County Court, City and County of Denver, Colorado Lindsey-Flanigan Courthouse, Room 160 520 W. Colfax Ave. Find m Cwuniy One Denver, CO 80204 (Che 3 County ot Derwar, Coterago Plaintiff: “The Peopie of the State of Colorado oer 44 20H Defendant: WARREN H FOSTER . po OTT eens ‘Mitchell R- Morrissey, Reg. No. 13784 District Attomey, Second Judicial District a uscowy A By the undersigned Deputy District Attorney cours 201 West Colfax Ave., Dept. 801 Case Number: £ } Ci f Denver, CO 80202 4H Phone Number: 720-913-9000 Div: Criminal Cfras: Fax Number: 720-913-9035 COMPLAINT AND INFORMATION THREE CHARGES: COUNT 1: SEXUAL ASSAULT IN THE FIRST DEGREE, C.R-S 18-3-402(1)(a) (F3) {04011} ‘COUNT 2: SEXUAL ASSAULT IN THE THIRD DEGREE, C.R.S 18-3-404(1)(a) (M1) {04031} COUNT 3: ASSAULT IN THE THIRD DEGREE, C.R.S 18-3-204 (M1) {02031} AT LARGE a Warrant Requested Bond set at: $_TO0 . 2)i) Judge: el as Lad Date_/0 - =i ‘ Sig~ People v. WARREN. .OSTER Case No, Mitchell R. Morrissey, District Attorney for the Second Judicial District, of the State of Colorado, in the name and by the authority of the People of the State of Colorado, informs the court of the following offenses committed, or triable, in the county of Denver: 4: DEG) On or about August 1, 1998, WARREN H FOSTER unlawfully, feloniously, and knowingly inflicted sexual intrusion or sexual penetration, namely: Vaginal - Penile Intercourse on the victim, and caused submission of the victim to the sexual intrusion or sexual penetration through the actual application of physical force or physical violence; in violation of section 18-3-402(1)(a), C.R.S. COUNT 2: SEXUAL ASSAULT IN THE THIRD DEGREE (M1) On or about August 1, 1998, WARREN H FOSTER unlawfully and knowingly subjected the victim, to sexual contact knowing that the victim did not consent; in violation of section 18-3-404(1@), CRS. COUNT 3: ASSAULT IN THE THIRD DEGREE (M1) On or about August 1, 1998, WARREN H FOSTER unlawfully, knowingly, or recklessly caused bodily injury to in violation of section 18-3-204, CR'S. All offenses against the peace and dignity of the People of the State of Colorado.District Court, City and County of Denver, Colorado Lindsey-Flanigan Courthouse, Room 135 520 W. Colfax Ave, Denver, CO 80204 Plaintiff: The People of the State of Colorado Defendant: WARREN H FOSTER Dawn M. Weber, Reg. No. 23433 Chief Deputy District Attomey For: Mitchell R. Morrissey, Reg. No. 13784 A courtustomy a District Attorney 201 West Colfax Ave., Dept. 801 Case Number: 11CR04313 Denver, CO 80202 Phone Number: 720-913-9000 Div: Criminal Ctm 5B Fax Number: 720-913-9035 MOTION TO ADD COUNTS FOUR, FIVE AND SIX ADDED COUNT FOUR: Mitchell R, Morrissey, District Attomey in the name and by the authority of the People of the State of Colorado, further informs the Court that on or about September 9, 2000, WARREN H FOSTER unlawfully. feloniously, and knowingly inflicted sexual intrusion or sexual penetration on ‘ll causing submission of the victim by means of sufficient consequence reasonably calculated to cause submission against victim’s will, Further, the defendant was armed with a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article was a deadly weapon and represented verbally or otherwise that the defendant was armed with a deadly weapon, namely: HANDGUN, and used the deadly weapon, article, or representation to cause submission of the victim; in violation of section 18-3-402(1)(a),(5)(a\ID), CRS. SAUL’ 3-402; CRS. 3} ADDED COUNT FIVE: Mitchell R. Morrissey, District Attomey in the name and by the authority of the People of the State of Colorado, further informs the Court that on or about September 9, 2000, WARREN H FOSTER unlawfully, feloniously, and knowingly inflicted sexual intrusion or sexual penetration on (GNMEBS causing submission of the Victim by means of sufficient consequence reasonably calculated to cause submission against victim's will. Further, the defendant caused submission of the victim through the actual application of physical force or physical violence; in violation of section 18-3-402(1)(a),(4)(a), CRS. JAL AS: iT, 18 1)(a).(4) (04112)ADDED COUNT SIX: Mitchell R. Morrissey, District Attomey in the name and by the authority of the People of the State of Colorado, further informs the Court that on or about September 9, 2000, WARREN H FOSTER unlawfully, feloniously, and knowingly seized and carried }from one place to another without the consent of the victim and without lawful justification, Further, the victim was the victim of a sexual assault; in violation of section 18-3-302(1),(3)(a), CRS. OND DE IG, 18-3-302(1),3)(a), CRS. Dateds_ 2015 Respectfully submitted, Mitchell R. Morrissey District Attomey by: Dawn M, Weber, Reg. No. 23433 Chief Deputy District AttomeyCounty Court, City and County of Denver, Colorado Lindsey-Flanigan Courthouse, Room 160 led i County Court 520 W. Colfax Ave. ny & County of Decwer, Colorado Denver, CO 80204 