ASHLEY PATTERSON - 14 yo (2009) - Pueblo CO

After a lengthy preliminary hearing highlighted numerous pieces of evidence
against Paul Wayne Stark, a Pueblo district judge ruled Friday that there is
enough evidence to go forward with his murder trial.

Stark, 65, is charged with first-degree murder, sexual assault on a
child and child abuse resulting in death for the March 29 killing of
14-year-old Ashley Patterson.
Stark has not entered a plea in the case. Patterson's partially nude
body was found in a field not far from her home. She was wrapped in a
trash bag, and her hands had been tied behind her back.

Patterson and Stark were neighbors.
Friday's hearing was interrupted for about a half-hour after Stark
complained of losing his sight. Medical staff from the Pueblo County
jail tended to him, and he was able to complete the hearing.
During the hearing, detectives from the Pueblo County Sheriff's
Department talked about how they investigated the scene and how they
followed a trail -- literally -- to Stark.
Detective David Clements told the court that he found Patterson's body
in a field in Pueblo West, placed between two tire tracks.
He told the court he followed those tracks back to the Stark home in
the 600 block of Clarion Drive and also matched an "oddball tire" tread
to the back passenger tire of Stark's truck.

He said the other three tires appeared part of a set, but the fourth tread didn't match.
Other evidence from the truck included green paint that could be a
match for a green stain on Patterson's foot and a small piece of
plastic that appeared to be from a trash bag.
Clements testified to finding Patterson wrapped in a black trash bag,
that her head was wrapped in a separate, clear trash bag and the girl
was nude from the waist down.

Clements also told the court he found what appeared to be blood on the inside of Patterson's legs and on her genitals.
He said that he also found one of Patterson's shoes in Stark's bedroom
as well as an earring that appeared to match one found near Patterson's
body.

Patterson's glasses and another shoe were found in a bag in a trash bin outside of Stark's home, Clements said.

He said in that bag there also was a prescription receipt for Stark's wife.
There was also testimony about an injury to Stark's hand.
The detectives said Stark claimed it was from an accident with his pliers while he tried to fix a birdhouse that day.
The pliers were never found and Clements said a doctor in Colorado
Springs determined that the injury was a bite mark and that its pattern
matched with Patterson's teeth.
Sheriff's Detective Leroy Mora testified about a video taken from
nearby Zabukovic Motors showing a vehicle driving from the area of
Stark's home to the area where Patterson's body was found.

The video also shows a person getting out of the truck and walking back to the Stark house and then coming back to the truck.

Under cross-examination, Mora said little more could be discerned from the video.
The truck and driver were far enough away that no make or model could
be determined from the video, nor could any determination be made about
the gender or body type of its occupant.
Detective Shane Bryant was present during Patterson's autopsy and
testified that the cause of death was asphyxia due to strangulation, or
suffocation from the bag.
Bryant said the autopsy also revealed a fracture to Patterson's pelvis
and external, "superficial" damage to her genital area. He said there
was no internal damage found during the autopsy.

More evidence may be available later.
The Colorado Bureau of Investigation is still processing stains and
fibers found on Stark's bedding and on his and Patterson's clothing.
District Judge Victor Reyes spent no time in rendering his decision
that, based on the evidence presented, the trial will go forward on all
charges.

Stark is set for arraignment Sept. 21.

Crime scene photos highlight Stark murder trial

Prosecutors' evidence took up all of Friday's proceedings.
Posted: Saturday, July 17, 2010 12:00 am

By JEFF TUCKER | jtucker@chieftain.com | 0 comments

The second day of the murder trial of Paul Wayne Stark was highlighted by the presentation of graphic crime scene photos of the body of Ashley Patterson, 14, and a step-by-step accounting of how investigators traced tire tracks from the body back to Stark's home.

The trial recessed early Friday and Stark's defense team didn't have the chance to cross-examine Pueblo County Sheriff's Detective Dave Clements, who described the state of Patterson's body as it was found in a field near her Pueblo West home.

Clements also testified that he found tire tracks near the body and deep ruts that suggested someone may have gotten stuck in the field.

He talked about how he followed the tracks back to the Stark home and Clements went into detail about what he saw in the truck's bed and the mud caked on its wheels.

Patterson's body was found March 29 in a large field between Clarion Drive and Spaulding Avenue.

Stark, 66, is charged with first-degree murder, child abuse causing death and sexual assault on a child.

Clements said he found tire prints that appeared to match the tread to one on the wheels of Stark's truck.

He also found a few footprints in the mud.

One was near Patterson's body while another was further away.

Both footprints had what Clements described as a "wavy" pattern and one print appeared to have a shoe size on it.

