie, thanks for looking that up.
We were joking about Honeyboo boo not being able to
find some place to rent. We talked about the rental requirements.
You don't do rentals, you refer them out, but you
found out they did come down. They used to require
three times the amount, that's correct.
Speaker 3 (01:16:22):
I reached out to the property manager that I refer
to and asked her about the qualification percentage if it's
you know, two times three times whatever, and she confirmed
it was two times the rent is income.
Speaker 1 (01:16:34):
So okay, so two times And what about criminal convictions?
Speaker 4 (01:16:38):
If you don't mind, I'll just read this little text.
Speaker 3 (01:16:41):
She said, if they have a criminal history that's nonviolent
and or doesn't have to do with fraud, we can
typically get an owner's permission to override the criminal history.
I believe Colorado just changed the law that we cannot
look past five years. So if that's something happened nonviolent
and not fraud, we can we cannot take that into account.
Speaker 4 (01:17:00):
And then she went on to say, if someone is
having a hard time being approved by a.
Speaker 3 (01:17:03):
Property management company, she always suggests looking into private owned rentals.
Property managers have a lot of liability, so they're stricter
with their applications.
Speaker 1 (01:17:11):
Yeah, that's a good within Colorado law. So someone has
something to rent. And again, so so honey, booboo. She
was a reality star and her name is really Alana
and she is Alana Thompson. And she went on TikTok
saying I moved to Denver. I'm finding it hard to
find a place. And she went on to talk about
(01:17:35):
some death they have. Now I do know she makes
some income. I don't know how much she makes, but
apparently they were able to pay rent. She's going to
Regis University studying nursing or whatever pre requisite there is
for nursing. And she has I guess her boyfriend now
(01:17:57):
not husband. Her boyfriend is drel In cars Well. And
I saw this post and I thought, well, today's real
estate day. Any ideas, So here's what I want to
know talking about really helping people into home ownership. What
does it take nowadays, guys, I mean a first time
(01:18:17):
home buyer. What's available for first time home buyers. This
is really important stuff. What's available, well, Todd, there's.
Speaker 9 (01:18:25):
Some down payment assistance programs where a buyer could put
down as little as a thousand.
Speaker 1 (01:18:28):
Out of pocket. They have to qualify, of course, So
there are programs out there down payment assistance. So what
would that do that would make the rest of the
down payment for them?
Speaker 9 (01:18:37):
In other words, yeah, it would be just a minimal amount,
but you have to qualify. But we have some in
house landing where we're at where they can work with
a first time buyer.
Speaker 1 (01:18:45):
So the first step is just to get with somebody
who's qualified. Is qualification for a buyer, Stephanie, what is
it like? What kind of specifically like like what kind
of income, what kind of debt ratios? What do they
look for nowadays? I mean, before you waste your time
looking for houses, you must you must figure out who
can buy.
Speaker 3 (01:19:05):
You know, that's really a lender question on the exact percentages,
but how your programs people, Every program is so different though.
Speaker 1 (01:19:12):
Yeah, that's the thing that work a lot with first
time home buy.
Speaker 3 (01:19:15):
You some will do say forty percent as a max
stet to income Ray show. Some might go up as
high as you know, fifty to fifty two percent. It
really depends on the lender what they're able to do.
So when I start with the first time home buyer,
I always say, let's have a conversation with a really
good lender and let's take a look at your picture,
your income that's really what you need, yeah, and see
(01:19:36):
what that looks like and what we can do for you.
Speaker 1 (01:19:38):
Do you do that? Do a lot of people get
pre qualified first, or at least well, yeah, pre qualified,
not necessarily preapproved, but do a lot of people try
to get pre qualified?
Speaker 9 (01:19:48):
Frank oh, yeah, absolutely. In fact, that's one of the things.
If somebody calls us off, let's say a sign call
or those things, well we'll ask him those questions. Have
you taught to a lender, Are you're buying with cash
a loan now I'm getting a loan. Are you working
with a lender that you trust? Or you need getting
in touch with the lender. No, we need help get
in touch with the lenders. So there's are a series
of questions we ask them.
Speaker 1 (01:20:03):
Tom all right, now we have coming up more discussion. Plus,
so if you're looking at real estate, if you have
any questions about buying, I think virtually somebody had a
texture about Fix and Flip. Is it dead? I don't know, guys,
do you ever see fix and flips anymore? Oh? I
don't know about ust W.
Speaker 9 (01:20:21):
I had a lot of operas from Fix and Flip people,
But that doesn't mean they get accepted.
Speaker 1 (01:20:25):
I mean you need for fixing up houses? Oh yeah, sure, yeah.
Speaker 3 (01:20:28):
I mean I see investors, you know, trying to looking
for the deal, always looking for the deal. But right
now the market values are high enough. You know, people
are better typically it's only.
Speaker 1 (01:20:37):
Going to get a steal anymore. Are they less certain?
Some kind of distress situation which you don't see very often?
And how do these buying places do it? I advertise
for one of them, home vestors. I advertise for one
of them, Like if you have a property deferred maintenance,
you don't want to you don't want to have loan
approvals and listings and showings, call for whatever the number is.
(01:21:00):
I have them as a client, right, Well, how do
they even get calls if people can get so much
money for even crap homes. Well, I'll give you an example.
And by the way, just because I mentioned let me
I should not do the disservice it's eight hundred and
four or for buyer Why would people even call these
places if they can get almost better prices? I don't know.
Speaker 9 (01:21:19):
Why is it because of the process. Well, I had
a gentleman call me Tom. It was rough for him
because he was facing foreclosure. He was days away and
he was really in a rough spot. So situations like
that and it just I mean, it's a case by case.
Obviously the place was rough.
Speaker 1 (01:21:32):
It wasn't going to go.
Speaker 9 (01:21:33):
Fah for sure, Okay, So I didn't want to take
the time. His buyer poll was very limited. So in
that case he talked to.
Speaker 1 (01:21:41):
Home gesters and they were able to help him.
Speaker 3 (01:21:43):
Yeah, so Stephanie, absolutely, Yeah, it's all about the potential
seller's personal circumstance.
Speaker 4 (01:21:49):
How quick would lead you to sell?
Speaker 1 (01:21:51):
Yeah, that's for sure.
Speaker 3 (01:21:52):
You know, especially with all the increased days on market
we're seeing.
Speaker 1 (01:21:55):
So go with a sure thing Denver's Best roofer Excel
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(01:22:16):
of insurance companies find out now three oh three seven
seven to one. Help you'll think you're his only customer
when you choose Frank durand the real estate man dot
Com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino,
your troubleshooter three oh three seven one three talk threell
(01:22:38):
three seven one three eight two five five. So when
it comes to real estate, and I know that it's
getting more and more difficult for renters and for landlords.
Now landlords are complaining that they're losing a lot of rights.
But okay, I'm gonna tell you some the pendulumness swinging.
(01:22:58):
For years and years, it was a two terrible place
to rent because renters had no rights. Now the pendulum
has swung where they have a lot of I believe
they have a lot of rights, but the prices are outrageous.