Plaintiff: The People of the State of Colorado OCT 4 4 201 ‘Defendant: WARREN H FOSTER (DOB: 11/5/1968) THEM Macon Black/Male, 5°8”, 160 Ibs, Brown eyes, Black hair a counrussonny a Case Number: _/72 O43] 3 Div.: Criminal Ctr: 22349 /E8 ARREST WARRANT ‘THE PEOPLE OF THE STATE OF COLORADO TO: Any Peace Office authorized by law to execute arrest warrants: WHEREAS, the District Attomey for the Second Judicial District, City and County of Denver, State ‘of Colorado has this day filed a Complaint/information in this Court charging WARREN H FOSTER with the crime of Sexual Assault In The First Degree in violation of 18-3-402(1)a), CRS, Sexual Assault In ‘The Third Degree in violation of 18-3-404(1a), C.R.S. and Assault In The Third Degree in violation of 18-3-204, CRS.. AND WHEREAS, the Court has examined the attached affidavit and has satisfied itself that there is ‘probable cause to believe that the above named offense (s) charged have been committed by the above named person; and the District Attomey for this Judicial District has requested that an arrest warrant issue WHEREAS, for the above named person. THEREFORE, you are hereby commanded to arrest and bring WARREN H FOSTER without unnecessary delay before the nearest available judge of a county or district court. Bai fixed bythe Cott in the amount of § 500,000 pavep_/0//Y/) ORDERED: Ld ORDERED: Tulse Bisset Court Tadge Coady and Gletk, Disriet Court ~Qulsinl Duly Verit State of Colorado. ir County of, } RETURN OF WARRANT hereby certify that I duly executed this warrant as commanded by arresting: WARREN H FOSTER, DOB: 11/5/1968 on 2011. ‘Arresting Officer(County Court, City and County of Denver, Colorado Lindsey-Flanigan Courthouse, Room 160 520 W. Colfax Ave. Ghea in Cearty Coat Denver, CO 80204 Om ACM Cds Plaintiff The People of the State of Colorado Oct 1 4 204 Defendant, WARREN H FOSTER un (DOB: 11/5/1968) Biack/Male, 578”, 160 Ibs, Brown CoE ORE eyes, Black hair A COURTUSEONLY A. Case Number: R043 (3 Div.: Criminal cum: 4200)(58 SUPPORTING AFFIDAVIT FOR ARREST WARRANT 1, Detective LARRY D MOORE IL, of lawful age do swear upon my oath to the facts set forth below and on 4 contimuation pages: ‘Your affiant, Detective LARRY D MOORE II, a Police Officer with the Denver Police Department, was assigned to investigate allegations of Sexual Assault In The First Degree in violation of 18-3-402(1Xa), C.R.S., Sexual Assault In The Third Degree in violation of 18-3- 404(1Ma), CRS. and Assault In The Third Degree in violation of 18-3-204, CRS. by WARREN H FOSTER against £038) SERENE on DPD offense number 1998-29789. On November 6, 2010, Sergeant Anthony Parisi spoke to Cold Case Unit Detective Lamy Moore I Sergeant Parisi said that the Denver Police Crime Laboratory provided him with information regarding a DNA hit to physical evidence recovered in Sexual Assault case 1998-29789. Warren Foster, dob: 11/05/1968 matches the major source DNA profile from the victim's panties sperm fraction. The CODIS hit was a high stringency match at 13 genetic loci. Detective Moore knows . that CODIS is an acronym for COmbined DNA Index System, a database program which assists federal, state, and local crime laboratories in the United States and selected international law enforcement crime laboratories to foster the exchange and comparison of forensic DNA evidence from violent crime investigations. Detective Moore knows that a high stringency match at 13 genetic loci means that it is a complete match at all genetic testing locations. Detective Moore reviewed the Offense Report and learned that the victim, Rams Yam. dob: 04/89/1980, said that she took a ride from the suspect at 21 Strect and Larimer Street. ‘The suspect drove her then to 2615 East 46" Avenue (Colonial Manor Motel) where he sexually assaulted the victim on August I, 1998, between 3:30 a.m., and 4:00 a.m, The suspect was already named on the Offense Report as Warren Foster, dob: 11/05/1968, who lives at 2029 Larimer Street. ‘The location of the Sexual Assault, 2615 East 46" Avenue, is in the City and ‘County of Denver, State of Colorado.Page 2 Detective Moore reviewed the victim’s statement and the officer’s reports and leamed that the Victim just arrived in Denver from South Dakota. While looking for a shelter, a stranger offered her a ride in his blue van. She accepted. The stranger drove around before they got a motel room, and then went to buy drugs. The victim fell asleep after they retuned. She awoke when the ‘suspect was strangling her. The suspect then anally and vaginally assaulted the victim. The victim told the suspect that she was injured, so the suspect drove her to Denver Health Medical Center (DHMC), where she submitted to a sex assault exam. Officers responded to the hospital and dispatched additional officers to the Colonial Manor Motel at 2615 East 46" Avenue. The officers recovered bed sheets and the victim's clothing from room 215, The suspect