S E P T E M B E R

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1 BOULDER COUNTY BAR NEWSLETTER S E P T E M B E R THE ALS COMMITTEE - HELPING THOSE WHO HELP OTHERS BY STEVE BARNETT The Availability Of Legal Services Committee of the BCBA ( ALS Committee ) is a different animal from the other local bar committees. Although the ALS Committee does sponsor CLE programs, its monthly luncheon meetings are not packaged around CLE programs. Consequently, many local attorneys know very little about the Committee, how it works, and how they might utilize its resources. The ALS Committee consists of local attorneys with a variety of expertise and experience, all of whom share a common interest in the work of the Committee and in the importance of the work-product of the hundreds of local attorneys who perform pro bono and reduced fee services. The exclusive focus of the ALS Committee is the provision of legal services in Boulder County to disadvantaged persons. How does it do that? BCLS Program & Its Volunteer Attorneys. The primary role of the ALS Committee has been its interaction with the Boulder County Legal Services ( BCLS ) program. The BCLS office is an arm of Colorado Legal Services ( CLS ), which office was formed in the mid-1970's by local attorneys who saw the strong need for a more dedicated effort to improve legal services available to disadvantaged persons in Boulder County. The BCLS program, unlike the many other CLS offices in Colorado, was the product of local attorneys initiative and not the product of a perceived need by a federal program. As a result of this history, BCLS has become unique within Colorado for the extent and quality of pro bono and other volunteer participation by local attorneys. The scope of the BCLS program is limited by its funding sources, most notably by federal restrictions on funding from the Legal Services Corporation. It offers services to qualified clients only in civil (not criminal) matters, focusing primarily on domestic relations, domestic violence, public benefits, housing and collection disputes. BCLS services a staggering number of clients (assistance for over 900 new clients is expected this year), with about 20% of those clients referred to pro bono attorneys and another 20% served by the pro se family law program (which is staffed by pro bono attorneys). LOUISVILLE LAWYER HAPPY HOUR Thursday September 22, :30 PM at Louisville Rex Rooftop 817 Main Street Mark Your Calendars 2011 ANNUAL JUDGES DINNER Wednesday, October 26 5:30 PM December 1 Annual Ethics Update 12:30-5 PM 4 ethics credits If you have moved recently and want your correct address to be in the Membership Directory, call the bar office immediately! TABLE OF CONTENTS THE ALS COMMITTEE 1 A TWENTIETH CENTURY MYSTERY 3 ADVOCACY CROSSES THE PROFESSIONAL LINE 4 PRESIDENT S PAGE 5 LAWYER ANNOUNCEMENTS 7 PRO BONO PAGE 9 CLASSIFIED ADS 15

2 CALENDAR OF EVENTS Pre-registration is required for all BCBA CLE programs. Register by ing or pay online with a credit card at You will be charged for your lunch if you make a reservation and do not cancel prior to the CLE meeting. BCBA CLE s cost for members is $20 per credit hour, $10 for New/Young lawyers practicing three years or less. $25 for non-members. Thursday, September 8 Intellectual Property Microsoft v. i4i Limited Partnership et al: Patent Case of the Year? Presenter: Kristin Jahn Noon at Caplan and Earnest 1 CLE $20. $10 new/young lawyers Lunch $10 Friday, September 9 Availability of Legal Services Noon brownbag at BCLS 315 W. South Boulder Road, Suite 205, Louisville Wednesday, September 14 Solo/Small Firm Happy Hour 13th and Walnut at 5 PM Thursday, September 15 Bankruptcy Monthly Roundtable Lunch Noon at Agave Bistro th Street Tuesday, September 20 Business Law Nuts and Bolts of Capital Account Accounting for Limited Liability Companies Presenter: Brian Nuttall Noon at Hutchinson Black and Cook 1 CLE $20, $10 new/young lawyers Lunch $10 Wednesday, September 21 Family Law Business Valuation Fundamentals the Family Law Attorneys Presenter: Eric Critchfield Noon Brownbag at the Justice Center Courtroom C 1 CLE $20, $10 for new/young lawyers Thursday, September 22 Paralegals and all Lawyers Mediation and the Paralegals Role Presenter: Steven Meyrich Noon at The Boulder Cork, th Street 1 CLE $20, $10 for new/young lawyers Lunch $15 Thursday, September 22 Natural Resources, Environmental Law Power Ballot Boulder Municipalization to Create a Local Utility Presenters: David Miller against, John Putnam for, Karl Kumli Moderator 11:45 1:15 PM brownbag at the Boulder County Justice Center Courtroom N 2 CLE credits $40, $20 for new/young lawyers Thursday, September 22 Louisville/Lafayette Lawyers Happy Hour 5:30 PM at The Louisville Rex Rooftop 817 Main Street Tuesday, September 27 Bankruptcy Basics Presenter: Cindy Kennedy The Boulder Law Shop 6-8 PM at th Street, #103 1 CLE $10 Wednesday, September 28 Taxation, Estate Planning and Probate Planning Structures in Cross-Border Estate Planning Presenter: Mike Heimos Noon at Hutchinson Black and Cook, 921 Walnut 1 CLE $20, New/Young Lawyers $10 Lunch $10 (turkey, veggie, club, salad w/ or w/o meat) Wednesday, September 28 Criminal Law Expectations and Desires of the New Criminal Bench Judge Presenter: Judge Tom Mulvahill Noon Brownbag in Courtroom H 1 CLE $20, $10 for new/young lawyers Complex Estates David A. Perlick Coordinated Planning Wills Trusts Probate Business Interests Real Estate Holdings We welcome referrals and co-counsel opportunities We Complete the Puzzle SEPTEMBER 2011

