Colorado ‘Psychic Kay’ killer files murder case appeal

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‘Psychic Kay’ killer files appeal claiming attorneys failed to inform him of plea offer


Sady Swanson


Fort Collins Coloradoan
Published 11:25 PM EST Jan 31, 2020
John Marks Jr. (right) is serving 48 years to life in prison after a jury found him guilty of murdering his wife of 20 years, Kathy Adams, 57, in 2010.
Fort Collins Coloradoan archive

The man sentenced to prison for the murder of the 57-year-old Fort Collins woman known as “Psychic Kay” has filed an appeal claiming his attorneys failed to properly advise him of potential plea agreements.

John Marks Jr., now 57, was found guilty of second-degree murder and sexual assault in the 2010 death of his wife, Kathy Adams, known as “Psychic Kay.” He was sentenced to 48 years to life in 2012 and is currently serving his sentence at the Fremont Correctional Facility in Canon City. 

Adams’ body was recovered from a ravine off U.S. Highway 36 near the Boulder-Larimer County line in October 2010, according to Coloradoan archives. Marks was arrested on suspicion of second-degree murder about two weeks after her body was found. Initial arrest documents indicated that Marks was abusive and Adams had planned to escape to Atlanta and live with family before she was killed.

Marks pleaded not guilty in his initial case and has maintained his innocence, according to his previous defense attorney. 

Online court records indicate documents were filed to reopen the case in 2015, and the first petition was filed May 2017. The appeal was filed under Colorado criminal procedure that allows for a request for post-conviction relief if attorneys provided ineffective counsel during a criminal case. If approved, the judge could order a new trial or a modified sentence. 

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On Friday afternoon, Marks appeared in a Larimer County courtroom, where his attorney argued to 20th Judicial District Judge Nancy Salomone that Marks’ criminal defense attorneys failed to properly inform him of an offered plea agreement during his 2012 trial.

During Friday’s hearing, the defense attorneys and prosecutors from the 2012 trial denied the assertion that a midtrial plea offer — or that any formal plea offer — was made in the case. 

Defense attorney Derek Samuelson was appointed to be Marks’ attorney about a year into the case — in fall 2011 — after the public defender’s office removed themselves due to a conflict of interest, Samuelson testified Friday. 

Police shooting: Berthoud family sues Larimer County for shooting, ‘raiding’ at their home last year

After his appointment, Samuelson said he reached out to now Second Assistant District Attorney Emily Humphrey, the lead prosecutor on Marks’ case, to suggest a potential plea offer of manslaughter instead of second-degree murder. Humphrey refused the suggestion, Samuelson said.

Shortly after that exchange, Samuelson said he met Humphrey and now Larimer County District Attorney Cliff Riedel, Humphrey’s supervisor at the time, at a coffee shop in September 2011 to discuss the potential for a plea offer.

An email sent after that meeting from Samuelson to another defense attorney assisting with the case — Lisabeth Castle — said the district attorney suggested they may be open to an offer involving Marks’ pleading guilty to second-degree murder in a heat of passion, which could have led to a lesser sentence.

The discussion was not an official offer, Samuelson said.

Per the district attorney’s office policy, according to testimony by Humphrey and Riedel on Friday, to minimize harm to the victims or the family in a sexual assault or murder case, prosecutors might tell a defense attorney what they might consider a fair plea offer first. Then, if the defendant comes back with interest in taking a plea offer similar to what they discussed, that’s when the prosecution would bring the idea of a plea agreement to the victim or the victim’s family, not before that point. 

“There was absolutely no formal offer made to (Samuelson),” Humphrey testified Friday.

After having the initial discussion with Humphrey and Riedel, Samuelson said he went to the Larimer County Jail to speak with Marks. Because pleading guilty to second-degree murder in a heat of passion would still likely mean decades in prison, Samuelson said Marks declined to move further with it.

“What he told me was motivating him was innocence,” Samuelson said.

Hey Google, what’s the news in Fort Collins? You asked Google. We answered. Find it all in the free NoCoAsks newsletter. Sign up today! 