was gone, but the motel records identified him as Warren Foster, dob: 11/05/1968, Detective Cleo Wilson was sssigned the follow up investigation. She interviewed the victim, but was unable to present her with a photographic lineup. Detective Moore searched computer records and learned that Warren Foster has a criminal history spanning 3 states for charges including smuggling marijuana, probation violation, eluding, and three arrests (twice in 1996 and once in 2000) for sexual assault, The 1996 case appears to have been dismissed at trial. The 2000 case does not have appeared to be filed, On May 27, 2011, at p.m., Detective Moore interviewed the victim, who now uses her ied name, SUMMED, at the Livingston Sheriff Department Headquarters in Livingston, Montana. The following is a synopsis of the interview. REE 101d Detective Moore that while in Job Corps she met MINES, who lived in Denver. MM told her that the victim could stay with her. The victim accepted the offer to escape an abusive relationship after she completed Job Corps. She came to Denver by bus. The victim arrived in Denver with 3 or 4 boxes of her belongings, The victim said that she called (3M, but there was no answer. She wandered around the bus station. She used all of her change and maybe a phone card to call MMMM The victim had/ag%34}'s address, but didn’t know how to find her friend’s home. She waited about 4 hours. ‘The person who later sexually sale Hs efieed a tre oat coats ot ive. He was a short, stocky black male. He offered to help the victim find! 's house. He had a fairly new biue van. The victim described the suspect's ploy of finding the victim’s friend. The victim told the suspect that @EINBIB lived around 24" or 26th and Arapahoe Street. He drove around for hours. He pretended to be lost. He drove up and down the streets and pretended to look for her friend’s place. He pulled over and talked to strangers who seemed to know him. At one point he pulled over and made a transaction. The victim didn’t recognize it then, but now believes that he was buying drugs. She believes that he was buying crack. After he bought it she believes that he used it. His eyes became bugged out. She didn’t use any drugs. He also drove to a dollar movie theater and asked if she wanted to see a movie. She declined and told him that she just wanted to find her friend, He also stopped at a liquor store, She told him that she didn’t drink, But hePage 3 bought her some sort of alcohol like “fruit preserves.” The victim used her fingers to indicate that the liquor bottles were about 6 inches tall. She drank 4 of them because she was scared. ‘The victim said that she was neither sober nor drunk. She was trying to calm her nerves. It was clear that he wasn’t going to take her to her friend’s house. He stopped at a place that had gates. That place now reminds her of a pre-release center or half-way house. It gave her the impression that he was on probation or had been a prisoner. He had stopped at so many places that she doesn't remember the timeline. ‘She hoped that the suspect wouldn't hurt her; she felt that she had no other choice. She thought that everything would be ok, because he would have already hurt her if he was going to. The suspect was acting crazy, like her sister. In the past, the victim was put in bad situations when her sister was binge drinking. The victim told Detective Moore that she “short circuited on what trust was.” Jn those scary situations the victim told herself that she hed to trust her sister even though she was scared. She felt that she had to do the same with suspect. She didn’t know what to do. She was terrified, hungry, thirsty, and needed a shower. She stayed because she did not want to leave any of her belongings. It was everything she owned. The suspect drove to a hotel and asked if the victim wanted to shower. She said no. He asked if she wanted to eat. She said no. He asked if she was sleepy. She said no. But she was hungry, tired, and wanted to shower. She lay on the bed, fully dressed, on top of the covers. She tried to stay awake, but fell asleep. ‘The suspect sexually assaulted her after she fell asleep. When she awoke the suspect was on top of her. She told him to get off of her. But he was able to pull down her pants and underwear. She tried to fight him off, but he was putting all of his weight on her. She began to cry when Detective Moore asked directly about sexual penetration. She said that he put his penis inside of her vagina. He was on top of her and she was facing him. He wasn’t able to stay inside her very long because she kicked and hit him and because her pants were around her thighs, giving her leverage. She resisted all of his efforts and was able to get him off of her. She pulled up her underwear and pants. But this made him enraged. He sat on her chest and put his weight into choking her. She began to blank out and was not able to breathe. He was