3 A TWENTIETH CENTURY MYSTERY BY GERALD CAPLAN When I arrived at my office on a Monday morning in February 1969, I answered a call from a New York City attorney asking me to represent a client s niece who had been sued for divorce. He described it as a simple case: a short marriage, no children, and a small amount of property to be divided. Little did I know that the case would involve a mysterious disappearance, two murders, a suicide in the State Hospital, the FBI, the CIA, and two Colorado governors. My client was Hana Riha. Hana Hruska Riha and Thomas Riha were both born in Prague. Tom was a naturalized U.S. citizen with a Harvard Ph.D. who in 1967 began teaching Russian History at CU. Hana had arrived in the U.S. in 1966 as a foreign language specialist. Each were fluent in Czech, Russian, and English. They met in New York and were married in Boulder on October 13, Hana, age 25, was fifteen years younger than her husband. During dinner at the wedding reception at the Black Bear Inn in Lyons, a voice called out, The Colonel is here to see you. Tom Riha stood up and left the table. He returned forty minutes later with no explanation. Four months after the wedding, Tom Riha sued Hana for divorce on the grounds of mental cruelty and duress. The Colonel was Galya Tannenbaum. I met Tannenbaum in my office on February 12, She was a stout, short woman, her hair swept back severely. She carried herself with erect military posture. She said she was a friend of Tom Riha s and was helping Hana Riha with immigration issues. She told me that Hana might be deported if she were divorced from Tom. Tannenbaum claimed to be a Colonel in U.S. Army Intelligence who, in her twenty-seven year Army career, had made many friends in the Justice Department and the Immigration and Naturalization Service. Because of her contacts, she said she had Hana s immigration file and with her influence with the U.S. Postal Service, she could arrange to put an earlier postmark on the documents for which the filing date had expired. I was dubious and asked to see her credentials. Tannenbaum said she didn t have identification with her, but would bring it to our next meeting. I never saw her again. On Sunday evening, March 9, 1969, when I returned from a weekend away, I got a call from Hana Riha s New York attorney, David Rogosin, who briefed me about a series of dramatic events that had happened that Friday and Saturday. What he said shocked me and I decided to take sworn depositions from many of the people involved, including Hana, Hana s friend Veva Nye, Hana s aunt, her neighbors Richard Wilson, Robert and Margaret Hanson, and Boulder Police Officers Douglas Dorsey and Dale Stange. From the depositions, I learned that on Friday night, March 7, Galya Tannenbaum attempted to force Hana to sign a mysterious document which Hana had refused to sign until I, her Boulder attorney, could see it first. Since I was out of town, Hana called her friend, Veva Nye, for support. (continued on page 10) SEPTEMBER