But landlords are complaining, like the just cause law saying
you can't evict someone without a cause, and they mean
that by the way. Now in some cases, however, a
(01:23:19):
landlord can try it and a tenant would have to
challenge it. So it's still a bit on the tenant
to take action. But it's not like automatic where the
city comes in or the state and says you can't
evict them, but it wonn't take long for a judge
to rule against them. So what I want to know
(01:23:41):
is this, are you finding cases where landlords are selling
previous rentals? They're getting out of the rental business? Have
you found that in the spring of step you have? Huh,
they're getting tired of it, right they are?
Speaker 7 (01:23:53):
Yeah.
Speaker 3 (01:23:53):
I actually met with some people recently who are going
to list for that reason.
Speaker 1 (01:23:57):
Because of the new laws. They're saying, look, because there
is no such thing as a one year lease. There
really isn't. If you lease to someone, you must renew
the lease unless there's a good reason you must renew it.
So why have more than a one year lease just
or why even have You can have a month to month,
but even if it's a six month lease, you have
(01:24:19):
to no way. I think it's only it only affects
lease as a year or longer. I think I think
maybe I might be wrong, but it's the just cause law,
and there are also some other laws involved in rental.
And again, I don't think it's a bad thing that
there are laws to protect renters. I think though, that
(01:24:40):
you're going to get to a point where you're going
to defeat the purpose you're trying to help renters, and
it's going to hurt them. I think one of the
biggest things that should be done for renters is what
I believe is the wrongful withholding of security deposits. That
happens more than you believe. Now you might think, oh, Tom,
(01:25:01):
they probably did it, they destroyed it. No, I think
a lot of times landlords just keep it just because
they can, and they give excuses a lot of times,
and they've been and they have a carpet that should
have been replaced years ago, and they keep charging people
for it over and over. Now, most landlords are pretty good,
honest people, right. I also understand there's a move against
(01:25:27):
vacation reynolds by owners that a lot of people don't
want them in their neighborhoods, and a lot of cities
are requiring licensing and regulations. And I don't know if
you ever got involved in that. Do you ever have
buyers saying I want to find a vacation rental or
something that I can.
Speaker 9 (01:25:41):
Not me personally, Tom, But I'll tell you this year alone,
I've helped a lot of people that had rentals that
decided to sell them.
Speaker 1 (01:25:47):
I mean a ton of them this year, So you
did have the same thing. Landlord's saying, I want to
get out. Oh yes, a ton of them.
Speaker 9 (01:25:53):
In fact, I just closed a few and just listed
a few, so they're getting out of the business, correct,
All right, Katchina.
Speaker 1 (01:26:01):
I'm not sure if we uh what we're going to
do here, but Quentin, I did. I did leave the
We're trying to get a hold of your attorney. Okay,
we left a message, yes we did, so you guys
have to be patient. Well, we'll get her on it.
It's a female, right, female attorney. Okay, we'll get her
on as soon as we can, so if you can
(01:26:22):
hang in there. Again, I'm not sure what the grounds
of the appeal was. They're upset it was rejected. And look,
this isn't the first time a convict is said I'm
not guilty. But at the same time, many of them
have been exonerated after years it has happened. Okay, now
(01:26:43):
it's more rare that it happens. Okay. I'm not saying
that the courts get it wrong all the time, but
they do get it wrong now and then this has
to If you guys want to look up the case,
by the way, you can just google the name Sean
and it's s h u N so it looks like
(01:27:03):
Shun and it's birch b I R C H. And
one of the one of the articles is in Westward.
Another one is is in the archived Denver Post and
that's the one you don't have to pay for. And
I guess it says that there's a Let's see is
(01:27:28):
a defense attorney at the time was Frank Wait, wait,
let's see who is the who is the defense attorney
on this case?
Speaker 7 (01:27:38):
Quentin or Sean Mandarin Bowers and Frank Moyet I had
called council double counsel buck now.
Speaker 1 (01:27:47):
Frank Moyer Okay, now what where are they nowadays? Have
they ever tried to help you appeal?
Speaker 8 (01:27:56):
I'm not I'm not sure where Frank is. But man Durin,
she still prid in law. She I mean, they're limited
to what they could do based on where I'm at
with the with the conviction and the most conviction proceedings,
other than testify on my behalf.
Speaker 7 (01:28:11):
At a hearing.
Speaker 1 (01:28:12):
Well, they're not. They can't testify for you, for you're
gonna say, But what I want to know is certain
issues they can did you write you said you did
write your own appeal. How did you learn to do that.
Speaker 8 (01:28:28):
I've been in college to become a piralegal. Since i've
been in cards ready, I've become a certified pair of
legal and so based upon that that help with the
knowledge to study the law.
Speaker 18 (01:28:41):
And right right these claims.
Speaker 1 (01:28:43):
But you still haven't told me that. You still haven't
told me the actual grounds for the appeal. The actual grounds.
Speaker 8 (01:28:51):
That's what I'm trying to get to.
Speaker 1 (01:28:53):
Go ahead, get to it with get to it right now, sir.
Speaker 8 (01:28:55):
Go on the statue eighteen four to two O two
subsection one, that's first degree bargleary in Colorado. First degree
Barkeley has to have what was called a predicate inside
of it for you to be convicted of that.
Speaker 1 (01:29:09):
That's right. You were not convicted of first degree burglary.
Speaker 8 (01:29:14):
No, I wasn't. I was found not guilty. But the
double jeopardy in this case is that they used the
same first degree murder that you're saying I was convicted
of inside of the barglery. If you read the information
I gave you, the jury instruction expounds on that it
gives specific instructions to the juror that hey, this is
(01:29:35):
the same murder count. This the same murder count. Okay,
specific for you.
Speaker 1 (01:29:39):
Let me ask you. Let me just come right out
and ask you this. Okay, I'm going to come right
out and ask you this because I'm not your attorney.
And George Brockler said that is not uncommon to be
found guilty of the murder part of the burglary.
Speaker 8 (01:29:53):
Well, if you said I did a bargerary to commit
the murder and not even do the bargery, how can
I be guilty of the murder.
Speaker 1 (01:30:01):
Because you did the murder, because you did the murder,
because you didn't go because you didn't go in because
you didn't go in there to steal, you went in
there to kill.
Speaker 8 (01:30:10):
And they found me not guilty of those elements.
Speaker 1 (01:30:12):
That's what I'm no, they found you not guilty of
the burglary. Look at Quentin, I mean not Quentin. I'm sorry,
I'm a Sean. This is there's a reason you're being
turned down. You know what the definition of insanity is
doing the same thing over and over and getting the
same result. I mean, if the courts turn you down,
Sean and you studied law. What does that tell you?
(01:30:34):
It tells you to take another tack. I'm not saying
you're wrong. I'm not saying you're right. What I am
saying is the tactic you're using is not working. It's
not working. You're using. You're using a tactic that almost
everyone involved in law enforcement is telling me. You're all wrong.
(01:30:56):
You can separate that murder. You can. There does not
have to be a burglary to be convicted of the
conspiracy to commit murder and the murder part of it.
