Perjury – 57 Year-Old Denver Woman Accused of Misleading Judge to Avoid Jury Duty, Criminally Charged

Update: see previous post and page – February 12, 2012 Women Committed Perjury in Highway Traffic Act Trial, Sentenced to 90 Days in Jail, Perjury, Bribery and Contempt

Dave Logan and Dave Kreiger (right). This story started after a Judge that had excused Susan Cole from jury duty on June 28, 2011 was listening to the Dave Logan radio show on Oct.11/11, where she heard a caller "Char from Denver" describe the extent that she went to to avoid "jury duty". Turns out that the Judge who excused this woman, was the same judge who heard this radio show. The actions by the Judge resulted in two felony charges being laid againt Susan Cole; who, if convicted, could face 6 years in jail, 3 years of probation and a fine ranging from two thousand to half a million dollars.

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The People of Colorado v. Susan A. Cole (DOB: 10/21/54)

What was once merely a gag on the television comedy “30 Rock” has become a reality, after a Denver woman faked a mental illness to avoid jury duty.

Denver resident Susan A. Cole was born on October 21, 1954.  She lives on South Decatur Street, Denver, Colorado in the U.S. She has three (3) grown children and two (2) grandchildren.  This 57-year-old woman is a beautician (has a hairstylist business) and claims to sell Mary Kay products. She received a summons in the mail, to report for jury duty in a Denver District Courtroom 4H on June 28, 2011.

On June 28, 2011 during jury selection process for the June 28, 2011 trial of the People of the State of Colorado v. David William Lucero 10CR04523 in Denver District Courtroom 4H, Susan A. Cole arrived as prospective juror #4361.   The Denver Judge that presided over this jury selection process and trial was the Honourable Anne M. Mansfield.

Susan Cole arrived to the Denver District Courtroom 4H wearing curlers in her hair, heavy make-up on her face, a shirt that bore the caption “Ask me about my best seller”, mismatched “reindeer” socks and mismatched shoes.

Susan Cole was selected for the jury panel, after she was sworn in by Judge Anne M. Mansfield.  When Judge Mansfield asked those in the panel if anyone in the panel  was unable to serve as a juror due to a physical or mental disability, Ms. Cole raised her hand. Susan Cole told Judge Mansfield that she suffers from post-traumatic stress disorder from military service, was the victim of domestic violence, and had been homeless. In response, Judge Mansfield excused her from the panel.  She did not have to perform her civic duty as a juror, performing jury service.

Susan A. Cole (aka "Char from Denver" & "Char Cole") who is a beautician/hair stylist by trade, looked worst than this when she went to court as a prospective juror on June 28, 2011

Four months later, on October 11, 2011, the  Dave Logan Radio Show on 850 KOA radio, was hosting a show on the topic of avoiding jury duty.

Susan Cole called the radio show between 6:00 p.m. – 6:30 p.m., identifying herself as “Char from Denver”.  She said that she was going to look “really cool” when she arrived at jury service. She told Dave Logon/Dave Kreiger that she deliberately dressed in a dishevled and uncoordinated fashion with the intent of appearing mentally unstable.  Char (Susan Cole) indicated that her appearance had the desired effect as it drew stares from fellow jurors on the panel and that she was ultimately excused by the judge in the courtroom. She also said that people she told about her experience thought it was very humourous. “For about two weeks after when my roommate and I would think about it, or I would tell my clients about it, we would cry we would laugh so hard,”

While this show was airing on the radio, Ms. Cole could not have known, that the same judge (Denver Judge Anne M. Mansfield) that she thought she fooled, was listening to her on-radio confession.  Judge Mansfield remembered this prospective juror, juror # 4361.  Judge Mansfield was not amused. Listen to: “Char from Denver” Radio Call on 850KOA.

The Honourable Anne M. Mansfield thought that “Char from Denver” had lied to her, under oath,  in order to avoid jury duty.

Judge Mansfield contact the Denver District Attorney’s office, who assigned the case to the Economic Crimes Unit at Large. The DA’s officer appointed an investigator to investigate allegations of Perjury In The First Degree in violation of 18-8-502, C.R.S. and Attempt To Influence A Public Servant in violation of 18-8-306, C.R.S. by Susan A Cole against Kelli Wessels (court reporter during the jury selection process), Judge Anne M. Mansfield and State of Colorado 2nd Judicial District.

If Susan Cole makes an effort, she can look good in the public and in photo's. This is the photo she used in her book promotion.

The DA’s Office checked juror logs from June 28/11 and tracked down Susan A. Cole, who insisted that much of the story she shared in court was true. However, none of it could be verified, prosecutors say.

Susan Cole has since admitted lying to the judge but attempted to explain her motivation for lying by saying she slept in late during the day she was scheduled to appear in court and was “distraught” over a motorcycle accident that had recently occurred near her home. She also claims to actually be suffering from PTSD from both an “abusive marriage” and her previous alleged traumatic military experience. The U.S. Army says it has no records verifying Cole’s claims. And Cole’s divorce records reportedly do not contain any evidence, or even allegations, of physical or mental abuse.

During the DA’s investigation, the investigator met with Ms. Cole at a Denny’s restaurant located at West Alameda Avenue and South Santa Fe Drive, in Denver, Colorado on February 23, 2012.

During the meeting, the investigator invited Ms. Cole to listen to the October 11, 2011 podcast (in which she called the Dave Logan show and identified herself as “Char from Denver”) from an MP3 player that he had, in order to refresh her memory.  She had already admitted that she had called that day and spoke as “Char”.  She declined listening to the MP3 player and asked the investigator if he was using the MP3 player to record their conversation they were having in Denny’s.  He told her that it was not.  She told him that she had previously used the pen name “Char Cole” in a book that she had written, called ” 7 Initiations with El-Way’s Secret“.  She told the investigator that her past problems had been outlined in the book.  She provided the investigator with a copy of her book.

After speaking to Ms. Cole and conducting a thorough investigation regarding the allegations and Ms. Cole’s assertions, the DA’s investigator made a recommendation on March 16, 2012 that a At Large Warrant be issued for the arrest of Susan A. Cole, Date of Birth (DOB) 10/21/54 for two felony charges: Perjury In The First Degree in violation of 18-8-502, C.R.S. and Attempt To Influence A Public Servant in violation of 18-8-306, C.R.S. by Susan A Cole against Kelli Wessels (court reporter during the jury selection process) , Judge Anne M. Mansfield and State of Colorado 2nd Judicial District.

Ms. Cole decided to turn herself in.  She was formally charged with two felony charges:

1. PERJURY IN THE FIRST DEGREE, C.R.S. 18-08-502 (F4) {25011}

2. ATTEMPT TO INFLUENCE A PUBLIC SERVANT, C.R.S. 18-08-306 (F4) {24051}

PDF Document: Susan Cole’s Arrest Affidavit

If found guilty of both felony charges, Ms. Cole could face a  jail term for six (6) years, three (3) years of probation and a fine ranging from $2,000.00 to $500,000.00.

Given that the prosecutor has a copy of the October 11, 2011 Dave Logan radio show podcast and given Ms. Cole’s statements after the fact, her defence counsel will have a tough time defending her.

Perjury in the First Degree (18-8-502)

  1. A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
  2. Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
  3. Perjury in the first degree is a class 4 felony.

Perjury in the first degree. A person who makes a materially false statement under oath, that he or she does not believe to be true, in any official proceeding commits a class 4 felony.

Attempt to Influence a Public Servant (18-08-306)

Attempt to influence a public servant. Any person who attempts to influence any public servant by means of deceit, threat of violence, or
economic reprisal commits a class 4 felony.

 

 

 

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