Holmes found guilty of perjury
After around an hour of deliberation, a 12-person jury found Susan Holmes guilty of the two felony charges against her on Friday.
Holmes was silent as 8th Judicial District Court Judge Stephen Jouard read the verdict agreed upon by the jury — guilty on both counts.
After the verdict, Jouard thanked the attorneys from both sides for their hard work and professionalism through the case.
“I know it has been a very important case by both sides,” he said.
Holmes filed an extreme risk protection order against Colorado State University Police Department Cpl. Philip Morris at the beginning of 2020 right after the legislation was put in place statewide; in that form she checked a box that said she had a “child in common” with Morris, which eventually led to the perjury and influencing charges. This checked box also became an important point of discussion in the trial.
Morris is one of two officers who shot and killed Holmes’ 19-year-old son Jeremy in 2017. During that incident, Jeremy Holmes reportedly bared a bayonet and charged officers after being told repeatedly to drop the weapon. Both officers were cleared of wrongdoing.
Prosecutors said Holmes lied on the official form by marking that they had a child in common, while the defense said she did not mean she shared a biological child but shared a connection to Holmes’ child.
Following the verdict, Senior Deputy District Attorney Robert Axmacher wrote in an email to the Reporterherald that the prosecution “very much appreciates the jury’s service and thoughtful consideration of all of the evidence presented in reaching their verdict.”
Holmes’ attorney Mat
thew Landers declined to comment and instead referred to his statements during his closing arguments Thursday afternoon.
Landers, on Thursday, made the argument that the context of the situation made it “crystal clear” as to what Holmes meant when checking that box; not that she has a biological child with the officer who shot her son in 2017 but that they are “connected through the tragic death and circumstances of his shooting.” He claimed that Holmes was not trying to deceive anyone and that it is not her fault the form, and the ERPO bill at large, do not clearly define terms like “child in common.”
While Holmes was scheduled for a four-day trial in the perjury case, expected to end Monday, it only took one full day to discuss the facts of the case and hear from witnesses.
The first day of her trial, Wednesday, was spent entirely on selecting the jury, while the second day was spent on opening and closing arguments by both attorneys as well as all evidence and testimony from witnesses.
Holmes was charged in 2020 with one count of attempt to influence a public servant, a class 4 felony; and perjury, a class 4 felony.
Jouard scheduled Holmes to return to court at 9 a.m. April 29 for a status on this case as well as another felony case Holmes faces where she is charged with two counts of tampering with a jury; the attorneys involved decided prior to this week’s trial that this case would trail behind the perjury case. Holmes’ attorney also requested that they discuss bond on April 29.
Jouard scheduled Holmes to be sentenced for the two guilty counts at 1:30 p.m. June 1. While Jouard did not mention the possible sentencing range, Axmacher later said that Holmes could face probation, community corrections or up to six years in prison.
Aside from the two felony cases, Holmes also faces two misdemeanor cases, scheduled for dispositions at 1:30 p.m. April 28.