Wednesday, February 9, 2011
Steamboat Springs Part-time Steamboat Springs resident Brooks Kellogg remains in custody after a judge’s recent ruling denied, for the second time, his request for bail and release ahead of his murder-for-hire trial scheduled to begin March 7 at U.S. District Court in Denver.
Online records showed Tuesday that Kellogg, 72, remains in custody at a federal detention center in Englewood.
The Jan. 26 ruling by U.S. District Court Judge Christine M. Arguello upheld and echoed a Nov. 1 ruling by U.S. Magistrate Judge Kristen L. Mix, who also denied Kellogg bail. Arguello acknowledged in her ruling that Kellogg’s history and characteristics — he has no prior criminal record — could “appear to weigh in favor of release,” subject to conditions. But she said his assets, financial resources and other factors support continued custody.
“These characteristics also provide the defendant with the ways, means and motives to eschew prosecution and possible incarceration in a federal penitentiary,” Arguello wrote. “Given his age, the weight of the evidence, and the possible sentence of imprisonment, defendant has significant reasons
Motions related to the trial were due in writing Monday. Denver lawyer Larry Pozner, representing Kellogg, could not be reached Tuesday to comment on potential requests by the defense.
A pretrial motions hearing is scheduled for Feb. 25.
Kellogg has been in custody since he was arrested Oct. 19 at Denver International Airport on suspicion of trying to pay for the killing of Florida developer Stephen Bunyard. In June 2010, Bunyard’s First Land Development won a $2.38 million judgment against Chadwick Estates and Kellogg. The judgment could reach $2.5 million with interest.
Kellogg, of Chicago, is a managing member of entities including Chadwick Real Estate Group in Steamboat. He owns the Old Pilot Building, 1041 Lincoln Ave., and a home overlooking Rollingstone Ranch Golf Club.
On Nov. 3, a federal grand jury in Denver indicted Kellogg on one count of use of interstate commerce facilities in the commission of murder-for-hire and one count of solicitation to commit a crime of violence. If Kellogg is convicted, he could be sentenced to as much as $500,000 in fines and as many as 30 years in prison.
Kellogg’s business partner, Richard Friedman of Chadwick Real Estate Group and other entities, has consistently denied having any knowledge of the circumstances that led to Kellogg’s arrest. Testimony given Nov. 1 in U.S. District Court supported Friedman’s statements.
On Nov. 30, Arguello granted a government motion to redact, or black out, every mention of Friedman’s name in an affidavit by FBI special agent Kenneth Jackson, of the bureau’s Glenwood Springs office. The affidavit provides Jackson’s account of circumstances that led to the arrest.
The new version of that affidavit also redacts every mention of other people related to the case, including Bunyard and Barbara Blackmore, a Clifton woman who Jackson alleges conspired with Kellogg before notifying authorities.
“I’m extremely pleased to see that my name has been taken off the formal complaint,” Friedman said Tuesday.
— To reach Mike Lawrence, call 970-871-4233 or e-mail mlawrence@SteamboatToday.com