19/01/2024
The Timeline of Terror:
An Analysis of Recent Events Surrounding the attacks on Freedom of the Press, and other civil liberties.
This report aims to shed light on a series of concerning events that have taken place since April 23rd, 2023, which include illegal searches, illegal seizure of broadcasting equipment used to exercise constitutional right to freedom of the press, a questionable arrest on a holiday with double pay for the police force regarding an unrelated, ten month old assault case, a second unrelated arrest, with lack of evidence or probable cause, for attempted murder charges related to a crime from 3.5 years prior, and wrongful imprisonment with an unheard of, one million dollar bond, and a series of apparent prosecutorial misconduct within the judges, ADC counsel, and 4th Judicial District Attorneyâs office.
These events have created a sense of urgency surrounding the protection of constitutional rights to freedom of the press and raise questions about the misuse of power within the law enforcement system in Colorado Springs. This report will provide a chronological account of these events and analyze their implications on both personal liberties and journalistic integrity.
1. Introduction
On or about April 23rd, 2023, our broadcasting network, Family Flavors The Slide World Broadcasting
Network received an email alerting us to an incident involving a cross burning in front of a Yemi
Mobolade campaign sign. Yemi has been a longtime supporter of our organization, and vice versa. We supported him throughout his time on the campaign trail, and he supported us in our community outreach events. We were appalled and disgusted after learning this information, and in response to this serious act of racial hatred, we cover the story on our networks. However, little did we know that these events would spark a sinister chain of actions against us.
Shortly after this event and just days before election day, former sheriff Bill Elder publicly endorsed the city's first Black mayoral candidate. This unprecedented endorsement created significant anticipation and tension leading up to the election, as he had already promised his endorsement to Yemiâs opponent, Wayne WilliamsâŚ.
2. Illegal Raids, Searches, and Seizures
May 25th, 2023, only nine days after the newly elected mayor assumed office, our network became the target of illegal raids and harassment. During these raids, law enforcement officers conducted unauthorized searches and unlawfully seized broadcasting equipment that we use to exercise our Freedom of The Press.
Two 20-man task forces were simultaneously deployed, and these men raided the home of board member, Ashley Black Cloud, and the rehab center where President Phoenixx Ugrilla (Derrick Bernard Jr) was working. Ms. Black Cloud was forcefully pulled from her vehicle and sexually assaulted when Officer Dan Carter groped her va**na under the guise of âobtaining her phoneâ, even though there were female officers on scene. Phoenixx would later lose his job as a result of this illegal, unnecessary, 20 man show of force, simply to obtain his cell phone, and impound his company vehicle. Police will later deny taking this vehicle, even though it was indeed unlawfully taken, and impounded May 25th, 2023.
The manner in which these searches and Seizures were executed was not only a clear violation of many 4th amendment freedoms but also a direct assault on our Constitutional 1st Amendment Rights to freedom of the press. No charges were filed, or arrests were made as a result of these searches & seizures.
This incident serves as the starting point for the subsequent events discussed in this report.
3. Bogus Holiday Arrest
Four days later, on a Holiday, Memorial Day, during which police were paid double, ANOTHER task force was deployed, and a questionable arrest was made for assault charges from a completely unrelated incident 10 months prior. These charges had zero relation to the raids.
This is where the timing and motives behind this arrest raise concerns about the misuse of power and potential ulterior motives. The arrest warrants for this unrelated case were active during the initial raids, however, were not executed until 4 days later on the holiday, when CSPD Officers receive double pay. This was a gross misuse of taxpayer dollars, costing our city triple or more than if CSPD would have executed these on May 25th when making contact at the raids. We believe this was an intentional abuse of power within the CSPD to gainfully profit from taxpayer dollars.
4. Assassination attempt of Phoenixx and Cycily Harding (Board Member)
On the night of July 3rd, 2023, Phoenixx and Cycily were ran off the road by an unmarked black Dodge Ram. Two men fully dressed in tactical body armor emerge from the vehicle, the passenger throwing a giant cinderblock through the windshield of Mr. Bernard's Mercedes, the driver (later identified by Mr. Bernard as Det. Dan Carter) firing at least 6 rounds from a handgun into the Mercedes, before speeding off into the night. Who do you call when itâs the police terrorizing you?