trying to kill her. After the attack she saw that his attitude changed. It was as if he was coming off his high, He ‘was sweating and nervous, He questioned himself and looked scared because of what he did to her. She told him that she needed to go to the hospital because she was hurt. She told him that there were cameras at the hotel and they would know everything that he did. Over a period of about 1 % hours she continued to persuade him to take her to the hospital. She was very shaky and she promised him that she wouldn’t say anything at the hospital. ‘He took her to the van and drove to two different hospitals without stopping. Around noon he dropped her off far away from the emergency room at a third hospital. She walked to the emergency room and received treatment, At the hospital she talked to the police and submitted to the sexual assault examination, She was wearing the same clothing that she wore when she was attacked. The victim eventually went back home to South Dakota. Denver didn’t feel safePage 4 after the attack. To conduet the photo lineup procedure, Detective Moore solicited the assistance of Livingston Sheriff Deputy Jason Hopkin, 4911. Detective Moore did not tell Deputy Hopkin anything about the case. Detective Moore introduced Deputy Hopkin to the victim, then left the room and contemporaneously watched the procedure on a closed circuit television. Deputy Hopkin read the Photographic Lineup Admonition to the victim, who indicated that she understood. Deputy Hopkin then presented the lineup book to the victim. She viewed each of the 6 color sequential photographs and identified the photograph on page 6. She told Deputy Hopkin “That's him. Looks like him the most.” She completed the photographic lineup admonition identification report and wrote “This person looks most to what I remember.” Page 6 contains a photograph of Warren Foster. Detective Moore then returned to the room and Deputy Hopkin left. Detective Moore asked the victim about the differences between her current statements and her ‘statements when the case was investigated in 1998. The victim said that she doesn’t remember telling the suspect that she needed a ride. She said that she described the hotel to police because she didn’t know the name. She doesn’t remember if she was anally attacked. She can’t explain the initial report of an anal assault. On June 28, 2011, at 3:03 pm., Detective Moore received the victim’s medical records from DHMC. The records indicate that on August I, 1998, the victim was trested at DHMC. She was interviewed by Stacey L Kahl-Geyer who noted that the vietim was not feeling safe and was alone in Denver. She was telieved that she could stay at a shelter until her friend got back into town. Registered Nurse J Ratliff noted that the victim had red marks and pain to the neck where she was choked by the perpetrator. The victim was also treated by Doctor Lynn Yancey who noted mild submandibular edema. The Sexual Assault Form was also completed by Lynn Yancey. It indicates that the victim Jast had consensual sexual intercourse 2 44 weeks ago. She Teported that she was attacked by a black male first-time-acquaintance who choked her and made threats. The victim did not know if the suspect ejaculated. The listed sex acts are: unknown vaginal, no oral, attempted anal, no condom, lick/kiss breasts, no digital penetration, no foreign body. The narrative of this report indicates that the victim woke up to find the assailant kissing her breasts and began to struggle. He began to choke her and rolled on top of her to have vaginal intercourse, attempted anal intercourse, and unknown ejaculation. The physical exam indicates the following injuries; petechiae on face, ecchymosis circumferentially on neck, old bruises on right upper arm, fresh sed ecchymosis right upper arm, and a 3 mm laceration on the extemal genitals. After being treated, the victim was taken by the Denver Police Department to the ‘Women In Crisis Shelter. Detective Moore knows that ecchymosis is a skin discoloration caused by the escape of blood into the tissues from ruptured blood vessels. On July 2, 2011, at 12:32 p.m, Detective Moore searched for information about the suspect's vehicle. The Colonial Manor Hotel receipt shows that he was driving a blue vehicle bearing Colorado license plate, possibly ACW8865. Detective Moore contacted the Department of Motor Vehicle Master Files for information about Colorado license plate ACW8865 and learned that it had been registered to Warren H Foster on a 1988 Dodge passenger van, VIN:Page 5 1B4FK40335X213424. On July 8, 2011, at 1:10 p.m. Detective Moore spoke to @NSMMBINMME, She said that she remembered the victim. They went to school together. The victim was having trouble because ‘her boyfriend was beating her up. MMMM offered the victim a place to stay. While she was staying with 2/)>, Le NOTARY PUBLIC 201 West Colfax Ave., Dept. 801 Denver, CO 80202