George Brogler just said. A former district attorney and attorney,
and he's well respected.
Speaker 7 (01:31:15):
He said, shodn't then get to this point, man, go
get to what point?
Speaker 1 (01:31:19):
You never make a point? Make the point. Go ahead,
make the point.
Speaker 8 (01:31:23):
The point is this from the start of this case,
the Bill case, it's been corruption in this whole case
the whole time that I could prove. And I'll try
to send you things that help with that. I don't
know if you've read them.
Speaker 1 (01:31:35):
I did, road him. I want to know what corruption.
Let's take one. Let's take one.
Speaker 8 (01:31:40):
Well, the main one of the corruption starts with Detective
Humphrey from the beginning when they indict me on this
case where he's withholding the sculpatory evidence, it proves I didn't.
Speaker 1 (01:31:51):
Do to murder Quentin. I'm sorry to get the name
Quinton off there. For God's sakes, I keep looking at it.
I'm just going to take it off. Sean. Let me
just ask you this straight up, Okay, straight up, what
did he withhold? Let's just talk in English? What did
he withhold?
Speaker 8 (01:32:07):
He withheld a video of the only eyewitness telling him
he's seen the killers, and he specifically said I was
not the killer.
Speaker 1 (01:32:16):
Okay, that's that one piecee Hold on, hold on that
video of an eyewitness. That eyewitness did not testify in court?
Is that right? Yes?
Speaker 8 (01:32:27):
He did, Yes, he did.
Speaker 7 (01:32:29):
Did your attorney ask identify me?
Speaker 1 (01:32:35):
Okay? So that guy that that guy on the video,
not in the testimony in court, but on the video
when he was when he was interviewed by the detective.
He said it wasn't Sean, correct, And why didn't your
(01:32:56):
wait wait wait, why didn't your attorney or draw that
out in cross examination? She did so in court? Hold
on in court. There's a transcript in court. There's a
transcript of the witness saying the man I saw shoot him?
(01:33:20):
Was not Sean?
Speaker 8 (01:33:24):
Correct? He never identifies me as the shooter at Trout?
Speaker 1 (01:33:28):
Did he say it was not you?
Speaker 8 (01:33:34):
Well, he couldn't say it was or was not me
because the ceilings wore masks. Whoever did this?
Speaker 1 (01:33:39):
Okay, Okay, I got it, I got it? Did he say, Sean,
you got to forgive me? Because I don't know about
the case, so I know this. These sound like dumb questions.
But did they say did they say did they say
to him? Was it Sean? Was it his voice? I mean,
(01:34:00):
did they make any kind of connection? How did they
connect you to the scene? Were you there? Were you there?
Speaker 6 (01:34:08):
No?
Speaker 7 (01:34:08):
I wasn't.
Speaker 8 (01:34:09):
I'm unequivocally innocent. I was not there.
Speaker 1 (01:34:12):
You were not? Even So there were three men they arrested,
two of the right ones, but one wrong one? Or
were none of those three? Like what about your co defendants?
Speaker 8 (01:34:22):
None of the three?
Speaker 1 (01:34:24):
All three of the all you're saying all three, hold
on you and the other two were all innocent?
Speaker 8 (01:34:33):
Behalf?
Speaker 1 (01:34:34):
Yeah, but I'm asking you if they got it hold on.
I need to know this, Sean, I need to know this.
Were you the only one wrongfully convicted? Well, if you're
not going to answer. Okay, I'm sorry. Can't do it
unless you're going to answer me. Go with a sure
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(01:34:55):
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You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
(01:35:16):
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, you're troubleshooter three O
three seven to one three Talk chopper. What do you
got going on? You got some updates? What are they?
Speaker 7 (01:35:35):
Well?
Speaker 17 (01:35:36):
The first one is the company that used to be
good that is horrible anymore.
Speaker 1 (01:35:40):
Let me get us Champion, You got it, Champion Windows.
Champion is a story about a company that has been destroyed.
Speaker 17 (01:35:48):
Yeah, we had a lady named Kay who's a.
Speaker 1 (01:35:51):
They suck and champion. You know when it happened they
were bought up by some giant, big national company okay,
go ahead.
Speaker 17 (01:35:58):
Uh, she's a senior city been partially vision impaired. She
had three only three windows put in. She had to
go to Champion because everyone else didn't want to U
juste to do three windows. She's been waiting now almost
a year.
Speaker 1 (01:36:14):
What's her name? K? When did she call?
Speaker 10 (01:36:17):
Uh?
Speaker 17 (01:36:18):
I don't have it down, but it's been probably about
ten days.
Speaker 1 (01:36:22):
Okay, God, I'm looking for right now, go ahead.
Speaker 17 (01:36:25):
And I called Champion and I got the oh, we
can't talk to you. And I said, hey, wait a minute,
I'll do a conference call.
Speaker 1 (01:36:31):
Good.
Speaker 17 (01:36:32):
So we did a conference call.
Speaker 1 (01:36:35):
I have got the story that these screens in windows.
That's she called August ninth. That can't be or is
that another K with the same problem where there were
no screens.
Speaker 17 (01:36:45):
That's yes, that's the one no screens you said up
ten days?
Speaker 19 (01:36:48):
It was August ninth. Bro okay, all right, go ahead.
We arranged at the screens were being made, they were
going to be put on a truck. They were coming
this week.
Speaker 7 (01:37:00):
Oh.
Speaker 17 (01:37:00):
We had to talk to like twelve different people to
get that. Today she just called me and said Champion says, no,
they're not made yet. They're on backwater. And you probably.
We don't know when they're going to get them. K's
been very nice. We've kind of laughed about it, saying
she'll probably get the screens after the first Snow, you
know what, I bought windows from Champion when they were
(01:37:23):
a good company. Yeah, I wouldn't. I tell people, in
my humble opinion, you avoid them.
Speaker 1 (01:37:29):
No, No, avoid them like the plague. Now Champion. When
I hate to say this, and the reason I hate
saying it, I hate won a great company. Just god, man,
it just happens.
Speaker 17 (01:37:39):
And then I have a second one.
Speaker 1 (01:37:40):
All right, go ahead.
Speaker 17 (01:37:41):
This was an Aspen I show called on the twentieth
of October, I mean twentieth of August. This is she
was having a roofing deck or I caught an aunting
put on her house and she contracted with a gentleman.
That mean you disagreed on the spelling, but it is Jefferson,
(01:38:03):
like the aviation Jefferson, Yeah, Jefferson to do it, and
he took three thousand dollars.
Speaker 1 (01:38:12):
I've called this her first name. I got.
Speaker 17 (01:38:14):
I have Aspen on my notes.
Speaker 1 (01:38:17):
Okay, Aspen, Okay, that'll be easy to look up. Go ahead,
and yep, he's gone. Or Josh Jepson.
Speaker 17 (01:38:24):
Yep, he's gone.
Speaker 1 (01:38:25):
I just put a roof on her deck. She paid
him two thousand dollars for materials and approximately twenty by twenty.