Castle also testified that no midtrial offer was conveyed to her, and she was not aware of one being conveyed to Samuelson or directly to Marks. 

“And (if we did receive a midtrial offer) I think that’s something we would’ve encouraged him to take,” Castle testified.

The appeal hearing was initially scheduled to finish Friday afternoon, but attorneys and the judge agreed that a second day of testimony is necessary. Because of scheduling conflicts, a date for the second day of the hearing has not yet been scheduled. 

Samuelson, who was not able to finish testifying Friday afternoon, will resume his testimony at that hearing.

Sady Swanson covers crime, courts, public safety and more throughout Northern Colorado. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Support our work and local journalism with a digital subscription at Coloradoan.com/subscribe.

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Week in Review: Apple’s rebirth as a content company has a forgettable debut – TechCrunch

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Hey everyone. Thank you for welcoming me into you inboxes yet again.

Hope you all had a wonderful Thanksgiving. After dodging your inboxes for a couple weeks as I ventured off to China for a TechCrunch event in Shenzhen, I am rested up and ready to go.

If you’re reading this on the TechCrunch site, you can get this in your inbox here, and follow my tweets here.

The big story

When Apple announced details on their three new subscription products (Apple TV+, Apple Arcade and Apple News+ — all of which are now live) back in March, the headlines that followed all described accurately how Apple’s business was increasingly shifting away from hardware towards services and how the future of the company may lie in these subscription businesses.

I largely accepted those headlines as fact, but one thing I have been thinking an awful lot about this week is how much I have loved Disney+ since signing up for an account and just how little I have thought about Apple TV+ despite signing up for both at their launches.

It’s admittedly not the fairest of comparisons, Disney has decades of classic content behind them while Apple is pushing out weekly updates to a few mostly meh TV shows. But no one was begging Apple to get into television. The company’s desires to diversify and own subscriptions that consumers have on their Apple devices certainly make sense for them, but their strategy of making that play without the help of any beloved series before them seems to have been a big miscalculation.

At TechCrunch, we write an awful lot about acquisitions worth hundreds of million, if not billions, of dollars. Some of the acquisitions that have intrigued me the most have been in the content space. Streaming networks are plunking down historic sums on series like Seinfeld, Friends and The Big Bang Theory. The buyers have differed throughout these deals, but they have never been Apple.

That’s because Apple isn’t bidding on history, they’re trying to nab directors and actors creating the series that will be the next hits. And while that sounds very Apple, it also sounds like a product that’s an awfully big gamble to the average consumer looking to try out a new streaming service. Why pick the service that’s starting from a standstill? Apple has ordered plenty of series and I have few doubts that at least one of the shows they plan to introduce is going to be a hit, but there isn’t much in the way of an early favorite yet and for subscribers that haven’t found “the one” yet, there’s very little reason to stick around.

Other networks with a half-dozen major series can afford a few flops because there’s a library of classics that’s filling up the dead space. Apple’s strategy is bold but is going to lead to awfully high churn among consumers that won’t be as forgiving of bad bets. This is an issue that’s sure to become less pronounced over time, but I would bet there will be quite a few consumers unsubscribing in the mean time leaving those on freebie subscriptions responsible for gauging which new shows are top notch.

Apple has also made the weird move of not housing their content inside an app so much as the Apple TV’s alternative UI inside the TV app. One one hand, this makes the lack of content less visible, but it also pushes all of the original series to the back of your mind. If you’re a Netflix user who has been subconsciously trained never to use the TV app on your Apple TV because none of their content is housed there, you’re really left forgetting about TV+ shows entirely when using the traditional app layout.

We haven’t received any super early numbers on Apple News+, Apple Arcade or Apple TV+, but none of the three appears to have made the sizable cultural splashes in their debuts that were hoped for at launch. Apple’s biggest bet of the three was undoubtedly TV+ and while their first series haven’t seemed to drop any jaws, what’s more concerning is whether the fundamentals of the service have been arranged so that unsatisfied subscribers feel any need to stick around.

