10th Circuit Does Nothing About Judge's Rebellion
Denver, CO -- (ReleaseWire) -- 09/19/2019 -- On January 23, 2019, based on a motion filed by the Colorado Springs Fellowship Church (view motion online at http://bit.ly/2Ntk3U9), the 10th Circuit Court of Appeals ordered federal judge Christine M. Arguello to unseal and make public, records and transcripts from a criminal proceeding where it was alleged she secretly used her court to conduct religious attacks and persecution against CSFC's highly respected Pastor, Rose Banks who was not the defendant and has no criminal record. After nearly six months of failing to comply with the order, New York Attorney Bernard Kleinman petitioned the 10th Circuit to issue another order directing Judge Arguello "to do what [she] has already been directed to do." Kleinman also asked, that because of Judge Arguello's continuing recalcitrance and "bias" against Pastor Banks that she be recused, and the case be assigned to another judge. "As of September 2019 (eight months after the order), the miscreant Judge Arguello continues her defiance, while a recreant 10th Circuit refuses to hold her accountable or assign the case to another judge," says Cliff Stewart, CSFC's Chairman of the Board.
The criminal case concerns Gary L. Walker, who, as CEO of his Colorado Springs software company (IRP Solutions Corp.), was convicted of conspiring to commit mail and wire fraud charges in 2011. The government claimed that Walker and five codefendant executives made false statements about having a current or impending contract with a large law enforcement agency to induce staffing companies into extending credit to their company for temporary employee labor. Walker was sentenced in 2012 to 11 years in prison by Judge Arguello. Walker and his codefendants (known widely as the "IRP6") vigorously and publicly proclaimed their innocence for nearly a decade. But after spending a few years in prison, Walker filed a motion with Judge Arguello asking to be freed based on having his mind controlled by Pastor Banks, his mother-in-law of 30 years. According to an opposing brief filed by the Colorado U.S. Attorney, the "self-serving" Walker was absurdly claiming he should be freed because he was under a "religious spell" of Pastor Banks in committing crime of which he and his codefendants publicly said they were innocent of both on the Internet and during trial when they represented themselves (View gov't brief online at http://bit.ly/2Oe82Y3). Walker also claimed that the junior attorney (Gwendolyn Lawson, a CSFC parishioner) on his sentencing legal team was operating under a conflict of interest because she too was under the religious spell of Pastor Banks. The government, however, noted in their brief that the senior attorney represented Walker during the sentencing hearing and that Lawson didn't say a word.
Instead of denying Walker's frivolous petition, Judge Arguello, apparently motivated by personal bias against Pastor Banks and CSFC, granted an evidentiary hearing where she permitted testimony of more than a dozen disgruntled former CSFC parishioners for the obvious purpose of slandering Pastor Banks. After sealing virtually all court records (including Walker's petition and associated affidavit) in defiance of both federal law and the Constitution, the 10th Circuit ordered Judge Arguello make Walker's proceedings public (View 10th Cir. order online at http://bit.ly/2kFssfb). In his brief, Kleinman referenced the 10th Circuit's discussion of Judge Arguello's immediate release of Walker from prison based on her disdain of Pastor Banks' and bias against her Christian beliefs, including how Judge Arguello claimed Pastor Banks was responsible for Walker committing the alleged crime and how Arguello "praised Mr. Walker for divorcing himself from the beliefs of CSFC (View Kleinman/CSFC brief online at http://2krmwpU). The 10th Circuit also noted how Judge Arguello questioned whether Pastor Banks espoused values consistent with Christianity."
A sparse number of court records made public show Judge Arguello stating that Pastor Banks was a "vindictive" and "mean-spirited" "Christian" and "prophet of God" that not only controlled the minds of Walker's wife (Yolanda) and son (Kyle) but also the minds of codefendants David Banks, Ken Barnes, Demetrius Harper, Clinton Stewart and David Zirpolo. Codefendant David Banks (son of Pastor Banks) who worked side-by-side with Walker (his brother-in-law) as COO of IRP Solutions spoke to A Just Cause about Judge Arguello's bizarre behavior and irrational conclusions about his Mother, sister, nephew and other codefendants.
"First, the indictment centered around whether or not we made material false statements about having a current or impending contract with a large law enforcement agency to induce them into extending us credit for temporary labor, not around my mother," says David Banks. "What does that have to do with my 74-year old Mother (Pastor Banks) who was not mentioned in the indictment nor was she part of our business in any capacity whatsoever," adds David Banks. "I am incredulous that Judge Arguello harbors such deep hatred and bias against my Mother (who she's never met) that it perverted her judgment to the point she stated that my sister, Yolanda and my nephew, Kyle (both of whom Judge Arguello has never met), and us codefendants' minds and actions were and are being fantastically controlled by my Mother," says David Banks. "If Judge Arguello was convinced that we were all being controlled by my mother, why didn't she release us from prison as she did Walker?" asks Banks. "Judge Arguello knew Gary's claims of religious spells were absurd but she abused her power by using her court for the sole purpose of conducting a religious inquisition of my Mother, Pastor Rose Banks," concludes David Banks.
A Just Cause believes Judge Arguello is stonewalling to hide her alleged misconduct and bias that has existed throughout trial that resulted in the wrongful conviction of these men. CSFC also believes the 10th Circuit's refusal to enforce their order may be to continue protecting Arguello as they did in 2017 by dismissing a judicial complaint about the exact same religious bias and misconduct discussed in their order. The 2017 judicial complaint was filed by A Just Cause on behalf of Pastor Banks and members of CSFC, Yolanda and Kyle Walker and codefendants Banks, Harper, Stewart, Barnes and Zirpolo (View judicial complaint online at http://bit.ly/2vmk73J). Experts, including a former federal appeals judge have publicly discussed Judge Arguello's misconduct and/or bias during the trial.
Dr. Alan Bean, Executive Director of the Friends of Justice, conducted a six-month investigation into the entire case and issued a final report in 2013 titled "Money for Nothing: how racial bias destroyed six lives, stymied a black-owned business and outraged a congregation (View report online at http://bit.ly/2gGWGue)." Bean concluded that Judge Arguello's "bias was on display throughout the trial." After reviewing trial documents, former federal appeals Judge H. Lee Sarokin found that the IRP6 were not only innocent but also received an unfair trial at the hands of Judge Arguello and the government. Sarokin found "uncontroverted evidence" showing Judge Arguello violated the IRP6's "right against self-incrimination." Sarokin's writings about the IRP6 case can be seen online at http://'bit.ly2ykEsVh and in an interview with the Washington Post at www.wapo.st/29jXqSC
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