Full report of all eight witnesses on day four of Maketa trial

COLORADO SPRINGS, Colo. — Today was day four of the former El Paso County Sheriff Terry Maketa trial, and eight witnesses took the stand as the prosecution tried to establish a pattern of misconduct by Maketa.

First on the stand was Carl Anderson, who was formerly with Correctional Health Care Companies (CHC) and suspended Wendy Habert, who was a health care contractor.

In a three hour meeting discussing firing Habert, Anderson said the environment was “hostile,” and that Maketa and Presley’s voices were elevated.

He said he “never felt confident walking into El Paso County offices.”

Second on the stand was Deputy Scott Deno with El Paso County, who said Maketa was the first sheriff he worked for.

On April 8, 2013, Lt. Peck called Deno to come back to the archive room, where internal affairs cases were kept in locked file cabinets.

Lt. Peck told Deno the Bill Elder internal affairs case file was missing. Elder was planning on running for sheriff at the time.

Deno said the missing file was well over an inch thick when he saw it last, but the last time he saw it was in the old El Paso County Sheriff’s Office at a different location.

Also, Chief Briester told Deno to make a personnel investigation number for Molach and Habert, saying that Habert was accusing Molach of sexual assault.

Deno did so, but was then visited by Maketa, who told Deno to “cancel” the PI number, and that it was “a misunderstanding.”

Deno followed Maketa’s orders, but wrote a memo and put it with the file, explaining what Maketa had asked him to do. Maketa did not object to this.

In 2014, Deno received a memo that they were going to further investigate into the Molach and Habert sexual harassment case.

Third was Sam Poppleton, AT&T Asset Protection Manager, who explained phone records tied to Travis Garretson and Kelly Trull, who now goes by Kelly McMahan.

Maketa was leaning forward and taking notes during Poppleton’s testimony, and seemed engaged when he was explaining the terminology of the phone records.

Fourth was Richard Hegstand, VP of the CHC, who implemented the hires and fires of the company.

In the fall of 2013, Hegstand fired Habert, after Maketa said they were going to lose their contract with the El Paso County Jail if Habert was not fired — and he wanted her fired within 48 hours.

Hegstand said his conversation on the phone with Maketa regarding Habert was professional, and it was a “matter of fact” and to the point conversation.

However, Hegstand was shocked. “If we were having issues with employees, I would be aware of it,” he said, regarding that he hadn’t heard any complaints of Habert until now.

Regardless, Hegstand did what Maketa told him to do, and placed Habert on administrative leave almost immediately.

Hegstand also admits he met with Habert at a local pizza restaurant off Woodmen Road to try and get a sense of why she was being fired, but he says he “got the sense that she was blindsided.”

Next was Lisa Montville, who then went by Lisa Kaiser, El Paso County Sheriff’s Office detective in the major crimes unit.

In August of 2013, she was assigned the Deputy Garretson and Kelly McMahan case, and she said it was not normal for her to be assigned domestic violence cases.

Wendy Habert was Kelly McMahan’s supervisor, and brought McMahan down to the sheriff’s office to be interviewed about the domestic violence allegations against her boyfriend, Deputy Garretson.

McMahan told Montville that her boyfriend, Garretson, was “the sweetest person in the world,” and he was the “best person she’d ever met in her life.”

Montville photographed McMahan’s injuries on her face, arm, and forearm.

Deputy Garretson was then brought in the same day for questioning about the domestic violence accusation.

At the conclusion of the interview, he was charged with third degree assault and harassment.

Montville said she had no reason to believe that McMahan was lying about anything, and there were no charges filed against McMahan that day.

Shortly after, Montville was told that McMahan was coming in for a second interview. Montville said she had no idea why, and that she “didn’t need to speak with her again” regarding the case.

McMahan comes in for the interview, and admits to drunk driving and striking her boyfriend Deputy Garrison as well.

Montville said it’s normal for a victim to recant a story and change it to lessen the loved one’s involvement in the case.

Based on District Attorney Gearhart, McMahan was arrested, but Montville did not agree with that decision.

“I do not believe she committed a crime,” she said in court.

Montville stepped out of the room when consulting Gearhart, before arresting McMahan, and noticed McMahan texting Garretson, who was waiting for her outside the room.

Text messages between the two were pulled up on the courtroom screen, and when she told him she was being arrested, Garretson responded “stay calm… called tm,” referring to Terry Maketa. He also said, “Ill get you out, don’t panic.”

Montville said she wanted to get what Wendy Habert had to do with the situation, and asked her to come in for an interview.

She agreed, came to the office, then denied and left. There was no follow up with Habert, and no charges were filed.

Sixth was Richard Stone, who worked in the El Paso County Sheriff’s Office for over 27 years.

Stone was made aware that the Elder file was missing when he saw a lieutenant standing by an open file cabinet, and it was clear a file was missing.

Stone said, “it was a big deal, that’s the only file I ever knew of going missing.”

In “November or December” of 2013, he stayed late because of a snowstorm. He said 25 minutes after everyone left, Maketa and Presley appeared at the door.

Stone said he’d never seen them stay at the office after hours.

Maketa went in to the archives room, where internal affairs case files are kept, and came out with a big file. He said he was taking it, and wasn’t going to tell him who’s it was. Maketa said he’d talk to Lt. Peck about it.

Stone went back to the archive room, checked every file before locking up, and noticed one missing, but didn’t know whose it was.

When he was then asked who took the Elder file, he said he believed it was Presley.

He said Presley then threatened to kill him, and his gun was taken away.

Stone’s children were also brought in for questioning. Stone’s son was on patrol, and his daughter was in the academy.

Stone said, “I felt like I was being targeted, and I wasn’t going to have that. I decided I was going to retire, and I walked out, pretty much.”

Second to last was Mitchell Lincoln, Bureau Chief for the El Paso County Sheriff’s Office, and an employee with the department for over 29 years.

He was to oversee the investigative branch of the law enforcement office.

He was a witness to the interview between Montville and McMahan, sitting in an observation room.

He was also told that Elder’s file was the one missing. When asked if that’s a big deal, he said, “it’s a huge deal.”

After a staff meeting where it was released that a file was missing, he came forward to admit that he knew whose it was.

He supported Elder in his bid to run for sheriff, and he was then removed from the investigation.

Last on the stand was Breanne Hornsby, former EPCSO crime scene investigator.

She processed the fingerprints on a hanging folder when Commander John San Agustin asked her to do so.

She applied two different fingerprint-pulling techniques with no success. She said it’s hard to pull from paper, especially in Colorado’s dry climate, which dries out finger oils.

She eventually found out this was the Elder file.

This is a developing trial and story. Stay with FOX21 for all updates on the Maketa trial.

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