Send me feedback
on Twitter @lucasmtny or email
lucas@techcrunch.com

On to the rest of the week’s news.

Image via AMY OSBORNE/AFP/Getty Images

Trends of the week

Here are a few big news items from big companies, with green links to all the sweet, sweet added context:

GAFA Gaffes

How did the top tech companies screw up this week? This clearly needs its own section, in order of badness:

Disrupt Berlin

It’s hard to believe it’s already that time of the year again, but we just announced the agenda for Disrupt Berlin and we’ve got some all-stars making their way to the stage. I’ll be there this year, get some tickets and come say hey!

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Mom of Aztec High shooting victim petitions for possible lawsuit

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Mother of Aztec High shooting victim petitions to possibly pursue wrongful death lawsuit


Joshua Kellogg


Farmington Daily Times
Published 6:49 PM EDT Oct 30, 2019
This is Casey Marquez, one of two students shot to death by William Atchison, 21, at Aztec High School, Thursday, December 7, 2017. Atchinson then turned a Glock 9mm on himself.
Tom Tingle/The Republic

FARMINGTON — A petition has been filed in district court by the mother of a teenage girl killed in the Aztec High School shooting to possibly pursue a wrongful death lawsuit.

Casey Marquez’s mother, Jamie Lattin, filed on Oct. 22 a petition for expedited appointment as her daughter’s personal representative under the New Mexico Wrongful Death Act in Eleventh Judicial District Court.

The petition states Lattin seeks appointment as personal representative to investigate and possibly pursue a lawsuit under state law, according to the petition.

Lattin declined to comment on the petition.

Francisco “Paco” Fernandez and Marquez, both 17, were killed during the Dec. 7, 2017, shooting at Aztec High.

Pending lawsuit

The mother filed a separate lawsuit against Aztec Superintendent Kirk Carpenter and the Aztec Municipal School District Board of Education on Sept. 23.

The Sept. 23 complaint alleges the defendants were negligent in the sexual abuse and harassment of her daughter by a former Aztec High School teacher, according to The Daily Times archives.

Former ethics and math teacher James Coulter is accused of two felony counts of criminal sexual contact with another 17-year-old Aztec high student in 2017. He was the assistant athletics coach for the AHS girls cheerleading team.

MORE: Case dismissed against Aztec Superintendent Kirk Carpenter

The lawsuit claims Coulter admitted to two incidents of sexual contact with Marquez and that he kissed her and hugged her, which caused much stress and anxiety for the girl. There is no jury trial scheduled for Coulter.

The defendants have not filed a response to the complaint.

New court documents

The Oct. 22 petition details how a personal representative is appointed by a district court for the purpose of a wrongful death lawsuit, according to the petition.

It details the information on the daughter, including city of residence, who she resided with, her parents and who had legal custody of Marquez.

Lattin requests expedited processing of the petition as the statute of limitations for filing any state tort claims for wrongful death in this case will expire on Dec. 7.

The girl’s biological father, Frederick Russell Marquez, on Oct. 26 filed additional court documents in support of Lattin’s petition.

The filing by Frederick states he does not oppose the mother’s appointment as the personal representative and gives his consent for Lattin’s appointment to investigate and pursue a possible claim for the wrongful death of Casey.

District Judge Curtis Gurley is assigned to the case and had not ruled on the petition as of the morning of Oct. 30.

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

Support local journalism with a digital subscription: http://bit.ly/2I6TU0e

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This startup just raised $8 million to help busy doctors assess the cognitive health of 50 million seniors

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All over the globe, the population of people who are aged 65 and older is growing faster than every other age group. According to United Nations data, by 2050, one in six people in the world will be over age 65, up from one in 11 right now. Meanwhile, in Europe and North America, by 2050, one in four people could be 65 or older.

Unsurprisingly, startups increasingly recognize opportunities to cater to this aging population. Some are developing products to sell to individuals and their family members directly; others are coming up with ways to empower those who work directly with older Americans.

