COLD AND IN THE WAY: DA puts new heat on old Aurora criminal cases

AURORA | When Aurora police Detective Steve Conner’s phone rang last year, he wasn’t expecting to hear Arapahoe County prosecutors on the other end. 

Until that call, the department’s cold case detective was convinced that prosecutors in Arapahoe County didn’t share his zeal for trying Aurora’s unsolved murders. Even in cases where Conner and other investigators felt they had enough evidence for a conviction, prosecutors in the 18th Judicial District had been reluctant to file charges in the often-difficult cases.

James Mercedes Fennell

Sonny Torres

Assistant DA Mark Hurlbert looks over his calendar July 29 at the Office of the District Attorney.The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Assistant DA Mark Hurlbert goes over his extensive list of cold cases, some dating back to the 1970s, on July 29 at the Office of the District Attorney.The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Piles of law books and revised statutes fill Assistant DA Mark Hurlbert’s bookshelves July 29 at the Office of the District Attorney in Aurora.The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Assistant DA Mark Hurlbert (left) discusses next week’s witness list with Deputy DA John Kellner July 29 at the Office of the District Attorney in Aurora. The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Assistant DA Mark Hurlbert (shown) discusses next week’s witness list with Deputy DA John Kellner July 29 at the Office of the District Attorney in Aurora. The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Assistant DA Mark Hurlbert (left) discusses next week’s witness list with Deputy DA John Kellner July 29 at the Office of the District Attorney in Aurora. The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Stacks of law books and revised statutes fill Assistant DA Mark Hurlbert’s bookshelves July 29 at the Office of the District Attorney in Aurora.The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Piles of paperwork pertaining to cold cases dating back to the 1970s fill Assistant DA Mark Hurlbert’s bookshelves July 29 at the Office of the District Attorney in Aurora.The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

Assistant DA Mark Hurlbert (right) discusses next week’s witness list with Deputy DA John Kellner July 29 at the Office of the District Attorney in Aurora. The new cold case unit has filed charges in four Aurora cases and prosecutors say they expect more in the coming weeks. (Marla R. Keown/Aurora Sentinel)

But on the other end of the line were prosecutors from the DA’s newly formed Cold Case Unit asking Conner about unsolved cases he thought could be solved. Prosecutors seeking out cold cases was a new one for Conner, who was used to being the one reaching out to the DA. They set a date to chat after the holidays, and Conner dusted off presentations of some cases he’d previously hoped to file charges in. 

“It was refreshing,” Conner said.

That phone call was a sign of a new aggressiveness toward cold cases in the 18th Judicial District, where the newly formed unit is dedicated to tackling some of the district’s unsolved crimes, including more than 200 unsolved murders. 

District Attorney George Brauchler formed the unit when he took office in early 2013 and so far, prosecutors have filed charges in four Aurora cold cases — two murders, one sex assault and one attempted murder. The Arapahoe County sheriff’s office announced charges against five people in a 2011 homicide on July 29.

Brauchler said cracking unsolved cases is crucial, especially when you consider the number of unsolved murders there are.

“That’s 200 people potentially that should be serving a sentence for taking another human life, who are, as far as we know, out and about shopping at the supermarket with us,” he said. “That doesn’t seem like justice.”

The cases can be difficult to try, in large part because witnesses in decades-old cases are difficult to track down and their memories sometimes foggy. Of the nine people charged so far by the unit, just one — Hosea Brown, accused of a 1996 sexual assault — has been convicted, and he was convicted only of a lesser charge of felony assault. The other eight are awaiting trial. 

Still, despite the difficult nature of the cases, Brauchler said he hopes to file more of them in coming weeks.

Brauchler said that when he was campaigning for district attorney in 2012, he consistently heard from police around the judicial district that they would like to see more focus on prosecuting cold cases. Investigators were often frustrated that after years of digging, cases hadn’t landed in court, he said.

Conner echoed that frustration and said the previous administration regularly balked at filing charges in cold cases.

“They invest a lot of time in these to not get them over the goal line,” Brauchler said.

Advocates for crime victims said the unit is a welcome addition.

“This is something that is necessary, it’s something that every DA’s office should have,” said Rob Wells, executive director of Families of Homicide Victims and Missing Persons.

Wells said the new unit is part of a trend statewide that has seen more focus on cold cases, including new laws that mandate better reporting of unsolved crimes and further testing of evidence, and a statewide task force focused on unsolved crimes.

The DA’s Cold Case Unit consists primarily of Assistant DA Mark Hurlbert and Deputy DA John Kellner with help from a few other prosecutors.

Sifting through old cases can be a slow, and only a handful of the crimes will result in charges, let alone convictions. But Hurlbert said the small percentage of cases that will be tried is still significant.

“We are solving these cases that are years old, and they are important for those victims,” he said. 

And while the unit wants convictions, their work is bigger than that. Hurlbert said in many cases, especially the decades-old ones, case files are jumbled because several investigators over the years have tackled them. At the very least, the unit can put fresh eyes on those cases, possibly test some previously untested evidence and leave a clearer picture for future investigators who might find the break they need. 

“There are cases that we were not able to get anywhere on, but we have left it in good shape for the next people,” he said.

DNA has been an important piece for investigators so far and likely will be going forward, but while the perception about cold cases might be that DNA is the crucial piece in all of them, Kellner said that is far from the case.

“It’s not always DNA, frequently it is not,” he said.

Instead, the break comes when someone is willing to speak with investigators. While the passage of time often means witnesses have passed away or disappeared, Kellner said it isn’t always a hindrance.

“It can actually work to your advantage, and of course technology is always advancing and that’s always on our side,” he said.

Sometimes, it’s a witness who was scared to talk at the time of the crime, but several years later their situation has changed and they are willing to come forward. Other times, a suspect who clammed up early might be confident enough years later to chat with investigators. 

Brauchler said he picked Kellner and Hurlbert because the pair have the patience needed to sift through difficult cases like these.

For Conner, who has been with APD for more than 30 years and spent the past eight as the department’s cold case detective, the new approach at the DA’s office has been a welcome change. Now, Conner said, he knows there are prosecutors there willing to tackle some difficult cases that they previously didn’t want to touch. 

In three of the four cases filed by the Cold Case Unit — a 2002 murder, a 2010 murder and a 2007 attempted murder — Aurora police had previously asked prosecutors to file charges only to be rebuffed. After the new unit looked at those cases, they agreed with APD and filed charges. 

Cold Cases Prosecuted

John Harrington 

Accused of killing his roommate, Cheryl Jensen, in 2002. Police long suspected Harrington of the crime, but it wasn’t until further DNA testing this year turned up new evidence that he was charged. He is behind bars and is due in court for arraignment in September.

James Fennel 

Charged in 2013 with killing Juan Gerardo Miranda-Hernandez in 2010. Fennel had been a suspect since 2011, but prosecutors then balked at charging him. He is behind bars on a first-degree murder charge and his trial is scheduled for August.

Hosea Brown

Charged last year with kidnapping and sexually assaulting a woman in 1996. The most-serious charges against Brown were eventually dismissed, but he pleaded guilty in early July to felony assault and a prostitution charge. He was sentenced to four years in prison. 

Sonny Torres

Accused of attacking and trying to kill a sleeping man during a 2007 home invasion robbery. Prior prosecutors balked at charging Torres but the newly-formed Cold Case Unit reviewed the case and charged him with attempted murder in early 2014. He was extradited from California in March and is due in court Aug. 8 for arraignment.