5. Preliminary hearing on the bogus assault charges
Just three days later, On July 6th, a preliminary hearing was scheduled regarding the aforementioned bogus charges. The preliminary hearing offers an opportunity to assess the validity of the charges brought against the individual involved and serves as a critical point in the timeline of events. Mr. Bernard would not make his hearing this dayâŚ
Police would arrest him 1 hour before the hearing, on a second set of charges. Mr. Bernard was taken into custody for an arrest warrant that police had issued 4 days earlier. CSPD Officer Dan Carter, spent at least 25 hours sitting in front of Mr. Bernardâs place of business in these four days, encountering him daily and neglecting to serve this warrant on an alleged accused attempted murderer.
This is not only concerning due to the gross misuse of City funds, but highly concerning because when police have accused a citizen of attempting to murder two police officers, they have a duty to remove this person from the community immediately, not let them roam the public for four days. This in itself, is a disservice to our communityâs safety and a direct contradiction to the oath sworn by these officers. *** Mr. Bernard eventually had his preliminary hearing rescheduled for 7/13/23, where the first set of bogus charges for alleged assault were dismissed.
6. 2nd Arrest on Unrelated Bogus Charges
Further complications arose when, on the very same day, as the original preliminary hearing, July 6th, 2023 (1 hour before his hearing), Mr. Bernard was arrested for unrelated charges from an incident 3.5 years ago with vague and questionable probable cause., with nearly no evidence, and simply a witness on scene describing a black man with dreads running from the scene. A 3.5-year-old unsolved case where two police officers were shot at while investigating a crime scene. These new charges and the subsequent arrest raise suspicions about the pattern of systematic harassment and retaliation against the individuals and organization, for their involvement in exercising 1st Amendment Freedom of the Press rights. The timing of these new charges, the same day the original bogus charges were set to be dismissed, raises concern about the motives and validity behind these new charges.
7. The right to fair and reasonable bond?
As of July 17th, 2023, Derrick Bernard is being held in the El Paso Criminal Justice Center, on a one-million-dollar bond. This type of bond is reserved for capital crimes only, and is a direct violation of Amendment 8 of our US Constitution, âThe freedom from excessive bail, fines, and cruel punishmentâ.
This exorbitant bond amount raises concerns about fair treatment and the possibility of suppressing 1st Amendment Freedom of the Press rights through punitive measures. This bond was set as a retaliatory measure by Judge McGuire, using false information as a basis, and simply because Judge McGuire was forced to dismiss malicious charges against Mr. Bernard just the previous year.
8. Judge misconduct, prosecutorial violations, and state ADC defense corruption
Phoenixx is subsequently assigned to Judge Diana May. It was brought to the attention of his legal team, that Judge May has been married to a law enforcement officer, State Trooper, Tony May, for over 20 years. The request is made to his ADC state appointed lawyer, Michael Stuzynski to file a motion calling for the disqualification of Judge May due to this obvious conflict of interest (As the charges he is accused of are alleged crimes against law enforcement). Stuzynski would ignore Mr. Bernardâs request for disqualifying Judge May, as well as a list of other requests for motions in the following weeks that would have advanced his defense significantly.
Against his wishes, a preliminary hearing takes place under the authority of Judge Diana May. No probable cause is established, and Judge May admits that although the evidence presented proved zero probable cause, and nearly all was circumstantial and would not be permitted in a âreal trialâ, she would be electing to side with the prosecution, due to Mr. Bernardâs âCriminal historyâ, naming convictions from 2004, when Mr. Bernard was in Middle School. This was irrelevant and does not equate to probable cause for the current allegations at hand. After a complaint with the Colorado Attorney General, NINE DAYS LATER JUDGE MAY RECUSES HERSELF from this case, STATING REASONS OF âBIASED AND PREJUDICEâ.
