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Someday soon, the Supreme Court of the State of Colorado will issue a ruling on the Lisl Auman case, which just got some national attention with an article by Hunter S. Thompson and Mark Seal in the June edition of Vanity Fair.
Lisl Auman, in case you're new to this, is a young woman who was sentenced to life without possibility of parole for the murder of Denver police officer Bruce VanderJagt on Nov. 12, 1997. VanderJagt was shot by Matthaus Jaehnig while Auman was handcuffed in the back of a police car.
This case has scared and fascinated me since it happened; the first fright came when we saw that the shoot-out had to be really close to where one of our daughters lived then. We were so relieved when we finally got in touch with her and she said she'd been working downtown when it happened.
Also there was the report of the the 100-mph chase and gunshots along U.S. 285 as Jaehnig drove into the city with Auman as a passenger. That's a road we drive, and it has plenty of hazards without any help from a manic meth-head firing a gun from a speeding stolen car. There had been a similar chase just a few days before.
Then came the trial and conviction of Lisl Auman, then 21. followed by the sentence of life without possibility of parole.
The sentence appalled me, because she was really guilty only of being in the wrong place at the wrong time with the wrong people. She did something stupid which turned into something brutal on account of some friends of a friend who offered to help her get her stuff from an old boyfriend's place. But why charge her with VanderJagt's death? I wrote about it, which led to another frightening moment.
My father is in his 70s, and he was in the hospital one night when our phone rang at about 1:30 a.m. while I was comfortably asleep. I was sure I knew why, and I was dreading the message as I groggily reached for the phone. But it turned out to be Hunter Thompson, who keeps somewhat different hours than I do. He explained that he was also horrified by the Auman sentence; how on earth could you send anybody to prison for life for a murder committed when that person was in police custody?
I'd like to say that Dr. Gonzo and I hatched a plan to restore justice to Colorado. But in truth, I told him that I had no connections in big-time legal circles and that I'd written about all that I reasonably could about it. I didn't have the time or resources to pursue it further. I'm glad he did.
Come what may, there are some lessons here:
1) When a policeman is killed, somebody has to pay. If the killer is already dead, then some other party must be found and prosecuted, no matter how far the prosecutors have to stretch to make a case, no matter how many cops have to change their stories before the trial.
That's how America works these days; if the real guilty party is beyond the reach of human law, prosecute someone else.
2) Do not ever talk to the police without a lawyer, no matter how innocent you think you are. Until your lawyer gets there, keep your mouth shut. That's your right, and you should exercise it.
The deck is stacked against you when you talk to the cops. If you lie to the police, you could be charged with impeding a criminal investigation. If they lie to you, it's perfectly legal. You're a fool to say anything under those circumstances.
If Lisl Auman had had an attorney present during the police interrogation after the shooting, it's safe to predict that her sentence would not have been life without parole.
3) If you somehow end up in the company of a homicidal maniac whom you've never met before that day, pray that he lives through the shoot-out.
If Jaehnig had lived, the DA would have needed Auman's testimony. She'd have gotten immunity or a short sentence. So it's difficult to believe that she's now a threat to society, or that anyone will sleep better, knowing that she is locked up.
By all accounts, Bruce VanderJagt was a brave and decent man. His death in the line of duty was a tragedy. But Lisl Auman wasn't there when it happened. She was handcuffed in the back of a police car.
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