Warrants issued for Fort Collins woman who missed court date stemming from 'red flag' case
Update, Nov. 23: Susan Holmes was arrested on multiple warrants Nov. 19, according to Larimer County Jail records. As of Tuesday afternoon she remains in custody at the jail on a $5,000 bond. Her next scheduled court appearance is Nov. 30.
Original: Warrants have been issued against a Fort Collins woman charged with perjury and found to be in contempt of court after she missed two court appearances Wednesday.
Susan Holmes failed to appear for a court appearance in front of 8th Judicial District Judge Stephen Jouard on Wednesday morning to reschedule her perjury trial that ended in a mistrial earlier this month.
Holmes was also scheduled to appear in front of 8th Judicial District Judge Juan Villaseñor to be sentenced for contempt of court, but she did not appear. Villaseñor called Holmes's conduct "misguided, disrespectful and fool-hearted."
Both judges issued warrants for her arrest Wednesday morning.
Senior Deputy District Attorney Robert Axmacher said Holmes also failed to appear for a court appearance earlier this week in a misdemeanor case.
Earlier this month, Holmes' perjury trial ended in a mistrial on the first day of jury selection after a potential juror told Holmes's attorney at the time that the defendant had contact with them during the lunch break.
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The attorney, Jonathan Greenlee, was legally obligated to report the allegation to the court, which "understandably" upset Holmes, according to a court order. The conflict forced a separate hearing held in front of Villaseñor outside the presence of the jury pool and prior to the mistrial being declared.
Villaseñor determined this incident resulted in “irreconcilable conflict” between Holmes and Greenlee, and Greenlee was allowed to withdraw from the case, according to a court order.
During that hearing, Villaseñor wrote in his order, Holmes allegedly continuously interrupted Villaseñor and others despite several warnings to stop, and acted in "a disrespectful and disruptive manner." For that, Villaseñor found Holmes in contempt.
Holmes was reportedly told to return to Jouard's courtroom after the hearing in front of Villaseñor but did not.
Jouard declared a mistrial because of Holmes's alleged conduct with potential jurors, the conflict between her and her attorney, and because Holmes failed to return to the courtroom, Jouard said Wednesday.
More: Mistrial declared in perjury trial for woman who filed red flag case against police officer
Axmacher said Wednesday that the prosecution was prepared to continue with the trial earlier this month by dismissing the potential jurors Holmes allegedly contacted but couldn't because Holmes didn't return to the courtroom.
Because Holmes failed to appear Wednesday, a new court date has not been set.
Holmes is charged with perjury and attempting to influence a public servant after being accused of lying on a red flag petition, also known as an extreme risk protection order, she filed against a CSU police officer in January 2020.
The red flag law allows law enforcement, a family member or household member to petition to have a person's firearms removed if they are deemed by a judge to be a threat to themselves or others.
In the petition, Holmes checked a box saying she is a family or household member of Cpl. Philip Morris — one of two officers involved in the fatal shooting of her son, 19-year-old Jeremy Holmes, on July 1, 2017 — specifically that she has a child in common with Morris.
A judge denied Holmes's red flag petition during a January 2020 hearing. An affidavit signed by Morris under oath and submitted to the court at that hearing stated he and Holmes do not fit under any definition of "family or household member" as defined under the red flag law.
Holmes has been adamant that she did not lie on the red flag petition and told members of the news media after her petition was denied: "I do not feel that I've perjured myself."
How Holmes’s case is decided could have broader implications on how the phrase "child in common" on red flag petitions is interpreted for future extreme risk protection order cases.
The Larimer County district attorney at the time of the shooting, Cliff Riedel, cleared both officers of wrongdoing. A Citizen Review Board review of the case agreed with the internal affairs findings from Fort Collins police to exonerate the officers, according to documents obtained by the Coloradoan.
All suspects are presumed innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
Sady Swanson covers public safety, criminal justice, Larimer County government and more throughout Northern Colorado. You can send your story ideas to her at sswanson@coloradoan.com or on Twitter at @sadyswan. Support her work and that of other Coloradoan journalists by purchasing a digital subscription today.
This article originally appeared on Fort Collins Coloradoan: Colorado woman charged with perjury in red flag case misses court