August 16th, Judge Erin Sokol is assigned to Mr. Bernardâs case.
August 16th, motions are filed requesting Mr. Bernard be allowed another preliminary hearing AND bond hearing, as the previous ones were judged (self admittedly by Judge May) in a biased and prejudice manner.
August 18th, Judge Sokol denies said motions, stating Judge May did not have an issue with Bias or Prejudice until August 11th, 2023. This is impossible, as Judge May has been married to law enforcement over two decades and would clearly have a conflict from the first day of being assigned this case.
ADC lawyer Michael Stuzynski is asked officially to resign from Mr. Bernardâs case for over two weeks before finally filing a motion for a conflict hearing. Judge Sokol tells Mr. Bernard he will not be receiving any additional counsel and must proceed pro se if he intends to get rid of Mr. Stuzynski. He elects to do so, to get Stuzynski off the case. Mr. Bernard attends another procedural court date, and requests assistance from legal counsel at this time. Judge Sokol tries to appoint other ADC in courtroom at the time, and they decline due to conflict. She sets the hearing over for appointment of a new ADC Attorney. A week later, itâs determined by Judge Sokol, that âMr. Bernard has a conflict with everybody in El Paso County Apparentlyâ, and she would be seeking ADC from outside the city.
A week later, Becky Briggs is assigned to the case, and reports for the appointment of counsel court hearing. During this hearing, Ms. Briggs appears to be heavily under the influence of something. Visibly intoxicated, nodding out in court, dirty and disheveled clothing, bloodshot eyes, erratic body movements and jaw twitching, Ms. Briggs was clearly not sober. FFTSWBN investigators receive intelligence later this week suggesting Ms. Briggs is currently using narcotics. We issued an inquiry to her firm as well as a request to submit proof of a clean drug screen for her retention on this case. Ms. Briggs has not been cooperative.
On October 9th, 2023, two individuals visit Mr. Bernard at CJC. They identify themselves as members of his defense team, sent by Becky Briggs. Joey Russo, and Alexandra Miller. It is discovered later that these two insidious visitors were indeed NOT friendly. A currently employed COLORADO SPRINGS
POLICE DEPARTMENT INTERN, & DISHONORABLY DISCHARGED FORMER POLICE OFFICER & SHERIFF
CANDIDATE, that's the people Becky Briggs is PERSONALLY employing as Mr. Bernard's âdefense teamâ. Becky Briggs has been formally asked to resign since day 1 of being assigned to this case. She continues to ignore repeated requests from Mr. Bernard to remove herself from his defense.
9. A third illegal search and seizure
On Oct 5, 2023, Director and board member Ashley Black Cloud was detained at the El Paso County Courthouse, just minutes before HER PRELIMINARY hearing, (the same as Mr. Bernard was arrested on new trumped up charges minutes before HIS preliminary for the SAME bogus case). Masked officers detain her and show her a warrant to search her person. Her phone is seized, she is searched, and told she was free to go. She hurries to get to her hearing, as she has now missed it as a result of these officers. They send two large officers to follow her throughout the courthouse, and they enter her court hearing with her, and block the exit. Without counsel, and under duress and PTSD from being harassed and stalked by these officers, Ms. Black Cloud is forced by Judge Moller to proceed pro se with her preliminary hearing. It isn't until after this hearing, upon leaving the courthouse, Ms. Black Cloud realizes her vehicle has just been stolen. With no phone, wallet, money, or car, she is left completely stranded in downtown Colorado Springs. After calling Det. Max Nevarez, he confirms he did indeed tow the vehicle she drove to court that day. He stated he did not have a warrant to seize nor search her vehicle at the time but planned on âapplying for a warrantâ the following day. When asked what he was investigating, and what was being searched for, Det. Nevarez replied with, âIâm not telling you, I don't have to tell you.â The warrant for the vehicle has still never been seen. The vehicle remains in the El Paso County Impound lot currently. The EPSO impound refuses to release the vehicle just purchased by Ms. Black Cloud, but Dan Carter would call 3 minutes after departure from impound to further victimize her by trying to coerce her into making an exchange, help him get into the iPhone that was inside of the vehicle (that they had no warrant to search), and he would âhelpâ her, and tell the impound the vehicle was indeed hers. Upon explaining she was unable to unlock the phone they found, as it didn't belong to her, Sgt. Carters response was, âWell I guess that car doesn't belong to you eitherâ. This vehicle has been in the impound ever since and now set to be auctioned in the near future. There was never a warrant to seize nor search this vehicle.