He showed up in August to complete the deck but
never did what what did he leave undone?
Speaker 17 (01:38:39):
Well he never No, he never did the awning part.
He did some inside it for her. That's how she
got got a.
Speaker 1 (01:38:47):
Hold of him. He did something for her.
Speaker 17 (01:38:50):
Yeah, a prior job. That's why she used him the second.
Speaker 1 (01:38:53):
Toll to complete a prior job. Got it, got it
the deck right, got it? Okay, So so okay, I've
called guys gone, I've.
Speaker 17 (01:39:04):
Called he's gone. I mean I wouldn't say I did this,
but I even called and said, hey, I got a
job for you to do. We gotta called me back.
Speaker 1 (01:39:12):
We got to put him on the seat. How much
that you have two grand of her money? I showed
three grand according to her. And he does his phone still.
Speaker 17 (01:39:22):
Work and the phones still work, but he doesn't.
Speaker 1 (01:39:26):
Call you back. He never do you get a voicemail.
Speaker 17 (01:39:29):
You do get a voicemail, okay, and sometimes it's full,
but he must be going in it and the empty
nip he's his phone number.
Speaker 1 (01:39:36):
I want people to inundate it with voicemail telling me
he's a crook.
Speaker 17 (01:39:40):
Nine seven zero yeah, nine three nine.
Speaker 1 (01:39:43):
Be nice when you call him at your a crook
nine three nine.
Speaker 17 (01:39:46):
Zero seven nine to one.
Speaker 1 (01:39:48):
Yeah. So here's what I mean. You don't have to
be vulgar. Just say, look, we heard about you, Josh.
We're gonna let everyone know about you. You're a crook.
And he was seven zero nine three nine zero seven nine.
Speaker 17 (01:40:00):
He wasn't located by our referral list. He was that
other good spot called next door. Yeah, of course, yeah,
of course.
Speaker 1 (01:40:07):
A lot of these clowns have go on next door.
There's no way for them to check out people. They
just can't nine seven zero nine three nine zero seven
nine one nine seven zero nine three nine zero seven
nine to one. Right, Yes, okay, else going on.
Speaker 17 (01:40:23):
I have one other one, but I'm gonna hold off
on that. That was an attorney that uh we told
the lady to go to the Supreme Court, uh Committee.
Speaker 1 (01:40:35):
On Grievance Committee for an attorney what's her name? Oh?
Are you still working on it? Yeah, we're still working
on it. Because what was it about? An attorney took
some money.
Speaker 17 (01:40:44):
Yeah, he took from Regina, that's the name. Uh, took
some money, signed some checks and didn't give her all
the money that he should have.
Speaker 1 (01:40:54):
All things right, he took some settlement money.
Speaker 17 (01:40:56):
Yes, the Supreme Court's looking into it.
Speaker 1 (01:40:58):
Hold on good, Go with a sure thing Denver's best
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(01:41:21):
oh three seven seven to one help. You'll think you're
his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Martine here three O three seven one three
talks seven one three eight two five five. Welcome to
(01:41:44):
the show. And again, look we're gonna uh, we're gonna
revisit this a little. Uh, we're running out of time.
And I really let me just say this right up front.
I don't even know what I would do if I'm
sitting in prison, and I didn't think I was guilty.
But there are so many people say, don't waste your
(01:42:06):
time on this, blah blah blah, And I say, what
harm is it doing? It's doing no harm And on
the outside possibility this guy's got a case. What the
hell I mean, it's what is it? It's not doing
anything harmful to me to talk to Sean. I mean,
I know that if I was in prison and I
wanted somebody to listen to me, it would be a
(01:42:27):
good thing. So again, we have such limited time in between,
and it's amazing to me he can be on the phone,
and I hope he can hang because I just want
to ask some very basic questions that our attorneys asked
me to ask him. Again, they won't come on, and
we're still trying to get a hold of his attorney.
(01:42:47):
Plus we have a real estate discussion going on. Then
we have any consumer problems, questions and complaints three oh
three seven one to three talk Go with a sure
thing Denver's Best Rufer Excel roofing. You don't pay a
cent until you're content, Leave time for an insurance check
up free no obligation comparison call Compass Insurance paying too
(01:43:11):
much your coverage at dozens of insurance companies. Find out
now three all three seven seven one help. You'll think
you're his only customer when you choose Frank durand the
real estate man dot com to list your home with
Remax Alliance three all three nine two zero sixteen twenty two.
Speaker 2 (01:43:27):
Yeah, ripped of need advice? Who you don't have? Come
run incous asta as we can. Shooter's gonna help.
Speaker 18 (01:43:44):
Come man.
Speaker 1 (01:43:46):
This is the Troubleshooter Show. No Tom Martino, Hi, Tom Martino,
You're Troubleshooter three all three seven one three talks seven
one three eight five five. Welcome to the show. We're
talking real estate today. I got Frank Dran the real
estate Man dot Com on with me, and also Stephanie
(01:44:07):
Stephanie Thomas, and she's Stephanie Ari dot com. And she's
in the Springs area up up to like Castle Rock,
and Frank is all around the metro area north. And
how far do you go into the mountains Frank off anything?
How far up?
Speaker 9 (01:44:22):
So I go as far as Golden oh to the west,
and as far as Kingsburg to the east, and how
about north Firestone to Castle Rock and everything in between.
Speaker 1 (01:44:32):
And then Stephanie how far west you go down there?
Speaker 3 (01:44:36):
Yeah, absolutely, I do tell her county so Woodland, Park Divide,
Cripple Creek. I will go a little bit into Park County,
but typically not as far as you know, like fairplay
or getting too far out there.
Speaker 1 (01:44:50):
Mountain properties are pretty specialized. I think they are. I
really do, just like some rural properties, but mainly mountains
have very special kinds of problems. How are we coming
on finding this guy's attorney to come on and address
the rejection?
Speaker 11 (01:45:08):
So we've left a message, and her voice small is going,
her phone is going straight to voicemail.
Speaker 1 (01:45:15):
I wonder if she doesn't want to be on. He
said he had to fill out a release and he
did so we could talk, and I want to attempt
to ask some questions of him. Now for people listening,
Sean is doing a life sentence plus forty eight years,
(01:45:35):
so that you know, let's know, that's that's that's a
big deal. And he was convicted of first degree murder
and he was charged with burglary, and I don't I
didn't read the charge. I'm just going George Brocker trying
to explain it to me, but I don't actually have
(01:45:57):
the charging document. I have articles I'm reading. Okay, so,
and I'm really not familiar with the case and it
was many years ago. But basically the article says a
second man at the time, twenty nine year old Sean Birch,
has been convicted of murdering a witness in two thousand
(01:46:22):
and six. I left out the name of the witness,
doesn't matter. He was one of three men charged with
the killing. So you see, and perhaps the least known
and it says reputed gang leader Brian Hicks was found
guilty last month. Now this is going back to this
(01:46:42):
article dated twenty eleven. And then it says and it
says Willie Clark previously convicted of killing Broncos cornerback Darrent Williams.