Clements also said he found boards near the Stark home that were similar to one found in one of the tire ruts.

He also found a large piece of metal in the back of the truck that appeared to have a small piece of plastic caught on it.

The metal also had a green substance or paint that may have rubbed off on Patterson's socks, he said.

Clements also walked the jury through the photographs of Patterson at the crime scene.

The pictures were graphic enough that the monitor used to project them was turned away from the audience so only the jury could see them.

Public Defender Kim Karn objected to many of the photos, arguing that their contents were so shocking that it outweighed any prosecutorial value they had.

Patterson's body was found partially wrapped in a black trash bag.

She was nude from the waist down and her head was wrapped in a separate clear bag.

Clements said the photos depicted all of these things as well as evidence of sexual assault and evidence that Patterson may have been run over by the vehicle trying to leave the field.

An autopsy revealed she died from asphyxiation.

Pueblo County Sheriff's Deputy Jonathan Post also testified Friday.

Post was the first to find Patterson's body after he and his K9 partner Major were called to look for Patterson that afternoon.

The court also heard from Patterson's grandfather Larry Dowd, who testified that he and his daughter Jennifer Patterson conducted their own search for Ashley before sheriff's deputies were called.

The trial will resume Tuesday.
http://www.chieftain.com/news/local/article_7522ac58-916e-11df-9412-001cc4c002e0.html

Updated: 2:10 PM Jul 19, 2010
Murder Trial In Death Of Young Girl Declared Mistrial
The murder trial for a man accused of killing a young girl and leaving her body in field in Pueblo West, has been declared a mistrial Monday morning.
The murder trial for a man accused of killing a young girl and leaving her body in field in Pueblo West, has been declared a mistrial Monday morning.

Paul Wayne Stark of Pueblo, is accused of the first-degree murder of 14-year-old Ashley Patterson. The trial had just started on Thursday, July 15. On Monday, a mistrial was declared because two members of Stark's defense team lost family members over the weekend. Stark's head public defender lost her grandmother this weekend and another defense member lost her cousin to an overdose in Pueblo. Due to funeral arrangements taking place this week, both will be unable to attend Stark's trial.

The trial has been rescheduled for January 4, 2011.

Authorities say Ashley went for a walk in March 2009. Her mother, Jennifer Patterson, got worried when she didn't come home and reported the girl missing at 3 p.m. Ashley's body was found about an hour later in a large prairie field in Pueblo West after deputies brought a tracking dog to her neighborhood.

The arrest affidavit says the girl's body was found in a black trash bag, and her hands were tied behind her back.

Five men and seven women were on the jury.

The prosecution started with a power point presentation on Thursday, beginning with a picture of Ashley. They also painted a grisly picture of finding her dead body among deep, muddy tire tracks.

The defense then stood up and began their opening statements. They argued that Paul Wayne Stark is an old, fragile, sick man who could not have possibly committed this crime.

The prosecution then called their first witness to the stand - Ashley's mother, Jennifer Patterson. Patterson talked about her daughter, Ashley and what their family did when she went missing.

The next witness called by the prosecution was Deputy Sheriff Sgt. Michael Berry was the one who responded to the home of Ashley Patterson when she went missing. Sgt. Berry searched the room, realized she did not run away and began the search. Berry was also responsible for securing the field where Ashley's body was found.
http://www.kktv.com/home/headlines/98532269.html

Opening arguments are scheduled to begin this morning in the
murder trial of Paul Wayne Stark.

After three days and more than 200 people, a jury of 12 people and
two alternates was selected and sworn in Thursday evening.


Today marks a restart of sorts. Stark's original trial ended abruptly after two members of his
defense team suffered deaths in their families and District Judge
Victor Reyes determined it was better to declare a mistrial rather
than suspend the trial for a few weeks. Stark, 66, is charged with first-degree murder, child abuse and
sexual assault on a child for the March 29, 2009, killing of Ashley
Patterson, 14. Patterson's body was found in a field near her home on Clarion
Drive in Pueblo West. Stark also lived near the field and deputies found tire tracks
leading from the body to a truck registered to the Stark
family. Detectives said they also found one of Patterson's shoes in the
Stark home and remnants of a black plastic trash bag in the bed of
Stark's truck. Patterson's body was found partially nude in a trash bag and her
head was wrapped in a separate bag. The jury selection lasted three days and was similar to the
process to select a jury in Stark's first trial. The process began Tuesday with more than 200 people coming to
court to fill out questionnaires. After attorneys reviewed those
forms, a pool of about 120 was called back Wednesday and about 50
people were left when the panel was picked.