10. Remember Remember the 5th of November, A third set of bogus chargesâŚ
November 5th, Ashley Black Cloud was called by police and informed she was being sought for an arrest warrant. The charge? Intimidation of a judge, a class 4 felony, with a 10,000 bond. When Ms. Black Cloud asked the officer what the charge was for, they said they would only discuss with her if she came and interviewed with them on video. When asked when or where this allegedly occurred, she was provided with the same answer. Ms. Black Cloud surrendered herself to the EPC Criminal Justice Center and was informed she was being charged with âRetaliation against a judge or public officialâ. Ms. Black Cloud inquired as to who the allegations were concerning, and what probable cause was given to obtain said warrant, and still relieved no details.
Becky Briggs will later send undercover police officers once again to try and coerce confession from Mr. Bernard at the EPC jail on this night. Alexandra Miller, an actively employed intern at Colorado Springs Police Department Major Crimes Unit, and Joseph Musso, disgraced Pueblo Sheriff Candidate, visited Mr. Bernard and tried to convince him they were simply mistaken with other people carrying the same namesake. They seem to have forgotten they left their business cards the first time they came. Researchers were able to prove they are indeed one and the same individuals. There are strict dress codes for visitation within the jail, however, Ms. Miller appeared this time wearing extremely short shorts, knee-high boots, and low-cut blouse, in attempts to distract Mr. Bernard from her true purpose, to gather information Bernard is holding on her fellow coworkers at the CSPD, and to try and coerce a confession of some sort. Neither of these agendas were fulfilled as Mr. Bernard simply told them he had nothing to say to them, and for them never to visit again. He again asked the two to relay to Ms. Briggs that he did not wish for her to remain as his legal representation.
11. A FOURTH SET OF BOGUS CHARGES AND AN ASSAULT ON A CHILD
November 15th, the mother of Derrick Bernardâs child and defenseâs star witness is arrested at work for misdemeanor charges of violating protection orders against Mr. Bernard. She is given an elevated bond of $50,000 and charged by police the next day for felony child abuse charges, relating to a recorded call-in which police listened as she cracked a joke about hitting their child if he did not stop misbehaving. She never actually hit the child, nor was she ever heard or seen abusing the child in any way. She was given another elevated bond by Judge McGuire, the same judge responsible for issuing the million-dollar bond to Mr. Bernard as retaliation for previous frivolous cases he was forced to dismiss against Mr. Bernard in 20222. He also issued a restraining order against the mother and her child, effectively orphaning young Phoenixx Bernard, 5 years old.
The real reason they arrested her is because she was set to be a witness supporting Mr. Bernardâs innocence and have now begun to try to extort and bully her into not being a defensive witness, and even falsifying testimony in exchange for immunity. This is a blatant act of terror on not only a witness, but a single mother, and more importantly, an innocent child. Her next court appearances are set for December 1st, before a SR Judge, in room S511, a change of division as well as judge, would be in order without explanation.
12. A New Evil ArisesâŚ
Mr. Bernard attends a pre-trial readiness hearing October 27th for case , the misdemeanor harassment. At this time, he requests Becky Briggs be removed from his case and he continue Pro Se. Judge Katzman grants Mr. Bernardâs request. He removes Becky Briggs from his case, and he confirms both the prosecution and defense are ready to proceed to the trial date set for November 8th.