Anybody remember that Jack? You were a copback then, right.
Speaker 17 (01:47:01):
Two thousand and six.
Speaker 1 (01:47:02):
I was okay, no, no, this was okay, okay, Yeah,
is also charged with murdering Clark. So they were all
charged with it. Now, that doesn't mean that any of
them or any one of them pulled the trigger. As
George Brockler explained, former district attorney, former talk show host
(01:47:22):
and Man about Town explained, you can be just there
and part of it and face the same consequences as
the person who pulls the trigger, but they were also
But but Sean was also charged with burglary, first degree burglary,
(01:47:45):
and felony murder. Again, he was found not guilty of
first degree murder. I excuse me, A first degree burglary
and felony murder. That is one charge. But then there
were two other charges, first degree murder and conspiracy to
(01:48:06):
commit first degree murder. Now, somehow Sean believes because he
was found not guilty of the first degree burglary and
felony murder, he couldn't possibly be guilty of the first
degree murder and conspiracy. And again, I've not talked to
one or texted one legal expert that agrees with that
(01:48:29):
and would never ever, ever ever try to appeal that.
So Shawn's on his own and he'll never win. But
he mentioned something else. And you've heard of cases being
overturned when it's shown that maybe evidence was withheld. Well,
he said that a video was withheld of a witness
(01:48:52):
who said they couldn't identify the shooter or they couldn't
identify the man or whatever. But in court that person testified,
and I was wondering why his defense attorney didn't get
the information that it wasn't him. Again, I am so
(01:49:14):
confused about this that I want to ask such basic questions.
It's going to be very silly for someone familiar with
the case, but I need to so, Sean, I just
need to ask questions. You have to bear with me,
and I really can't have you making speeches right now.
I really need to know this. Okay. So you were
the one of three people convicted here, and you're saying
(01:49:39):
you weren't even there. You weren't there for any part
of this at all, not one part of this. Okay,
got it? Hold on, I get it. And you said
all three men wore masks. What I'm asking you? Do
you know if the other two people are saying they
were not there either.
Speaker 8 (01:50:00):
They also said they're innocent too.
Speaker 1 (01:50:02):
Are they saying they were not there?
Speaker 8 (01:50:07):
They weren't there?
Speaker 1 (01:50:08):
Okay, during that time this allegedly took place. What is
your alibi?
Speaker 8 (01:50:17):
Well, this is a like, this is a cold case.
I know it wasn't there, but like, can you tell
me where you were ten years ago?
Speaker 1 (01:50:25):
No, but it wasn't ten years ago. I am positive
you had to have gone through this with a defense
attorney the very first thing. I mean, the conviction may
have been ten years ago, but sir, if I was
on trial for my life and my attorney was trying
to establish I wasn't there, I would remember my alibi.
Speaker 8 (01:50:44):
Well, I didn't do it. That was my alibi.
Speaker 1 (01:50:47):
But did the police did your attorney ask you if
you had an alibi back then?
Speaker 8 (01:50:54):
I believe she did, Yes, she did.
Speaker 1 (01:50:57):
Do you remember telling your attorney no, I couldn't have
on it. I was out having drinks with Harry. I mean,
like I.
Speaker 8 (01:51:04):
Said I was. I said I was at work or
at home? Okay, because I worked and I just went
at home.
Speaker 1 (01:51:10):
I mean, okay. Now what I want to know is
this then, But you have no idea. You have no
idea if the other two men are guilty or not right,
you have no idea.
Speaker 8 (01:51:22):
Well, no, they pleaded not guilty.
Speaker 7 (01:51:24):
His idea is.
Speaker 1 (01:51:25):
Okay, are they still maintaining to my website?
Speaker 8 (01:51:29):
Tom? That way you guys could get more?
Speaker 1 (01:51:31):
Oh good, Yeah, I'd love it. What is it? Yeah,
I'd love it.
Speaker 8 (01:51:34):
It's called it's called the Elements of a Wrongful Conviction
that Change dot org.
Speaker 1 (01:51:40):
Oh my god, that's the whole hold on that's why
no one will find that in a search engine.
Speaker 7 (01:51:44):
The element yeah of a wrongful.
Speaker 8 (01:51:51):
Conviction, A wrongful conviction, the elements of a.
Speaker 1 (01:51:54):
Would you make this website?
Speaker 15 (01:51:58):
My team do?
Speaker 1 (01:52:01):
And where did you get this team?
Speaker 8 (01:52:05):
A team of family members.
Speaker 1 (01:52:06):
Well, that's wonderful that you got all that support. It
says it can't. I'm typing it in as carefully as possible,
and it says can't be reached. The element of a
wrongful conviction dot org.
Speaker 8 (01:52:21):
At change dot org. Oh, change dot org.
Speaker 1 (01:52:24):
At change dot org. Okay, at at change Wait the
at sign or the word at.
Speaker 8 (01:52:32):
Yeah, the at sign, the at sign change.
Speaker 1 (01:52:36):
I've never seen an AT sign in a U R
L at. Okay, bro, I'll find I'll do it. But
I'm not saying hold on, uh, it's not coming up
like you're saying it.
Speaker 7 (01:52:47):
Just change dot org is the website.
Speaker 1 (01:52:52):
What? Oh wait, change dot org is okay, And then
the element of us Okay.
Speaker 8 (01:53:00):
I'm the wrongful conviction is the title of my page.
Speaker 1 (01:53:04):
There, I got it. Okay, So we have to.
Speaker 8 (01:53:06):
First I've been incarcerating Tom, so I don't know what
it looks like.
Speaker 1 (01:53:11):
Okay, So first we have to go to change dot
org to find it. Hey, somebody brought up somebody brought
up a good Uh, I'm getting I am getting texted
while you're talking, and it says it says here somebody
wants to know what? What? What do you want? I mean?
(01:53:33):
In other words, why are you calling me? What can
I do?
Speaker 8 (01:53:39):
I wanted to get my story out there because I
don't have a voice in prison, like they've been trying
to silence this case the whole time.
Speaker 1 (01:53:47):
Okay, I'm at I hear you. Now you want to
get the word out. I have change dot org. How
do I find your page on here?
Speaker 8 (01:53:57):
So you type in that the element?
Speaker 1 (01:54:00):
But where do you type it in? Because there's nowhere
to type it in? Wait? Is there a search? Where's
the search over on the right?
Speaker 7 (01:54:09):
Boy?
Speaker 1 (01:54:09):
I got it. I got a hold on I'm gonna
I'm gonna have to take a break hold on Sean. Heather, Heather,
what's going on with you? I don't want you. I
don't want to make you wait this whole time. You
say you were given the wrong medicine in an ambulance, Heather.
Can we try to connect with Heather? She's not coming
up right now. Please go with a sure thing Denver's
(01:54:35):
best roofer Excel Roofing dot com. You don't pay a
cent until you're content. Time for an insurance check up free,
no obligation. Comparison call Compass Insurance paying too much your
coverage at dozens of insurance companies find out now three
oh three seven seven one help. You'll think you're his
only customer when you choose Frank durand the real estate
(01:54:57):
Man dot com to list your home with three Max
Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Martino, you're troubleshooter. By the way, I went
to this website on one computer that shows a video.
