Arapahoe County – Lyn Kulenburg lay in terror on a cold cement floor in the back of an Englewood charity store on March 4, 1999, while a masked man with a gun robbed the place.
The gun went off. The store manager next to Kulenburg was shot in the leg. Police later told the women how lucky they were to be alive.
Kulenburg then watched as the criminal justice system went to work. Police arrested Christopher Salazar Cabias. Three years later, Cabias was convicted of several crimes, and he was sentenced to 40 years in prison.
Now, Kulenburg has her doubts about the system that could toss Cabias’ conviction because an Arapahoe County court reporter didn’t turn in complete trial transcripts to the Colorado Court of Appeals.
“I’m angry,” Kulenburg said. “I see this as a big black hole in the system.”
Cabias’ case is one of eight convictions that may be tossed out because court reporter Valerie Barnes says she cannot complete the transcripts. Barnes is suffering from memory loss as a result of chemotherapy and cannot help any further, according to her attorney, David Lane. Other court reporters have tried to decipher her notes but haven’t been able to complete them because of Barnes’ unorthodox note-taking style.
A judge Friday said he will offer an opinion in 60 days as to whether to throw out the cases.
“No one person should have that much control,” Kulenburg said. “I pay taxes for our court system to work. And this is a spot that doesn’t work.”
Colorado courts apparently agree.
In July, the Colorado Supreme Court issued a directive outlining expectations for court reporting in the state. The Barnes matter played heavily on the drafting of the new rules, said Karen Salez of the Colorado Court Administrator Office.
“We had old, old rules,” she said. “(The new directives) provide guidance to court reporters, courts and judges. Because there wasn’t a uniform application since that old policy was in place, we made sure situations like (the Barnes matter) would be addressed.”
Now, court reporters must be certified to a national standard by July 2006 or within a year of their hire.
Barnes apparently wasn’t, according to the National Court Reporters Association, which certifies court reporters in Colorado. Thirty-five states, not including Colorado, require voluntary or mandatory certification.
The NCRA’s certification requires a court reporter write between 180 to 225 words per minute, pass a written test, and have an understanding of professionalism and ethics as it relates to court reporting.
“Qualified reporters are going to be in a position where they can provide notes and job dictionary, so another reporter can step in,” said Peter Wacht, NCRA senior director for communication and public affairs.
Of the 335 NCRA-member reporters in Colorado, 244 are certified, Wacht said.
The new state directives require court reporters to become certified in real-time court reporting within five years. Real time uses computer software to produce an ongoing account of what is being said in court.
The real-time method produces an unedited transcript that can immediately be read by judges or attorneys.
The Barnes matter has been difficult for the court reporting community, said Jason Meadors of Fort Collins, two-time past president of the Colorado Court Reporters Association.
He likened it to “the same way that a qualified doctor or attorney would be horrified or angered to see the harm that an unqualified practitioner can cause,” he said.