Mr. Bernard was scheduled to begin a full jury trial for the petty misdemeanor harassment charge on November 8th, 2023. He dressed out, and was prepared to have his trial, when he was informed thirty minutes prior to the scheduled time, that his trial had been vacated. There will not be a trial that day, and this case would be moved to December 1, 2023, for a âStatus Conferenceâ. He was also scheduled the day prior, November 7th, 2023, for a review of counsel hearing where he was set to announce on the record, he wanted to fire Becky Briggs, after over a month of asking her off the record to remove herself from his case. Mysteriously this hearing is vacated and the next appointment regarding this case was moved without notice to unnamed mystery, âSR Judgeâ in room S511.
Mr. Bernardâs co-defendant in the Attempted Murder case, Aeeshawn Mathews, was due to appear for a Preliminary hearing on November 7th. However, his court date disappears from public dockets and records weeks before the hearing. This causes speculation and buzz around the streets, its intended purpose. He reappears on the public database just 48 hours before he is set to appear, but now his preliminary hearing has been vacated in DIV 10, is now set for a âStatus Conferenceâ, also on December 1st, 2023, before SR Judge.
Ms. Black Cloud was set for a pre-trial readiness hearing on November 7th as well, and her court hearing would also be vacated without notice. Now scheduled instead, for a âStatus Conferenceâ, December 1st, 2023, before âSR Judgeâ in room S511.
It seems strange to vacate and schedule 4 unrelated cases simply to bring them ALL together in the same place, and time, before this same mystery judge. And Strange it wasâŚ.
13. December 1st, 2023, Desperation Emerges & The Ultimate TRUMP card is playedâŚ
All four of these defendants are seemingly gathered in the same courtroom, on the same day, at the same time, for different unrelated cases, for reasons unknown.
Upon arrival, room S511 is found empty, and locked. We fully believe this was an intentional effort to conceal these trials from the news media and general public. Upon asking a clerk, it was reported these cases would instead be heard in room S405. Upon arrival to S405, there is no judge. She is appearing on the telephone via Webex. The mystery âSR Judgeâ is revealed to be Honorable Judge Kim Karn, a retired judge from Pueblo Countyâs 10th Judicial District. One must ask themselves, why is it, not one attorney from Colorado Springs, paid or not, will take this case? And, why not ONE JUDGE from Colorado Springs 4th Judicial District can preside over these cases without conflict of interest? We are now at a crossroads were the State Appointed ADC counsel as WELL AS the JUDGE hail from Pueblo County, Colorado.
Mr. Mathews would be seen first; his preliminary hearing would be rescheduled a FOURTH time to January 30th. It is apparent the court is resetting these preliminaries in effort to conceal vital information that can exonerate Mr. Bernard from his cases. Therefore, delaying Mr. Mathews proceedings repeatedly until AFTER Mr. Bernardâs cases, a direct and knowing obstruction of justice on behalf of the 4th Judicial District.
Ms. Black Cloud seen the judge, and had her cases rescheduled to a later date. She would later have her case recalled at the request of Becky Briggs. Upon entering the courtroom, Ms. BlackCloud recognized Becky Briggs and said hello. Becky Briggs told her attorney to ask that she does not talk to her, and her attorney relays the message. Becky Briggs proceeds to speak with District Attorney Jennifer Friedberg in a private conversation in the hallway. The two were overheard by a FFTSWBN investigative journalist speaking about Ms. BlackCloud. Becky Briggs can be heard saying, âThis bitch has to go downâ, and Friedberg saying in agreement, âI agree, I think you should press charges, Iâm going to call an investigator up hereâ. Judge Karn recalls Ms. Black Cloudâs cases and Becky Briggs lies to the court, stating that Ms. BlackCloud, âCalls her every day, wonât stop emailing her, and contacting herâ, and that she requests the court grant a no contact order on Ms. BlackCloud. Judge Karn issues said no contact order, with no merit or evidence proving Ms. Briggs false allegations.