I'm trying to find it on the other anyway. Oh yeah,
there it is, so on this thing he actually has.
(01:55:21):
Where the hell did you sean? Let me ask you, Yeah,
I'm here. Let me ask you where where did you
get this video.
Speaker 8 (01:55:31):
From? This came from the corrupt D.
Speaker 1 (01:55:34):
And then why would a corrupt DA show you exculpatory
evidence that he withheld? I don't get that part.
Speaker 8 (01:55:41):
Because let me explain that to you, Tom, Another DA
took over the case and turned the video over.
Speaker 1 (01:55:48):
Did this other D? Wait, did the other DA feel
this should have been in court.
Speaker 8 (01:55:54):
Yeah, that's what.
Speaker 1 (01:55:55):
Well, here's what I don't understand. I'm playing the takes.
Hold on, hold on, This guy is talking about who
he saw kill his wife. Correct, Well, if you guys
were all wearing masks, I'm not saying you, but the
three people that were there were all wearing masks. How
does he know they have the wrong people in custody?
Speaker 8 (01:56:18):
I don't. Well, watched the video. He tells you why.
He says that it looked like the guy that was
the shooter if he fitted the scription to the key.
If you hold on video, I'm listening, like, I.
Speaker 1 (01:56:35):
Want to tell people how they can see this video. Listen.
I want to tell people how to get to this
site in case they want to sign your petition, because,
as I said this, Sean, look, you're sitting in jail
for life plus forty eight years, you're convicted of murder.
You're saying you're innocent. What I said is this, I'm
not doing any harm by letting you get your story out.
For God's sakes, if I was in prison and I
felt like I was wrongly convicted, I for sure would
(01:56:58):
love at least someone listening to me. So I'm going
to give out the website. Well, there's not going to
do any harm, right, I mean, I don't know if
you're I just know this. It's not going to do
any harm exploring it. Okay, So here's what it is.
Go to change dot org. That's the name of the website,
change dot org. Once you get there, you go up
(01:57:19):
to the top right and there's a drop down menu
and you can do a search. When you search, put
in elements of a wrongful conviction. I imagine you could probably
even put his name in there. I don't know. But
once you put elements of a wrongful conviction in there,
then you can scroll through this and read about the case.
(01:57:39):
But the one part where you see the right, if
you look very closely, it's hard to see because it
doesn't look like a link. It just looks like a
boldface headline above the QR code. There's something that's written
in boldface, exculpatory evidence. If you click on that headline
(01:58:02):
exculpatory evidence or that bold faced well, I call it
a headline. If you click on that or a heading,
it'll take you to the video where the guy's sister
where the excuse me, the sister's brother the victim's brother. Oh,
her husband. The victim's husband is explaining who shot his wife?
(01:58:27):
And I didn't see it yet. I didn't. I didn't.
I didn't listen to it yet totally. But you're claiming,
you're claiming that in this video, he says. He detective Joe,
what does he say that exonerates you?
Speaker 8 (01:58:49):
He says, where he's seen the killers, and he describes
what they look.
Speaker 1 (01:58:52):
Like, but they were wearing masks.
Speaker 8 (01:58:55):
Video, well, some there's some descriptive information about he gives.
He says, the shooter had long hair that of a
Caucasian or Mexican male, and I.
Speaker 7 (01:59:08):
Don't have here.
Speaker 8 (01:59:09):
I never had long hair until I came to prison.
But my hair is not of that texture.
Speaker 1 (01:59:14):
Did any of the other did any of the other
suspects match the descriptions of the people?
Speaker 8 (01:59:20):
No? No, no, their here is.
Speaker 1 (01:59:23):
But how let me ask you this, how is it
that police arrests three wrong people? It just doesn't make
a lot of sense to me.
Speaker 8 (01:59:32):
Well, we have to look back to the Central Park five.
That didn't make sense. But I mean they've restified black
males in that case.
Speaker 1 (01:59:42):
Dragon, what Dragon?
Speaker 12 (01:59:43):
I thought i'd heard that this gentleman in the video
was on the stand and was being asked.
Speaker 1 (01:59:49):
And that's okay. That's another thing. So this guy that's
in the video, right, he also took the stand. He
also took the stand.
Speaker 8 (01:59:56):
Right therec He testified, Well, then.
Speaker 1 (02:00:00):
Why didn't on the stand? You got the wrong people
in custody?
Speaker 18 (02:00:08):
I don't, I could He took a please Yeald.
Speaker 7 (02:00:12):
Remember Detective hump.
Speaker 8 (02:00:14):
Was facing drug charges himself.
Speaker 13 (02:00:15):
Detective Humphrey of what he's trying to tell them, hold
on them. When he's trying to tell Detective Humphreys who
he thinks the killers are. They're so infatuated with already
investigating Sean. They say, we're not gonna turn this over
at the Sean.
Speaker 1 (02:00:32):
Let me Sean. Let me ask you something. Sean, let
me ask you something. Are you Are you able to
get visitors where you are?
Speaker 7 (02:00:40):
Yes?
Speaker 1 (02:00:41):
I am so I could come and I would be
able to visit you.
Speaker 8 (02:00:47):
Yes, if you get on my visit unless you can,
you can come and see me as you can.
Speaker 1 (02:00:51):
That's encouraging in Sterling, Colorado, because I.
Speaker 5 (02:00:54):
Could prove this.
Speaker 8 (02:00:55):
It's just a beluminous case. Man, I need somebody there.
Speaker 1 (02:00:58):
Sean, just wait a sayption, let me ask you something.
Do you know if they would allow you to take
a lie detector test?
Speaker 8 (02:01:06):
I don't know if they would allow that here, but
I know they allow you to come and see me.
Speaker 1 (02:01:11):
Okay, I can find out anyway. Do me a favor,
and uh, and make sure that I have your uncles
and it's your uncle the one on the phone with you, right, No,
it's my cousin, your cousin. Make sure your cousin, uh, Kachina.
Make sure I get this cousin's contact info. So, guys,
(02:01:32):
when you go to the website change dot org, you
you put in the search search for elements of a
Wrongful Conviction, and then go down to above the QR
code and click on the heading that says exculpatory evidence.
(02:01:52):
That'll bring you to a video where this guy's being
interviewed by the lead detective. Again, I don't have time
to do it right now, completely, I haven't it, but
according to Sean, that will point enough doubt to his guilt,
and it would have if they allowed it in court.
The problem is what I don't understand. Why would they
(02:02:13):
put this guy in the stand if he said in
the video you were the wrong people, And why didn't
he say that on the stand again. I have all
these questions, but I will look into it, I promise you,
and I can't promise I'm going to get your conviction overturned.
But as I said, I'm not gonna it's not gonna
be any harm looking into this now, Heather, I need
(02:02:35):
to talk to Heather. What kind of wrong medicine were
you given in the ambulance?
