Denial of Evidence Impacts Federal Criminal Case Against African American Businessmen in Colorado Says Report from Friends of Justice and A Just Cause
Friends of Justice and A Just Cause, advocates for the wrongly convicted, take a closer look at six Colorado businessmen and their software business that was shut down by government actions
Denver, Colorado (PRWEB) May 21, 2013
A Just Cause and Friends of Justice announce today that Dr. Alan Bean, Executive Director of Friends of Justice will release his findings of the IRP6 case after a six-month investigation.
IRP Solutions is an African American owned company in Colorado that developed software for law enforcement. The case of the IRP6 (Kendrick Barnes, Gary L. Walker, Demetrius K. Harper, Clinton A. Stewart, David A. Zirpolo and David A. Banks) is currently under appeal in the 10th Circuit Court of Appeals. The men were convicted in 2011 and have been incarcerated at the Federal Prison Camp in Florence, Colorado since the summer of 2012.
“There is a lot to this story but during their trial they were not allowed to enter a lot of critical facts as evidence,” says Sam Thurman of A Just Cause. “We have long anticipated Dr. Bean’s report,” adds Thurman.
“To understand this story you must understand the timeline,” says Thurman. “Court records show that FBI Agent John Smith signed a sworn affidavit stating that IRP was ‘purportedly’ developing software after confirming that the company was legitimate,” adds Thurman. “Bean’s report reveals how detailed analysis and knowledge of this type of information during trial could have been a game-changer.”
In an affidavit Gary Hillberry, a retired U.S. Customs Special Agent In Charge wrote, “From January 2004 through October 2004, I attended a number of meetings at the IRP Office…” Hillberry stated there were delays in payment for services but, “…the three of us (Hillberry and other agents) decided that (IRP) truly had a viable… product and appeared to be moving forward to acquire state and federal law enforcement contracts… so we decided to continue to assist in the effort.” Court records show that Agent Smith requested assistance from Mr. Hillberry on January 11, 2005. Hillberry’s letter is dated January 18, 2005. The raid on occurred on February 9, 2005.
Dr. Bean examines the “bogus business theory.” Bean questions in his report, “Why did the U.S. Attorney’s office criminalize a debt collection case? The only justification is the bogus business theory: The IRP case departs from the typical failed-scam scenario for the simplest of reasons: the government´s case can´t stand up to scrutiny. The fraud alleged in the federal indictments is a mirage. The bogus business theory is bogus,” adds Bean.
Court documents show that a forensics analysis was requested of IRP’s software. The government insisted that an analyst previously used by the government conduct the analysis. Analyst Don Vilfer, Califorensics, concludes in a written report, “…it appears the CILC software (IRP Solutions) strives to… manage information throughout the criminal justice pipeline. No one software application would meet the needs of all agencies, but the functionality that we observed… would undoubtedly be of interest to many law enforcement agencies.” Records show that Vilfer is an Attorney, a Certified Fraud Examiner, a Certified Analyst for Computer Forensics and Decryption, and a former FBI Supervisory Special Agent for the White Collar Crime and Computer Crimes Squad. Though court records show that an analysis was requested, in the end the analyst’s report showing the legitimacy of the business was ultimately denied.
“Dr. Bean’s report takes a close look at how IRP was having serious talks with various government agencies,” says Thurman. But court records show that at each turn these pieces of evidence were denied. “The things that were not allowed in trial, Bean covers. He puts the puzzle together and shows that this was a debt collection case, but every time IRP was close to closing a deal the U.S. Attorney’s office in Denver interfered,” adds Thurman.
According to IRP proprietary documentation, the company was actively engaged with the Department of Homeland Security (DHS) and was working toward a $12 million pilot project. IRP also provided pricing to DHS for their Confidential Informant module of nearly $100 million. Company documents and email communication show that Amy Kurland, Philadelphia Office of the Inspector General was in detailed talks with IRP. “Just one of these contracts would have resolved IRP’s debt issues, but due to interference the deals didn’t close, and they (IRP) were not allowed to go into detail in trial to show all of the facts,” says Thurman.
“When the case went to trial in the fall of 2011, the jury never learned that the federal government had repeatedly frustrated IRP´s attempts to conduct legal business,” writes Dr. Bean in his soon to be released narrative, “Money for nothing: how racial bias destroyed six lives, stymied a black owned business and outraged an entire congregation.”
“This case is troubling. We are seeking a congressional inquiry,” says Thurman. “When justice can be blocked and people are not allowed to defend themselves by presenting solid evidence, the fairness that should exist in our legal system becomes like vapor; it vanishes.”
The case of the IRP6 (Kendrick Barnes, Gary L. Walker, Demetrius K. Harper, Clinton A. Stewart, David A. Zirpolo and David A. Banks) is currently under appeal in the 10th Circuit Court of Appeals. The men were convicted in 2011 and have been incarcerated at the Federal Prison Camp in Florence, Colorado since the summer of 2012.
Related story: Racial Bias Is the Foundation for a Federal Criminal Case Against African American Businessmen in Colorado Says Friends of Justice and A Just Cause http://www.prweb.com/releases/2013/5/prweb10693207.htm
For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org .
(Case of the IRP 6 is currently under appeal – US District Court for the District of Colorado, Honorable Christine M. Arguello, D. Ct. No. 1:09-CR-00266-CMA; Case Nos: NO. 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 and 11-1492)
Note: A Just Cause is collaborating with Jabar International on the development of documentary telling the IRP Story – “What Color Is The American Dream? The IRP6 Story: An American Dream Turned Nightmare”.
For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2013/5/prweb10753406.htm