Wyoming Court Papers.pdf - KELOLAND.com

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·----------------- Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 8 of 22 "Leadership Team" or "LT," consisted ofDefendant Brian Ketterhagen, Defendant Sarah Brew, Defendant Randy Hanson, and Deputy Gehlhausen. Deputy Gehlhausen brought a file he checked out from the Sheriff's archives to the attention ofthe LT members. This file and associated papers included a 1984 incident report of Sublette County Deputy Sheriff Hank Ruland with signed victim <strong>com</strong>plaints/statements, a written statement or letter of Rosa Hosking, and associated civil and criminal papers. After a brief review of papers in the file, the LT members found that it contained exculpatory evidence. However, Deputy Gehlhausen was instructed to leave the file with Defendant Ketterhagen, and the members chose to hide the contents of the file from everyone other than L T members. 13. After returning from an Evidence class in June, 2009, Deputy Gehlhausen found that the report was still signed out under his name. Deputy Gehlhausen then confronted Defendant Ketterhagen about the report, but Ketterhagen denied having any knowledge of the report. On June 25, 2009, Deputy Gehlhausen contacted Defendant Hanson to determine the whereabouts of the file. In a recorded conversation, Defendant Hanson acknowledged the existence of the report and told Deputy Gehlhausen the file was locked away in Ketterhagen's office and that Defendant Hanson would talk to Defendant Ketterhagen about it. 14. By October, 2009, Deputy Gehlhausen had heard nothing more about the report. Concerned that the report had not yet been turned over to the prosecutor or disclosed to the Defense, Deputy Gehlhausen recorded multiple conversations with the LT, urging them to tum Page 8 of 22
Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 9 of 22 over the exculpatory evidence. 15. The October 6 and 7, 2009 recordings show that the LT members knew the report to be exculpatory. During the recordings, L T member Ketter hagen explicitly states: "Yeah, well I agree, I don't feel it's our job. Well, I don't necessarily, well; you know you may be right. It's exculpatory." The LT members worried about turning the report over because it would fit Mr. Willoughby's alibi "perfectly," and stated Mr. Willoughby had "an ironclad alibi if we can't put him at the scene at 6 a.m." There is absolutely no doubt that Defendants knew the exculpatory nature of the evidence they were hiding, as shown by the following statements: "But see here's the problem, it's exculpatory so we did not give it up." "But I know all they're entitled to is anything in reference to Troy Willoughby, but what they're telling the Judge is they don't trust us, and they probably have a right not to at this point." This statement was made while laughing. The LT members also discussed seeking the advice of Special Prosecutor Tony Howard, but decided against it, stating: ''Tony, what about bringing him in on this ... to try to figure this out?" ''Tony ... Howard?" ''Yeah. ''No." Together the Defendants came to the decision to withhold and hide the exculpatory evidence Page 9 of 22
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Wyoming Court Papers.pdf - KELOLAND.com

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