Itâs now Mr. Bernardâs turn to be seen by Judge Karn. His cases are called, and his counsel is introduced, at which time, he states for the record that he does not recognize Becky Briggs as his counsel, as he personally requested she be fired the same day she was appointed, back on October 3rd, 2023. He continues to state that since October 3rd, 2023, Ms. Briggs has received multiple correspondences from his family, as well as himself asking to recuse herself from his cases, with no response. He again requests Judge Karn remove Ms. Briggs from his case, as he believes she is ineffective, and inefficient, as she has made zero attempts to visit or speak with him regarding his cases since her appointment.
Ms. Briggs addresses the court and requests that Mr. Bernardâs competency be evaluated. Judge Karn grants her request, even though the issue of Ms. Briggs being fired arose long before her concerns for his competency. Judge Karn informs Mr. Bernard that his competency has been questioned and now he must be evaluated. She gives a short advisement explaining that all his court proceedings are now, âOn Hold,â until said evaluation is completed. She informs him the state has 21 days to complete this.
Mr. Bernard reminds Judge Karn that any delay in his trial dates would be a violation of his Constitutional right to speedy trial in 180 days. Judge Karn stops him and tells him his speedy trial end date for Case CR2424 is ending in April of 2024, and his speedy trial date for case is ending in March of 2024. This information is incorrect, and Mr. Bernard attempts to explain to her that he entered not guilty pleas on those cases back in July of 2023. Making his 180-day deadline dates effective Jan. 10th, 2024, for case and January 17th, 2024, for case . She agrees to disagree and says it will be addressed later. Judge Karn then vacates the motion hearing set for 12/20/23 and states for the record there was never any motions filed by Ms. Briggs outside of the competency motion. She orders that the competency exam take place according to CO regulations, within 21 days. This means the Competency evaluation is to be completed NO LATER THAN 12/21/23. The issue of competency was only raised by Becky Briggs in an attempt to forcefully remain assigned to his case. She is under contract to make over $100,000 from the State of Colorado for her appointment to his cases. Recusing herself would mean forfeit of six figures, and she is trying to avoid that type of financial loss. The obvious reason the courts chose to address Briggs competency request before they address Mr. Bernardâs requests to fire Ms. Briggs, is because doing so effectively puts his proceedings on hold. With his speedy trial deadline quickly approaching January 10th, they know they will be forced to dismiss these charges against him, as he IS INNOCENT, and they do not have ANY EVIDENCE that could convict him successfully.
***Upon leaving the courthouse on this day, December 1st, Ms. BlackCloud is surrounded in the hallway by plainclothes agents claiming to be FBI, as well as Dan Carter (The CSPD officer that sexually assaulted her in May), and other CSPD officers. They show her paperwork 3 out of 4 pages, saying they have a warrant to collect her DNA via cheek swab. They threaten her with physical force if she doesnât comply, she reluctantly and fearfully submitted to their requests. They collect two swabs from her cheeks and place into a clear bag, and place inside of one of their breast pockets. She has submitted her DNA previously to the NCIS Database and questions why they are asking for it. She is told they do not have to tell her as it is an open investigation. They tell her she is free to go.
14. âYouâre going to end up like your boy Elijah (McClain)â âŚ. Another Illegal seizure by force
Its December 7, 2023, and Mr. Bernard is called from his unit inside the El Paso Criminal Justice Center to go to a âProfessional Visitâ. Upon arrival, he is greeted by Officer Nathan Jordstad of the CSPD, however he identifies himself in this interaction as a US Marshall, and an FBI agent, and Ethan Doherty, who identifies himself as FBI. He is told he must submit to a DNA collection and is shown a 3/4 pages packet of papers stating to be warrant. He tells them his is not submitting and believes these documents are fabrications. They grow increasingly angry, and then threaten to come back and forcefully take blood after obtaining âAnother warrantâ. Mr. Bernard continues to refuse; Ethan Doherty shouts out. âWeâll be back tomorrow Motherf**ker!!!â. They leave and he is escorted back to his unit approx.. 20 minutes later. He is searched before entry by the deputy on duty and told, âYouâre going to end up like your boy Elijah (McClain)â, referring to the Murder of Elijah McClain by forceful injection at the order of Aurora Police.