Speaker 7 (02:02:42):
Hi?
Speaker 14 (02:02:42):
Tom?
Speaker 6 (02:02:43):
Was given?
Speaker 1 (02:02:45):
Hi Tom? Hi? Hi? Now? Now when you say you
were given kenmine, were you in the ambulance voluntarily or
was this some kind of an arrest or some kind
of a drug thing or tell me what happened?
Speaker 20 (02:03:00):
No, so I had really bad cramps from my woman.
Yeah I'm and so I was hasn't ever given ketamine
in the whole you know?
Speaker 18 (02:03:09):
It says I've had existence?
Speaker 1 (02:03:11):
No, I got it. So you were having cramps and
called the called for an ambulance.
Speaker 7 (02:03:16):
Yeah that's good. That's how bad they got.
Speaker 20 (02:03:18):
But they never gave me payne medicine with ketymine. Hi Tom,
and I hope you're doing great and I miss.
Speaker 7 (02:03:22):
You so much.
Speaker 1 (02:03:24):
Okay, Now who am I? Who said that?
Speaker 7 (02:03:28):
Who said?
Speaker 1 (02:03:29):
What did you just say? Hi?
Speaker 7 (02:03:31):
Tom?
Speaker 1 (02:03:31):
I miss you? So much.
Speaker 20 (02:03:33):
Yes, that was me.
Speaker 1 (02:03:34):
Do I know you? Yes, you know me.
Speaker 20 (02:03:37):
You helped me with my mom when she died.
Speaker 1 (02:03:39):
Oh, I remember you. You were You were a mess, Heather, I.
Speaker 20 (02:03:46):
Was, and now I'm doing really good.
Speaker 1 (02:03:48):
All right, hold on, I'll come right Hold on, Heather,
I'll come right back to you. Go with a sure
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a cent until you're content. Time for an insurance check
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(02:04:11):
much your coverage at dozens of insurance companies find out
now three all three seven to seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter three
(02:04:33):
all three seven one three talk to three seven one
three eight two five five. Anyway, aren't they supposed to
release tapes like this from witness interviews during discovery? I
have to the defense attorneys. I mean, when you think that's.
Speaker 12 (02:04:50):
Where he's hung up on because he believes this tape
was withheld from evidence. I want to trying to get
on on pot.
Speaker 1 (02:04:56):
I gotta ask Sean that real quick here, Sean, did
did your attorney have access to this video before they
went before you went to trial? Did Sean hang up?
He might have because we got his information. I you know,
it does sound really strange that. I mean, if this
(02:05:17):
videotape was never made available to defense, it would have
definitely it would have definitely led to defense to ask
other questions. I mean, this guy was talking about people
that he says he knew them from the mall and
other things. I mean, and this is the guy, this
is the victim's husband saying, oh yeah, this guy's got
(02:05:41):
hair like this, and it was like this, And I
saw them later on at the mall and they remembered
me from that night. They didn't have their mask on,
but I knew it was them, and he didn't indicate
they were the ones in custody. At this point, I'm
going to read I'm going to look at the rest
of the tape. But here's what I'm all I'm saying,
(02:06:02):
is this, if this tape was really done, I mean
not really it was done. If this tape was withheld
from discovery. I don't know how much prosecutors have to
give or police have to give to defense attorneys. I
really don't know criminal law either way.
Speaker 12 (02:06:18):
That gentleman was on the stand and gave testimony there, Yeah,
but he's.
Speaker 1 (02:06:22):
Not going to volunteer it. He can only answer questions.
But here's what I'm saying, Dragon, if this guy was
on the stand, the last thing I would ask him
is was my defendant there? I mean, was my guy there?
I mean, I wouldn't because you never ask a question
you don't know the answer to, right, So that's for sure.
So therefore, I wonder if the defense attorneys had access
(02:06:46):
to this tape. The other question is are they required
to have access to all evidence? I don't know. I
was always you know, from all the movies. I'm serious
when I say this. I don't know anything about criminal law.
I don't know what there are you supposed to turn
over all evidence. And if they did withhold this interview
because it didn't sound very good, I mean, is that
(02:07:10):
could be a problem. That's what I'm going to look into.
It's the only thing I can look into. Look I mean, obviously,
you know you can't just take his word. I wasn't there.
And anyway, Heather, your turn, Heather again. Now I know
Heather from years ago. I helped her out when her
mom died and she has since come a long way.
(02:07:31):
How and then you had some cramps. You called an
ambulance and I've never heard of people it must be
that bad. Have you ever had female cramps before that
were that bad?
Speaker 6 (02:07:46):
Yeah?
Speaker 21 (02:07:46):
But they never gave me ketamine?
Speaker 1 (02:07:48):
Time wait wait, wait, wait, but I want to ask this.
You have had cramps where you called paramedics before?
Speaker 21 (02:07:54):
Yeah?
Speaker 1 (02:07:56):
So is this does this happen every every time you
get your peers or is this something special different?
Speaker 21 (02:08:03):
Yeah, it happens every time.
Speaker 1 (02:08:05):
Have you ever seen an obgyn?
Speaker 21 (02:08:08):
Yes? I have a polycystic over ea syndrome.
Speaker 1 (02:08:12):
Oh so you have a lot of cysts on your ovaries?
Speaker 7 (02:08:15):
Yes?
Speaker 1 (02:08:16):
I knew someone who had that and they they had
such terrible pain. One would burst now and then it
would it would send him to the stratosphere. So what
you're saying is you called paramedics, they came with an ambulance,
and how do you know they gave you ketamine because.
Speaker 20 (02:08:36):
They said it when I was getting out of the
ambulance and they were transporting me into the emergency room
and he said, I'm administering eighteen something. I heard him
say eighteen point five something of ketamine, and he seemed
like he was kind of a new paramedic.
Speaker 7 (02:08:53):
But the other one knew me already.
Speaker 20 (02:08:55):
So once I hit the emergency room doors, I just
remember passing out, of course, because it was medicine and
an IV.
Speaker 17 (02:09:03):
But Tom, I seen my mother even.
Speaker 1 (02:09:06):
Okay, now, the crap out of Heather, Heather, hold on, Heather,
I know you trust me, so I just have to
say something. I'm going to say this upfront, so we
so I don't make you go through this whole story.
I want to just to say this. I want to say,
for argument's sake, you're correct. They gave you ketamine and
they thought that was appropriate for some reason, and it
(02:09:27):
wasn't and you had a terrible reaction. Were you permanently
injured from it?
Speaker 21 (02:09:33):
Yes?
Speaker 20 (02:09:34):
How my memory loss and my hands going them.
Speaker 21 (02:09:38):
Now all the time, I can't even work as a
mechanic like I have for twenty one years.
Speaker 1 (02:09:44):
You're saying that one administration of ketamine destroyed your hands,
It destroyed my life.
Speaker 21 (02:09:52):
Oft hit scared the.
Speaker 1 (02:09:52):
Crap out of me. Makes Yeah, But Heather, I don't
know if that can happen. I don't know if anyone
in the world would ever take a case like this.
