Prosecution rests in Maketa case, defense begins their questioning

COLORADO SPRINGS, Colo. — After calling 24 witnesses to the stand, the prosecution in the case against for El Paso County Sheriff Terry Maketa rests.

Maketa’s team began calling witnesses to the stand to show that the former sheriff was simply doing his job during his time in office.

“You were in a constant state of fear and that fear came from sheriff Terry Maketa,” El Paso County Sheriff’s Office’s Public Information Officer Jackie Kirby told a jury Friday morning.

Kirby worked closely with Maketa as his executive assistant.

Some of the most damaging evidence against Maketa in the case against the missing Bill Elder file came from her.

She spoke about a meeting in Maketa’s office where the topic of a missing folder came up.

Kirby recalls Maketa looking to former undersheriff Paula Presley and told her “you need to bring me that file.”

When the defense questioned Kirby, they asked if they were specifically talking about Bill Elder or another Bill, Bill Claspell, who also had an internal affairs file.

Kirby said she assumed they were talking about the Elder file.

Also taking the stand was Bill Elder himself.

His time in front of the jury was swift, with the prosecution asking if he was any internal investigation against him before December of 2013. He said no.

Elder also told the jury he did not direct anyone from his campaign to steal a file.

The defense called to the stand Lieutenant Joseph Roybal, who was in charge of creating the Brady List.

He told jurors he was instructed to create a list to submit to the District Attorney’s office. He said those instructions came from Presley.

He said he looked through files in the internal affairs office to find deputies who were dishonest or didn’t tell the truth.

He said the only time Maketa saw the list was when it was completed and he had put a copy on his desk before sending it to the DA’s office.

The trial will resume Monday morning.

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