Terrified for his safety, Phoenixx begins making calls to family and friends, warning them of the danger that could occur the next day if they returned for him. His family and friends made calls to 911, the EPC Criminal Justice Center, and the Department of Justice, in effort to shine light as a shield for him. As everyone feared, Officer Jorstad and Doherty would indeed return the next dayâŚ
Its December 8th, 2023, Mr. Bernard is told he must leave to go see the same people as the previous day. He refuses and a team of deputies begins to gather in the hallway outside of the unit he is housed. They are fully geared in tactical wear, and they carry in a restraint chair. They then bring in a young black nurse named Damaris Kigo, she is armed with a needle, loaded up with Ketamine. Mr. Bernard is ordered to come into the hallway, or he will be brought by force. He complies. He is met once again, by officers Nathan Jorstad and Ethan Doherty, this time they have different paperwork. They tell him again it is a warrant for his DNA, and he must submit to a cheek swab. Mr. Bernard says he will not comply, and they tell him they are going to have him strapped to the chair and injected by this nurse. He looks at the young black nurse and asks, âYou really gonna kill me sis?â. Officer Jorstad interrupts and says, âSheâs gonna do what we tell her to do.â Mr. Bernard, fearful for his life, submits to their requests and two swabs of saliva are collected from his cheeks. The specimens are placed in a plastic baggie and tucked into Officer Jorstadâs pocket. Mr. Bernard had submitted his DNA to the National NCIS Database in 2019. Any law enforcement agency can access it by simply logging in. One now must wonder what the same crooked, corrupt cop that came with the illegal and unconstitutional raid in May, is now doing, walking around with physical DNA samples in his possession??
15. The Countdown on Phoenixxâs Sanity
After the issue of Phoenixxâs competency was raised by his own ADC appointed counsel as a counter to being fired. The judge granted her motion, and the Colorado Department of Health was given 21 days to complete this evaluation, and report back to the courts on 12/22/23 with the results. Mr. Bernard would not make it to court on this day, however. The courts received reports from the jail that Mr. Bernard ârefusedâ to come to court, a statement that was falsified by Deputy Riley and Sgt Dodge at the El Paso Criminal Justice Center. Mr. Bernard never refused to come to court and was eager to see the judge on this day. All parties appeared at this court date via Webex, the Judge, Becky Briggs, and Deputy District Attorney Friedberg. The DA, and Briggs inform Judge Karn that even though they were ordered to complete the evaluation within 21 days, it still had not been completed. The Judge was irritated at this information, and reluctantly ordered the evaluation be completed, and results returned, by January 9th, 2024. During this court hearing Becky Briggs requested the judge to give deputies court ordered permission to âForciblyâ bring Mr. Bernard to his next court date on January 19th, 2024, because she would, âHate to have to waive his right to speedy trial, or other rightsâ, without him present. The Judge denied her request stating that could be dangerous, and was unnecessary. Mr. Bernardâs sister, Mika, unmuted herself at this point, asking the Judge for proof that Mr. Bernard ACTUALLY refused court, and wasnât just being terrorized by officers at the El Paso County Criminal Justice Center, as he has been for the past six months. She proceeds to explain that she has called to the jail on multiple occasions, along with other family members, regarding the discrimination and mistreatment of Mr. Bernard. At this point the Judge asks Ms. Briggs if she has any knowledge of these incidents. Briggs replies by saying that she, âIs In frequent contact with Sgt. Dodge down at CJC regarding Mr. Bernardâ, and has heard nothing of the sorts. The judge orders her to follow up to get confirmation that Mr. Bernard ACTUALLY refused court.
**Mr. Bernard never refused court, he informed deputies that the broken ankle he had a year prior was swelling and it was difficult to walk, therefore he did not feel he could walk with shackles on his feet. He requested a wheelchair and was denied, he suggested handcuffs and body restraints, he was denied, and Deputy Riley said they were marking them as a refusal. The same way the other parties appeared via Webex; the jail also has the capacity to bring prisoners via Webex. This option was never offered to Mr. Bernard, and he never refused to go to his court proceedings.