And first of all, it wouldn't be malpracticed because it's
not outside of the standard of care. Okay, it's not.
Let me explain what outside the standard of care would
(02:10:13):
be giving you. I don't know, candy cane or something.
What I'm saying is is that ketamine is not unheard
of in these situations. And if it was a tool
in their arsenal and a doctor said try ketamine, or
they radioed the doctor said this whatever, and you happen
to be someone who reacted badly to it, they aren't.
(02:10:37):
That is not negligent. That is not necessarily malpractice. I
shouldn't say it's not negligent. I don't know, and no
one would know unless you really explore it. But all
I'm saying is this, in addition to not only do
you have to have someone acting wrong or outside the
standard of care, there also has to be some kind
(02:10:57):
of lasting damage. You're trying to make the case there is,
But nowhere anywhere, anywhere have I seen one dose of
ketamine that could cause this damage. So did a doctor
ever tell you that one dose of ketamine could do
this to you? No, that's another element you need to
(02:11:18):
take action. You need a doctor to confirm that what
they did cause this or could cause it. Uh, Heather,
it could be that you're just having a terrible psychological
reaction to this and it's affecting you. It's not necessarily
(02:11:39):
something wrong with you physically. Is that possible?
Speaker 21 (02:11:43):
Yes, I understand.
Speaker 1 (02:11:46):
So how long ago did this happen, Heather? Two weeks
ago and you hallucinated and saw your mom there are
uh huh did you talk to her?
Speaker 21 (02:12:01):
I don't remember. I just remember being like I died
and I.
Speaker 1 (02:12:04):
Seen Yeah, so that's what it felt like. Did you
have Did you have nightmares after that? After that? Right now?
Do you have nightmares about it? Yes?
Speaker 21 (02:12:15):
I can't sleep because my hands always go numb. Now,
so I was like, I got to call my friend Tom.
Speaker 1 (02:12:21):
But do you think have you seen any doctors that
about your hands going numb? No?
Speaker 21 (02:12:29):
I haven't yet. But I had to let go of
my job and I I remember that day that I
had got to Ketemy and I stayed in the emergency
room for four hours, and the doctor wanted to give
me more medicine for pain, and I said, no, I'm
not comfortable with it. It's still coming off. And then
no one came back to it removed my IV. So
I've removed it my damn self. I said, you guys
(02:12:50):
haven't given you warning. I'm gonna leave and if no
one comes in here, I'm me taking with out myself.
Speaker 1 (02:12:57):
Came let me ask you do you have tingling your
feet and legs as well or just your hands?
Speaker 21 (02:13:03):
No, just my hands?
Speaker 1 (02:13:05):
And do they go how often do they go numb?
Speaker 21 (02:13:10):
And I got every ten minutes.
Speaker 1 (02:13:14):
And this wasn't happening before.
Speaker 21 (02:13:17):
No, because I was working as a mechanic members at
twenty one years.
Speaker 1 (02:13:22):
And you can't do that anymore.
Speaker 21 (02:13:24):
You can't do it anymore. I just remove my interurt.
I can't even put my injury back together to my hands.
Speaker 1 (02:13:31):
Heather, I want to Heather, hold on. I want to
try to get somebody on to talk about this. Tomorrow.
It's too late to get someone on now. Hey, Kachina,
can you make sure we have Heather's information? Please? Heather.
The reason I want to get your information, I'd rather
get an expert on rather than try to be an
expert on this. I doubt ketamine could have done that
(02:13:51):
to you, But we'll ask some people and then we'll
maybe Deputy Doc has some people we can ask, or
maybe he knows.
Speaker 21 (02:13:58):
And he also give me a horse lizer, like, what
are you doing well?
Speaker 1 (02:14:04):
Jesus listen, ketamine has been used for a long time.
It just hasn't been in the news. It's been used
a long time.
Speaker 21 (02:14:11):
Used any of this medicine before, No, like the medicine
in the book, but this one. You know why now, don't.
Speaker 1 (02:14:20):
I don't know if someone can have sensitivity to ketamine
that would give them permanent damage to their nerves in
their hands or something. When your hands go numb, do
you get any kind of tingling and the rest of
your arms?
Speaker 21 (02:14:33):
A little bit just on my wrist part. But see,
I mean it's probably from working as a mechanic for
all this time. I don't know. I don't know. I
just wanted to. I know that the ketamine killed that kid,
and I know that it's.
Speaker 1 (02:14:45):
A old I understand, but it doesn't it's not what
you think. I mean. I'm not saying ketamine should be
taken Willy Nilly but it's it's not a drug that
stays with you. It really isn't hold on a sec
h kitchina. Let's get her on tomorrow and try to
get an expert. I'm Tom Martino. We got more coming up.
(02:15:06):
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when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martine
here by the way, STS transpert. We had that story.
We did that thing yesterday about moving and storage and
how that guy's stuff was didn't arrive, I must say,
(02:15:49):
and I'll get into it tomorrow. But Scott Severs, the
owner up there. I wrote to Jimmy so to speak,
but I got a response from Scott saying We're taking
care of this. That's what I want to tell you,
and he says, we're going to be We're going to be.
We're going to be running a few days late, but
we're going to do it. I will get more into
this tomorrow because I don't have time, but I did
(02:16:12):
want to say I did hear from him sts transport
we had on yesterday, and we're very upset they weren't
talking about the problem. By the way, I also want
to talk about our real estate guests today. So Frank
Dran the realestate man dot Com and both Stephanie'll you'll
talk to people, whether they want a list or not,
(02:16:32):
just about what they can get for the house, what
they'll get on the market. Frank, you do a complete
analysis in writing on what they can do. Most definitely,
I visit the property, walk through the property. We even
do a zoom with him. So we talked through the
whole process. Tom Now, Stephanie, I asked you, how long
does it take you to get a house on the market,
to do it and do it well?
Speaker 3 (02:16:50):
I would say a good week, and it's it's really
photographer availability and a little bit of prep.
Speaker 1 (02:16:54):
Do you do videos too? I do? Okay, Frank, how long?
Same thing, same thing? Absolutely?
Speaker 9 (02:16:59):
Yeah, yeah, we want to get all the best shots.
Speaker 1 (02:17:01):
And does it cost homeowners anything? Does it cost somebody
wants to know does it cost to put a house
on the market.
Speaker 9 (02:17:10):
We build it into our price and we only get
paid upon closing, so we work up to you.
Speaker 1 (02:17:15):
Never asked for reimbursement if anything ever happens, Never have,
never will Steph same.
Speaker 4 (02:17:19):
You know same. I My whole goal is to sell
the house, so I work to sell it.
Speaker 1 (02:17:24):
Right, okay, guys, Frank Thrand the real estate Man dot
com three oh three nine two zero sixteen twenty two,
and then Stephanie's website seventy Thomas in the Spring, Stephanie
r e dot com and seven to zero two six
zero zero nine one eight. I'm Tom Martino. Don't forget
(02:17:44):
to call three oh three Martino for help, information and referral.
Save all your problems for me.