Monte Vista Journal
By Sgt. Dusty Little

To the Editor:

The [Rio Grande County] Sheriff's office truly regrets the public confusion about the disappearance of Danice Day. As was explained in previous newspaper articles, Sheriff Medina delegated this case to Undersheriff Martinez from the beginning, knowing that he had a personal relationship in the past with parties involved in the case.

In a small county like this almost every case involves suspects, victims and witnesses that are known personally to the Sheriff or a member of his staff. Reassigning cases to others within the department to avoid conflict is a routine matter. Every available resource has been tapped to solve this case, from the County Commissioners to the District Attorney and the Colorado Bureau of Investigation.

We have coordinated the investigation with local law enforcement agencies throughout Colorado as well as other states. Missing person's organizations nation wide have been contacted and advised. The implication that the Sheriff of Rio Grande County has not pursued this case is unfounded, misleading and only feeds irrational sensationalism.

Any missing person case is sensitive. Although the possibility of foul play cannot be ruled out, there may be a credible reason for the disappearance. If foul play was involved, it is imperative that proper procedures be followed throughout the investigation in order not to violate the rule of law.

The function of the District Attorney is to prosecute cases where the law has been broken, and we have been working with the DA to make sure that the actions of this office assist him in doing his job if it comes to that.

Every possibility must be followed up if we are going to bring this case to resolution. Most missing person cases are resolved in the first 24 hours. Very few cases go beyond 90 days without resolution. The Sheriff and his staff feel that resolution of this case is still a realistic expectation. The Sheriff hopes that unauthorized press releases, conjectures and the DA's preemptive move to manage the case will not make it harder to find out what we all want to know: What happened to Danice Day?

Sgt. Dusty Little, press officer Rio Grande County Sheriff's Office

Posted by jacqui at 05:38 PM | Permalink

By Marsha K. Triplett

ALAMOSA - Setting an unusual precedent, District Attorney Peter Comar took a strong hand in the Danice Day case. In a letter sent Thursday, March 21, to Rio Grande County Sheriff Desi Medina, Comar wrote, "...I am taking over the investigation and ask that you send over your files and cease any further work on this matter."

In an interview on Feb. 28, Medina confirmed that he explained what he declared was his opinion of how Day died during a Rio Grande County Commissioner meeting held Feb. 27. Minutes of that meeting were released Thursday.

In his letter, Comar said he had read a copy of the minutes and expressed concern that Medina's close relationship with the Brauns poses a potential conflict of interest.

"I've got to do something," Comar said. "I called another DA that I know and discussed the situation with him, and he said if it were him, he'd take the case over."

Comar admitted it is an unusual action, but he said he felt there was no other option. "I guess if Desi wants to fight (surrendering the case), then we'll fight," he said.

The minutes of the Rio Grande County Board of Commissioners meeting state: "Sheriff Medina told the Commissioners that what happened is Denise [Danice] went to her and Victor's residence and Vern and Victor were in another room and Denise [Danice] came in and told Victor that she was going to leave him. Victor got up to hit Denise [Danice] and she moved and he hit her in the esophagus, which killed her. They have not found the body yet."

Medina said that he originally went in to the meeting to speak to Commissioner Doug Davie on another issue. At some point, Commissioner Vern Rominger asked about the Day case, Medina said.

"It was just two old farts talking to each other," stated Medina. He continued explaining that he thought he was talking with the commissioners off-the-record and that he was simply outlining his own opinion of what happened.

In a brief interview early Thursday morning, Medina said, "I felt obligated to respond when Vern Rominger asked me about the Day case."

The minutes clearly state that Sheriff Medina asked the commissioners if they wanted to know anything about the Day case.

When contacted, Rominger said, "I do remember asking Desi after he spoke with Doug about the Day case." Rominger did not remember at what point in the meeting he asked but did say, "The minutes may be wrong," with regard to who initially asked about the case.

Rominger said, "We about fell off our chairs when he told how she was killed."

The minutes report Medina mentioning that he has turned the case over to Undersheriff Charles Martinez because Medina knows Victor Braun and Vern Braun very well. Victor Braun, Day's boyfriend and Vern Braun, Victor's father, have both been questioned about Day's disappearance.