Attorneys for Paul Wayne Stark argued Friday that their client
is too old, too frail and too hobbled by unchecked diabetes to have
committed the rape and murder of 14-year-old Ashley Patterson.

Stark is charged with first-degree murder, child abuse causing
death and sexual assault on a child in the March 29, 2009, killing.
Patterson's body was found partially nude, wrapped in a black
plastic trash bag and dumped in a field near her home on Clarion
Drive in Pueblo West.


Detectives found a second bag wrapped around her head. An
autopsy determined that she died from asphyxiation. For the past week, Stark, 66, has appeared in a sport coat and
tie, pushing a walker and trailing a canister of oxygen behind
him. Public defender Sue Reynolds focused on her client's appearance
in her opening remarks Friday. She focused on his age and infirmities and argued that Stark
didn't have the motive, opportunity or ability to overcome a
14-year-old girl, dump her body in the field, dig his truck out of
the mud and get back to the house before his wife got home from
church that afternoon. "The police and prosecution are trying to tell you that when
Paul Stark woke up, and he woke up just before noon, that he
completely split from his habit and his routine that he's had for
so many years and sexually assaulted and murdered Ashley Patterson,
and within a time span of 30 minutes to an hour, then went back to
piddling around, checking his blood glucose levels, taking his
oxygen and working on his birdhouse and his fence," Reynolds
said. But Deputy District Attorney Steve Cornetta told the jury that
the evidence collected by Pueblo County sheriff's deputies
literally led them to Stark's doorstep. Cornetta talked about how deputies found the body and tire
tracks that led from the body back to a truck parked at the Stark
home. Cornetta said the tire prints in the field matched the tires on
the truck and that there was a piece of a trash bag in the bed of
the truck. He also talked about other evidence, including Patterson's
shoes. One shoe was found under Stark's bed and the other was found in
a trash bag in a Dumpster shared by Stark and his neighbors. The bag also contained Patterson's glasses, Cornetta said. Deputies found a white, hoop earring under Patterson's body and
another white hoop earring was found under Stark's bed. There also
was a watchband with several hairs stuck in it. Some of those hairs
matched Patterson's DNA, Cornetta said. Stark's DNA also was found in blood stains taken from
Patterson's shirt and jeans. Cornetta told the jury there is a strong likelihood, to the
exclusion of 99 percent of the Earth's population, that both
Patterson's and Stark's DNA was found on Patterson's jacket,
Stark's underwear and the comforter from his bed. Reynolds told the jury that all of that evidence was
circumstantial and, because Patterson often played with Stark's
grandson at the home, it wouldn't be a surprise to find DNA
matches. "We cough. We sneeze. We shed our skin and the DNA deposits in
our homes," she said. Reynolds also painted a picture of Patterson as an impulsive
young girl with a penchant for rock hunting, but who would also
find herself in trouble for sifting through neighbors' mail or
stealing small items. The jury heard from Patterson's mother, Jennifer, who said the
last time she saw her daughter was when she had set out on a search
for rocks around 1:30 p.m. that day. She said her daughter suffered from asthma and attention
deficit hyperactivity disorder. She said she began her search for
Patterson around 2 p.m. Jennifer Patterson told the jury that she even called her
father for help before finally calling police at 3 p.m. The jury also heard from Jennifer Patterson's father, who
talked about his search for his granddaughter that day. Sheriff's Deputy Mike Beery was among the first officers to
respond to the call. He testified that he interviewed the family
and, when the body was found, blocked off intersections around the
field. The trial will resume Tuesday.

The jury has reached a verdict in the murder case of a
14-year-old Pueblo West girl who was found sexually assaulted and murdered in 2009.
Paul Wayne Stark has been found guilty on all counts
of murder, sexual assault on a child, and child abuse resulting in death
for the rape and murder of Ashley Patterson.

Authorities say Ashley Patterson went for a walk in
March 2009. Her mother, Jennifer Patterson, got worried when she didn't
come home and reported the girl missing at 3 p.m. Ashley's half-naked
body was found about an hour later in a large prairie field in Pueblo
West after deputies brought a tracking dog to her neighborhood.

The arrest affidavit says Patterson's body was found in a black trash bag,
and her hands were tied behind her back.

Sixty-six-year-old Stark is charged with first degree
murder, sexual assault on a child, and child abuse resulting in death
for the rape and murder of Patterson.

The defense argued all along that Stark is an old,
fragile, sick man who could not have possibly committed this crime. The jury did not buy it.

Stark's first trial was declared a mistrial six
months ago because of personal conflicts with the attorneys on both
sides. The new trial began again in early January and after two days of
deliberation,the jury found him guilty on all counts.

Stark will now serve a mandatory life sentence in prison.