During a nearly seven-hour motions hearing in 2008, three criminal defense attorneys testified it was their “opinion” that Steve Nowlin fabricated evidence and had a reputation for being dishonest.
Defense attorney John Baxter requested the Oct. 23, 2008, hearing in Durango in an attempt to dismiss charges against his client, Jaydee Russell. Indicted by a grand jury, Russell was one of about 20 suspects involved in an interstate drug/theft ring that operated from February 2006 to August 2007. Baxter, who serves as attorney for Montezuma County, said he believed his client’s constitutional right to a speedy trial had been violated.
Assistant Attorney General Janet Drake, serving as prosecutor in the case, objected to the hearing, publicly questioning Baxter’s professionalism. Drake argued that the court had previously ruled on the request when other defense counsel represented Russell.
District Court Judge David Dickinson allowed Baxter to proceed. Baxter did so, in part, questioning criminal defense attorneys George Buck, Jr., William Herringer and Alex Tejada. According to the 249-page transcript of the hearing, Baxter argued six years ago that his three witnesses would show that a Colorado State Patrol investigator working the case had a reputation for being dishonest. The CSP investigator under scrutiny was Nowlin, who is running on the GOP ticket to become the next Montezuma County sheriff.
“Do you have an opinion on whether Trooper Nowlin is honest or dishonest?” Baxter asked Buck, according to page 36 of the transcript.
“Yes,” Buck replied.
“What is that opinion?” Baxter posed.
“Sometimes he’s honest; sometimes he’s not honest,” Buck testified.
Serving as a defense attorney at the time, Buck proceeded to outline several cases in which he questioned if Nowlin’s testimony had been accurate. On redirect by Drake, Buck testified that while later serving as the 22nd Judicial District Attorney that he never questioned Nowlin’s work or honesty as a state trooper, according to page 42 of the transcript.
Herringer was the second criminal defense attorney to testify. Starting on page 47 and ending on page 48 of the transcript, Herringer said he didn’t believe Nowlin was an “honest witness” in the cases on which he served as a public defender. On redirect, Herringer, now a 6th Judicial District Court Judge, testified he had no direct knowledge regarding the Russell case to render an opinion about Nowlin.
Alex Tejada, deceased, also testified as a defense attorney. He recalled “three or four” cases involving Nowlin. On page 52, Tejada said he believed Nowlin was dishonest, “but not all the time.”
“He’s a very intelligent, hard-working human being,” Tejada stated. “He’s done a great job in many cases, but if you look at him closely, he tends to be overzealous and quite frankly has lied.”
On redirect, Tejada admitted under oath that as a defense attorney, generally, he would be “adversarial” to Nowlin’s position in law enforcement, according to page 57 of the transcript.
Russell, who was later convicted in the case, also testified at the hearing, stating that he believed Nowlin was a “corrupt liar.” Russell’s criminal history, which included multiple felony convictions, dated to 1987.
Baxter had served as one of Russell’s attorney for about three months before the 2008 hearing, which occurred about 30 days before the start of the jury trial.
Both Baxter and Herringer recently declined interview requests by The Cortez Journal about the 2008 proceedings. Buck told The Journal that he stood behind his testimony.
tbaker@cortezjournal.com