During the meeting, Medina is reported as having compared Victor to his own son and having said that Vern reminded him of himself. In further conversation as reported in the minutes, "Medina told Commissioners that he felt sorry for Victor and is indeed afraid of Judge Trujillo and Judge Ogburn because he knows that they would not think twice about throwing him [Victor] in jail."

These comments have led officials to question the relationship between the Brauns and Medina and has led in part to the request for removal of Medina from the Day case.

Comar said he will be meeting with representatives of the Colorado Bureau of Investigation this morning, and that even CBI officials have quietly suggested he should take the Day case from Medina and the RGSO.

Rod and Judy Day, parents of Danice Day, had read a copy of the Commissioner meeting minutes and also knew about the letter from Comar when Valley Publishing contacted them Thursday evening.

"We just in our hearts wonder how soon would this have been solved if something had not been apparently covered up," Rod Day said. "It appears to us that something has been covered up."

Early Thursday evening Rominger had been told of the request by Comar but had no comment. Commissioner Doug Davie was not aware of the request by Comar until contacted by Valley Publishing and had no comment. Commissioner Randy Brown was out of town and unavailable for comment.

Posted by jacqui at 05:39 PM | Permalink

By Marsha R. Triplett

DEL NORTE - Controversy is still swirling around comments made by Rio Grande County Sheriff Desi Medina Feb. 27 in a regular open session of the Rio Grande County Commissioners.

During the meeting, Medina dropped a bombshell concerning the investigation of the disappearance of Danice Day, a Monte Vista resident missing since Jan. 9.

Medina told those present he thought he knew how Day died and proceeded to describe the manner of her alleged death.

On Feb. 28, the sheriff said, in conversation, "Yesterday was a mistake. I said it in confidence as to how I think he [the perpetrator] did it, not in the capacity of Sheriff." Medina said he believed his comments were off the record.

Valley Publishing attempted to secure minutes of the meeting, but was first told the minutes could not be delivered until approved.

In a second call asking whether a tape of the minutes had been made, Valley Publishing was told the minutes were not taped.

Further, Rio Grande County Administrator Suzanne Benton said a protective order had been placed on the minutes of the meeting by District Attorney Peter Comar.

Valley Publishing contacted Colorado Press Association Attorney Steve Zansberg to determine if a protective order could legally be placed on the records of a public meeting.

Zansberg said he spoke with Comar and Benton and informed Valley Publishing that a protective order was never in place and the minutes could not be legally suppressed.

Contacted on Tuesday, March 19, Benton said Rio Grande County Attorney William Dunn originally spoke with Assistant District Attorney Mike Iozzo regarding the minutes in question after comments pertaining to the Day investigation were made by Medina during the commissioners' meeting.

According to Benton, Iozzo said he would speak with Comar and a protective order would be placed on the minutes. Benton said she had still not received the order last week and on Thursday faxed the portion of the minutes in question to Comar for review. Benton had still not heard anything from Comar and told Valley Publishing Tuesday that the minutes would be approved Thursday during the commissioners' meeting and would be available to the public. Contacted about the matter, Comar said the minutes were public record and therefore could not be sealed.

Day Investigation Continues

The ongoing investigation into the whereabouts of Day has produced little new information that can be released at this time according to Rio Grande County Undersheriff Charles Martinez. The Rio Grande Sheriff's Office (RGSO) is working with the Colorado Bureau of Investigation (CBI) on the case.

Martinez said a six-man CBI forensic team recently conducted tests at Day's residence, as well as on a boat belonging to Vern Braun, father of Day's boyfriend Victor Braun. Martinez said information on what was discovered during the forensic investigation could not be disclosed. He did say the team was looking for hair fibers, fingerprints, blood spatters, saliva and semen, among other things.

The undersheriff said the CBI executed a warrant on a gravesite just outside a fenced area of the Rock Creek Cemetery. Near the gravesite was a rock with D + V scratched on it. The site yielded the bodies of two animals.

CBI and RGSO have conducted interviews with present and past employees of the Dos Rios Restaurant, where Day was employed at the time of her disappearance.

Employees of Carnegie Library in Monte Vista and Rainbow Grocery, both establishments where Day had previously worked, also have been interviewed, Martinez said.

Posted by jacqui at 05:40 PM | Permalink