It should be noted that since her appointment on 10/4/23, Briggs has not spoken with Mr. Bernard one time. No calls, no visits, and absolutely no work on his case, zero motions, yet admits to being in âfrequent contactâ with the same officer that keeps discriminating against and violating Mr. Bernard from inside the jail. Sgt. Dodge is responsible for his false ârefusalâ to go to court, stealing classified (protected) legal documents on two different occasions, as well as the constant denial to access the law library, access grievances, access medical care, and discrimination regarding food, and basic human needs.
January 2nd, 2024, A forensic psychologist by the name of Cristnei Aquino-Vado conducts a competency evaluation with Mr. Bernard via Webex. Mr. Bernard is told he must stand for the entire 2-hour evaluation. She asks him various questions regarding his understanding of the judicial process, and he is educated and informed with his replies. She stated she will compile her report and share it with the courts within 7 days. Cristnei Aquino-Vado has been licensed to practice forensic psychology in the state of Colorado effectively 9/23/23, simply 3 months prior to her evaluation with Mr. Bernard. During this evaluation, Mr. Bernard is asked if he would consider a plea offer of time served, and 2 years probation, in exchange for signatures on NDA and No Fault/ Release of Liability documents. To which he replied that would NEVER be an option, as he is NOT GUILTY of any of the crimes he has been accused of. She is required to provide her report to Judge Karn by January 9th, and we await the results at the next hearing, January 19th, 2024. This will be TWO DAYS BEYOND his speedy trial deadline of January 17th, 2024.
16. The Elevation of Secret Terrorism on Chairmen & Affiliates of Independent News in El Paso County
On January 9th, 2024, Secretary of Family Flavors The Slide WBN, Cycily Harding Dent, is approached by CSPD officers claiming to have FBI credentials. She is told if she continues to aid FFTSWBN or Derrick Bernard, she will be prosecuted. She will lose everything, they tell her. They try to get her to answer questions about unknown things, to give them information about affiliates of FFTSWBN and community events. They try to coerce testimony about crimes she has no knowledge of. She feels bullied, she feels terrorized, her health begins to fail her due to sheer fear and terror. She has been diagnosed with multiple disabilities that get intensified with high levels of stress. She goes into a health crisis and is forced to be bedridden; she is terrified to continue her duties as Secretary, and she goes into hiding.
On January 10th, 2024, Program Director Deanna (Sage) West is approached by two men claiming to be FBI agents, they are Nathan Jorstad (CSPD) and Wyoming FBI field agent, Ethan Doherty. They threaten her with legal action if she does not provide testimony about crimes she has no knowledge of. They try to bully her into co-signing false narratives and confuse her with misinformation in attempts to manufacture crimes. They were asking for information about the organization, community events, and affiliates she simply encountered on a professional basis. She was told if she continued to assist or communicate with FFTSWBN, she would be sorry. They reminded her they had samples of her DNA (collected months prior) and could ruin her life. She took this as a threat that they would frame her in the future if they didnât get what they wanted. She was left feeling violated, bullied, and terrified, and nearly lost her living arrangement as a result of the display of authority. She is now dealing with PTSD, and has slipped into a dark depression, fearful for her safety.
17. Implications and Conclusion:
The events described in this report highlight the timeliness and urgency of ensuring the protection of Constitutional 1st Amendment rights to freedom of the press, and 4th Amendment rights. Mr. Bernard is currently facing a life sentence for crimes he is not guilty of. The non-stop charades continue, and his rights are violated daily and deliberately. The blatant prosecutorial misconduct seems to be getting worse and worse. The illegal search and seizures, questionable arrests, and subsequent delays on arrest warrants, and continuous malicious prosecutorial violations raise significant concerns about the abuse of power within the law enforcement system in Colorado Springs and beyond. It is crucial that these events are thoroughly investigated to safeguard personal liberties, journalistic integrity, and the principles upon which the US Constitution is founded. We cannot look away from the face of tyranny, we must instead fight for justice, BY ANY MEANS NECESSARY.