BrainCheck, a 20-person, Houston-based startup whose cognitive healthcare product aims to help physicians assess and track the mental health of their patients, is among the latter. Investors like what it has put together, too. Today, the startup is announcing $8 million in Series A funding co-led by S3 Ventures and Tensility Venture Partners.

We talked earlier today with BrainCheck co-founder and CEO Yael Katz to better understand what her company has created and why it might be of interest to doctors who don’t know about it. Our chat has been edited for length and clarity.

TC: You’re a neuroscientist. You started BrianCheck with David Eagleman, another neuroscientist and the CEO of NeoSensory, a company that develops devices for sensory substitution. Why? What’s the opportunity here?

YK: We looked across the landscape, and we realized that most cognitive assessment is [handled by] a subspecialty of clinical psychology called neuropsychology, where patients are given a series a tests and each is designed to probe a different type of brain function — memory, visual attention, reasoning, executive function. They measure speed and accuracy, and based on that, determine whether there’s a deficit in that domain. But the tests were classically done on paper and it was a lengthy process. We digitized them and gamified them and made them accessible to everyone who is upstream of neuropsychology, including neurologists and primary care doctors.

We created a tech solution that provides clinical decision support to physicians so they can manage patients’ cognitive health. There are 250,000 primary care physicians in the U.S. and 12,000 neurologists and [they’re confronting] what’s been called a silver tsunami. With so many becoming elderly, it’s not possible for them to address the need of the aging population without tech to help them.

TC: How does your product work, and how is it administered?

YK: An assessment is all done on an iPad and takes about 10 minutes. They’re typically administered in a doctor’s office by medical technicians, though they can be administered remotely through telemedicine, too.

TC: These are online quizzes?

YK: Not quizzes and not subjective questions like, ‘How do you think you’re doing?’ but rather objective tasks, like connect the dots, and which way is the center arrow pointing — all while measuring speed and accuracy.

TC: How much does it cost these doctors’ offices, and how are you getting word out?

YZ: We sell a monthly subscription to doctors and it’s a tiered pricing model as measured by volume. We meet doctors at conferences and we publish blog posts and white papers and through that process, we meet them and sell products to them, beginning with a free trial for 30 days, during which time we also give them a web demo.

[What we’re selling] is reimbursable by insurance because it helps them report on and optimize metrics like patient satisfaction. Medicare created a new code to compensate doctors for cognitive care planning, though it was rarely used because the requirements and knowledge involved was so complicated. When we came along, we said, let us help you do what you’re trying to do, and it’s been very rewarding.

TC: Say one of these assessments enables a non specialist to determine that someone is losing memory or can’t think as sharply. What then?

YZ: There’s a phrase: “Diagnose and adios.” Unfortunately, a lot of doctors used to see their jobs as being done once an assessment was made. It wasn’t appreciated that impairment and dementia are things you can address. But about one-third of dementia is preventable, and once you have the disease, it can be slowed.  It’s hard because it requires a lot of one-on-one work, so we created a tech solution that uses the output of tests to provide clinical support to physicians so they can manage patients’ cognitive health. We provide personalized recommendations in a way that’s scalable.

TC: Meaning you suggest an action plan for the doctors to pass along to their patients based on these assessments?

YZ: There are nine modifiable risk factors found to account for a third of [dementia cases], including certain medications that can exacerbate cognitive impairment, including poorly controlled cardiovascular health, hearing impairment and depression. People can have issues for many reasons — multiple sclerosis, epilepsy, Parkinson’s — but health conditions like major depression and physical conditions like cancer and treatments like chemotherapy can cause brain fog. We suggest a care plan that goes to the doctor who then uses that information and modifies it. A lot of it has to do with medication management.

A lot of the time, a doctor — and family members — don’t know how impaired a patient is. You can have a whole conversation with someone during a doctor’s visit who is regaling you with great conversation, then you realize they have massive cognitive deficits. These assessments kind of put everyone on the same page.

