Well, it’s official – Andy Esquivel won’t be allowed to call any witnesses at his jury trial in October. In fact, Andy won’t be able to present any evidence of consequence at his trial in October, so he’s essentially screwed.
On June 10th Judge Connors signed a motion to compel [PDF] filed by Prosecutor Nathan Lyon which gave Andy until May 21st to provide the prosecution with full details of all his witnesses and all evidence Andy intended to present at trial. Andy failed to comply. The list Andy did provide was incomplete and the witnesses all found to be irrelevant to the case. Andy’s evidence was likewise found to be completely irrelevant to the charges against him.
The motion to compel signed by Judge Connors EXPLICITLY states that any evidence not provided to the prosecution by May 21st will not be permitted at trial! May 21st was over a month ago, so Andy has missed his deadline to present any evidence which could support his defense. Since nothing that Andy has provided up until now will help him at trial in October, Andy basically won’t have a defense in October.
(No lawyer) + (No defense) + (No evidence) + (Refuses to admit he did anything wrong or to pay his victims their money back) = Andy Esquivel is definitely on his way to prison in October. Good luck with that, Andy!
Those of you who enjoy Andy Esquivel’s threatening blogs and emails as much as I do will recall that in recent weeks Andy has made a lot of noise about a “conspiracy” between his ex girlfriend and this blog to block him from the ‘millions and billions’ of dollars in potential profits he could have made if his various scams had been able to materialize. Lately he’s been claiming that last Saturday was D-Day for the conspiracy to finally be exposed and that everybody involved was going to jail, including his ex. Last week he posted this nonsensical threat:
Hey dumb-ass they want me to have public defender so when I win they don’t look as bad Dee-Dee-Dee I am going to take this all the way your going to prison Daryl & this Friday Denise has to answer to the Judge here in Colorado about you and her… so keep manipulating and still prosecutor LYON has not released his witness list with hundreds more like 3 of witnesses Daryl God Don’t Like Ugly OH SMILEYHEROEScom :)X
Well last Friday was in fact a court hearing for Andy – one in which he needed to explain to the courts why he still hasn’t paid a dime in child-support in spite of the fact that he’s
Now, we all know Andy as a lazy, good for nothing, scamster with a habit of telling untruths to survive and of stealing money to feed his drug addiction. Knowing this much about Andy, it shouldn’t surprise anyone that as son as Andy was sentenced he immediately went about crafting a story to get him out of the ruling. “But your honor, I’m moving to Utah on July first, so I can’t do no community service,” Andy reportedly told the judge in the case. In a show of mercy that Andy has become accustomed to and now expects from state courts, the judge gave Andy 30 days to prove he’s left the state of Colorado for good before he must begin serving his sentence. If Andy fails to provide proof that he’s moved, then he will be recalled to the court for a stiffer sentence.stolen a small fortune from investors from California to Colorado. Andy showed up on Friday prepared to impress the judge with his sob-stories explaining that it’s impossible for him to get a job because of this website, but she apparently wasn’t having any of it. Instead of buying into Andy’s claims that he can’t work, the judge did the unthinkable – she gave Andy Esquivel a job…
Sixty four (64) hours of community service to be exact!
My hunch is that Andy isn’t moving anywhere and that his please to the court are just a stalling tactic to get out of doing any real work. Andy can’t picture himself picking up trash by the roadside in a bright orange vest and hard hat any more than we can picture him as CEO of a multi-million dollar tech start-up. The mere thought of doing manual labor terrifies Andy – probably more than jail does. We’ll have to see how this plays out, but my hunch is we’ll have another child support case update for you here in a month and that it will read something like this – “Colorado judge loses patience with Andy Esquivel and sentences him to 30 days in jail for failing to comply with an order to begin community service immediately.
Then again, Andy might actually be dumb enough to leave Colorado in the hopes of avoiding these child support charges altogether. What he doesn’t realize is that Utah has even stricter child support laws that Colorado does and he already owes over $20,000 in back support in this state before he arrives (more will be added for every month eh lives here). I think Idaho would be a better choice for Andy because he doesn’t have a record there. Here in Utah the police are all to familiar with Mr. Esquivel and they’re not likely to give him a pass while he unpacks his moving van.
Hey Alan, since your boss (pathological lying sociopath, serial criminal and convicted felon Andres “Andy” Esquivel of Lakewood Colorado) hasn’t received his copy of this motion by Davis County Prosecutor Nathan Lyon, I’ll help you guys out and share my copy.
PS – you can still call Logan Laws if you want, but note that Logan isn’t going to help your case because he knows Andy is a criminal just like the rest of us and he isn’t afraid to tell that to a judge and jury.
To say the least, it’s been an interesting couple of weeks since Andy’s last pre-trial hearing. We’ve got a lot to cover, but I’ll try to get through it all as quickly as I can.