TC: You’ve raised capital. How will you use it to move your product forward?

YK: We’ll be combining our assessments with digital biomarkers like changing voice patterns and a test of eye movements. We’ve developed an eye-tracking technology and voice algorithms, but those are still in clinical development; we’re trying to get FDA approval for them now.

TC: Interesting that changing voice patterns can help you diagnose cognitive decline.

YK: We aren’t diagnosing disease. Think of us as a thermometer that [can highlight] how much impairment is there and in what areas and how it’s progressed over time.

TC: What can you tell readers who might worry about their privacy as it relates to your product?

YK: Our software is HIPAA compliant. We make sure our engineers are trained and up to date. The FDA requires that we put a lot of standards in place and we ensure that our database is built in accordance with best practices. I think we’re doing as good a job as anyone can.

Privacy is a concern in general. Unfortunately, companies big and small have to be ever vigilant about a data breach.

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SoftBank

Fair, the vehicle subscription startup backed by SoftBank, is loading its executive team with veterans in the tech, venture and automotive industries as it seeks to build out its Uber leasing program and expand beyond North America.

Fair.com today announced three key hires to lead the development of its car subscription app, financing department and leasing program with Uber.

Jay Trinidad, a former Google and Discovery Networks executive, is now chief product officer. Trinidad will direct the company’s app development and technology efforts. Former chief accounting officer of TrueCar John Pierantoni has been hired as senior vice president of finance and risk.

Pat Wilkison, general partner of venture firm Exponential Partners — an early investor in Fair — will run the startup’s Uber program.

The three hires are critical additions for the three-year-old startup as it tries to convince consumers to try its car-as-a-service platform over buying or leasing a vehicle from a traditional dealership or other online sales upstarts. The advantage for Fair, aside from the $1.5 billion treasure chest it has amassed — is the platform itself.

The company was founded by automotive, retail and banking executives, including Scott Painter, former founder and CEO of TrueCar, on the premise that today’s consumers, including those in the gig economy, want flexibility.

Fair has tweaked the traditional lease to give consumers more options. Users can subscribe to the program and switch vehicles through the term of their “lease.”

It’s a capital-intensive business model that requires the kind of experience that Painter believes these three executives can deliver.

The hires will help drive Fair’s aggressive efforts around payment, infrastructure and financial planning as it scales its flexible car ownership model internationally and tries to make a name for itself on the global stage.

“A critical part of our transformation effort is deepening our bench of talented executives to set us up for success now and into the future,” Painter said.

The three hires come on the heels of rapid growth, a critical acquisition and huge Series B funding round of $385 million led by SoftBank, with participation from Exponential Ventures, Munich Re Venture’s ERGO Fund, G Squared and CreditEase.

“After closing $385M in our Series B, it’s time to put that capital to work for us to buy cars and propel growth—with this new executive team providing us with important insights and leadership.” Painter said in a statement. “Jay will eliminate execution risk and bring in operational and strategic expertise, Pat is an investor-turned-employee crusader, while John is a world-class financial and accounting expert around whom we can build a sound subscription business and strong auto insurance division.”

Fair acquired in January 2018 the active leasing portfolio of Xchange Leasing, a service Uber first established in 2015 to lease new and nearly new vehicles to drivers who did not come to the service with their own cars.

That acquisition laid the foundation for what has become a big piece of Fair’s business today. Some 45% of Fair’s cars are used by Uber drivers today.

Fair also has aspirations to expand beyond the U.S., Trinidad told TechCrunch in a recent interview. The company hasn’t publicly disclosed which countries it might go to first. Europe and Asia, particularly considering Trinidad’s long background in the region, would be the most likely markets for Fair.

In the next year, the company hopes to move into international markets and grow its workforce, which will likely mean moving into a bigger office, Trinidad said.

“I really think in a year’s time, at least in the markets we’re targeting such as Los Angeles and San Francisco, you’ll start to hear ‘Why not Fair a car instead of buying or leasing one?’ It will be a third option people consider.”

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