First of all, a new date has been set for Andy’s securities fraud trial. The fireworks begin on October 16th and will continue for three days. As always you can find the latest trial updates by clicking on any case update link [PDF] you find on this website. The trial is stilled set up as a ‘jury trial” rather than a “bench trial” because Andy isn’t smart enough to know that the only chance he has of getting this case thrown out by the judge is if he reverses the decision by his previous “super lawyer” to take the case out of a judges hands and to wait for nine jurors (who aren’t likely to fall for his crap any more than we do) to pronounce him guilty.
As reported last month on this site, Andy Esquivel recently sent out a mass email (to his supporters supposedly) in which he listed all the people he claims to want to call as witnesses at his trial. The list was prepared in response to a court order earlier in the month in which Judge Connors demanded that Andy comply with a reciprocal discovery motion by the prosecutor [PDF]and list all the people he intended to call as witnesses. We obtained the full list because one of the journalists who Andy insists on spamming is secretly preparing an expose on what a complete fraud Andy is and they were generous enough to share Andy’s email with us. We correctly reported last month that (a) Andy failed to include contact information for the witnesses he claimed he was calling and (b) almost nobody on Andy’s list had even the slightest relevance to the case.
Almost as if to confirm the astute insight of this blog, Prosecutor Nathan Lyon on Thursday filed this motion [PDF] with the court asking Judge Connors to throw out Andy’s entire witness list as irrelevant to the case against him and lacking even the most basic contact information on the people listed. The prosecutor reviews each name on the witness list (in much the same way we did on our blog post) and explains why each one is not only irrelevant to the case, but calls out the fact that Andy’s videos and links are “rambling and nonsensical.” The only “witness” that the prosecutor approved of was Logan Laws, who is frankly on deck to testify for the prosecution so it makes little sense for Andy to call him for the defense.
In short, Andy Esquivel just got emasculated by the prosecutor and told to go home and start over from scratch…and he is still posting ridiculous videos and sending out senseless emails. Here’s an example:
Mr Lyon I never published this witness list why did you let Plaintiff Ryion Butcher put this on his slander site:
I have attached a copy. Allen we never published, this is why Steve Klemark’s wife tried to commit suicide all the harassment from the plaintiffs & co-conspirators trying to scare me to take plea… Lyon stated oh well when I told him of Steve’s wife last year and the attorney brotherhood that Allen and I recorded Holje say to us looks like it does exist.
Your plaintiffs say J.King from I-safe is going to testify against me remember I told King about the slander/smear campaign since 2009 we recorded it so as soon as you finally release the list that Holje nor six month Albright ever got… I will address all 4 on the list one by one I sent motion by mail we are still waiting to see who’s on list all these lies will hit a wall very soon.
Ryion Butcher stated to Xtagged witnesses which is also witness tampering, that we have reported to Mr. Lyon Davis prosecutor more than once Allen Brady went to Mr. Lyons office LAST YEAR I have web cam of Mr. Lyon and I speaking about this and Ron the documentary film maker has video from last year on Mr. Lyon and Mr. Holje call Ron 720.233.4104 Ron Kelsay! I have attached a screenshot that Ryion posted of his blog attacking my family and Ryion tells people that the prosecutor is the one telling him to attack!!! Ryion tells Xtagged owners “Just say you are a security not an owner and we can take Andy down! I am now writing a letter to the judge informing him about all the PERJURY & WITNESS TAMPERING ALLEN BRADY can verify (1.801.819.5126) the plaintiffs have committed through out this trial and are still committing with the help of Mr. Lyon says Ryion Butcher, ITS ALL LIES I have a video uploaded at karmacause proving all, Ron has video that dates earlier. My family and the media don’t believe that you guys know what plaintiffs are doing to all of us and they say court is not in order! I told Mr. Lyon about Steve Klemark’s wife and much more! Now that Mr. Lyon knows Xtagged, Inc. paperwork is 100% real not to mention all the non non-disclosures plaintiffs signed and the multiple counts of perjury that the plaintiffs have committed, the damages that www.Xtagged.co causes will be at fault of the state.
Now what exactly does the above email tell us, other than the fact that Steve Klemark’s wife tried to kill herself because she finally realized that her husband was up to his chin helping a convicted felon execute numerous scams at the potential price of his own job with the Devner PD and she couldn’t live with the idea that he might go to jail too. Isn’t it interesting that a guy who threatened to release sex tapes of potential witnesses in his securities fraud trial to the media is accusing others of ‘witness tampering?’ Andy why is Andy so convinced that ‘his family and the media’ are on his side here? First of all, only one reporter in the media even cares that Andy is about to go to jail and most of Andy’s family have disowned him and his convicted felon of a mother as pariahs. Most are now reaching out to me (unsolicited) and expressing support for this website and sympathy for the victims of Andy’s criminal activity. When is Andy going to finally realize that the only people who think he’s innocent of these crimes are drug addicts like Alan Brady and fellow criminals like Ron Kelsay and that the only person facing jail time for his crimes is himself?
The bottom line is that this trial is almost over. With Andy Esquivel continuing to send impotent letters to the judge in this case (unaware that they’re doing absolutely no good) and being endlessly distracted by his own YouTube channel, Andy is sure to be convicted and sentenced before Christmas. The only question is how many years in prison is Andy going to get. I for one say the longer the better!