4 ILL-CONCEIVED: WHEN "ADVOCACY" CROSSES THE PROFESSIONAL LINE SUBMITTED BY THE BCBA PROFESSIONALISM COMMITTEE The Professionalism Committee is available to address problems that attorneys may be having with one another. A common cause of difficulty arises when an attorney leaves common sense behind in representing a client. Here is how one federal judge handled the situation in his court. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS JAYHAWK CAPITAL MANAGEMENT, LLC, et al., Plaintiffs, v LSB INDUSTRIES, INC., et al., Defendants. Case No EFM ORDER ON MOTION TO CONTINUE He who is his own lawyer has a fool for a client is one of every lawyer s favorite proverbs. Among the several reasons why this is undoubtedly true, is that lawyers are trained to handle disputes skillfully but without the emotional rancor that will mask the actual parties reason and good sense. 1 Regrettably, many attorneys lose sight of their role as professionals, and personalize the dispute; converting the parties disagreement into a lawyers spat. This is unfortunate, and unprofessional, but sadly not uncommon. Before the Court, however, is an uncommon example of this unhappy trend. This matter is currently set for trial commencing June 14, Defendants seek a brief continuance, noting that one of their counsel, Bryan Erman, along with his wife, is expecting their first child due on July 3. Given the proposed length of trial and the famous disregard that newborns (especially first-borns) have for such schedules, and given that the trial is scheduled in Kansas City while the new Erman s arrival is scheduled in Dallas, Defendants move this Court for a continuance. This in itself would not be remarkable, but in reviewing the motion the Court was more than somewhat surprised to read that Plaintiffs have refused to agree to continue the trial setting and have indicated that they intend to oppose this Motion. Well, every party is entitled to file an opposition to a motion, and hoping that perhaps Defendants had mischaracterized the vigor of Plaintiffs opposition, we have eagerly awaited Plaintiffs defense of its opposition. The Memorandum in Opposition arrived yesterday, and it was, sadly, as advertised. First, Plaintiffs make a lengthy and spirited argument about when Defendants should have known this would happen, even citing a pretrial conference occurring in early November as a time when Mr. Erman most certainly would have known of the due date of his child, and even more astonishingly arguing that utilizing simple math, the due date for Mr. Erman s child s birth would have been known on approximately Oct. 3, or shortly thereafter. For reasons of good taste which should be (though, apparently, are not) too obvious to explain, the Court declines to accept Plaintiffs invitation to speculate on the time of conception of the Ermans child. Further, Plaintiffs assert that there are currently five attorneys from two different firms on Defendants signature block. While the Court might be inclined to agree with Plaintiffs that this seems like a plethora of attorneys, it can t help but note that, (continued on page 10) 4 SEPTEMBER 2011

5 PRESIDENT S PAGE BY ELLEN CADETTE I suppose I could collect my books and get on back to school. - Rod Stewart This time of year always tests my driving patience. I try to restrain my Big Apple driving tendencies, particularly the ones that involve rolling my window down and shouting things. Within a month or two, most of the students will get the hang of stopping their cars at crosswalks, stopping at stops signs, pressing the button, and not walking four abreast on the bike paths, and all will be good again. I always get a bit nostalgic in September; I think back to my high school days. I went to an all-girl Catholic jail. Note that my parents tried to convince me that the Bronx High School of Science, a public school, would have been a better choice. But I wanted a piece of the rock, so I attended high school in Manhattan. Sister Timothy Gottesheim, the principal at the time, had to have been at least 80 years old if she was a day. She was a spry and wiry woman with an uncanny knack for popping her habitdonned head around the corner at the worst of times, such as when I was trying to sneak in the back door after going out for breakfast instead of going to class. Upon seeing a student in non-regulation shoes or sweaters (we had a strict uniform), Sr. Timothy used to exclaim THAT is an abomination of desolation! I still have no idea what that means. Unfortunately, I was often the student out of uniform, or out of sync with the rules. I spent many afternoons with a tissue-thin piece of sandpaper, scrubbing off the ink doodles from the backs of the chairs in the classroom until Sr. Timothy told me I could go home. It is strange to think that I will likely never be going back to school, although it is also a relief! Selected as the 2011 New Product of the Year by the American Association of Law Libraries. OUR CLIENTS DEMAND THE RIGHT RESULTS AT REDUCED COSTS. WE DELIVER. THOMAS CASE PARTNER, HENNELLY & GROSSFELD, LOS ANGELES 2011 Thomson Reuters L /5-11 Although Sr. Timothy was an authoritarian figure who I did my best to avoid, she still embedded certain good principles in my brain. One of those principles was fairness. She had no favorites; her punishments were meted out in an egalitarian manner. Another teacher of mine who made a lasting impression on me was David Getches, my environmental law professor. He was a very smart and kind man. When I attended his memorial service recently, I was greatly impressed by how he had so positively affected everyone in his life, from his students (and all of the future students who will walk the halls of the Wolf Law Building or read his case- (continued on page 8) These days, we re all being asked to do more with less. Clients are demanding that law firms run lean without sacrificing quality. And turnaround times aren t getting any longer. That s why modern firms like Hennelly & Grossfeld use WestlawNext to deliver better legal services at lower costs to clients. Hear what Tom and others are saying at Customers.WestlawNext.com or call for a demonstration. Learn more about Hennelly & Grossfeld at hennellygrossfeld.com. SEPTEMBER

6 ALS COMMITTEE (continued from page 1) The ALS Committee tracks the work of the BCLS office through periodic reports that are provided to the Committee with detail about what BCLS is doing; how the work is being done; and operational, funding, and staffing issues. The Committee provides BCLS with important feedback and operates much like an advisory committee for BCLS. The Committee also serves as a liaison between BCLS and the BCBA (a portion of the funding for BCLS comes from the BCBA and additional funds are provided through the Boulder County Bar Foundation). The Committee also utilizes its resources to assist BCLS with the resolution of program issues (for example, recent issues that have been addressed include the serious need for more Spanish-speaking pro bono attorneys, and interaction with the courts to remove impediments to access by indigent pro se litigants). Other Legal Services Programs. The ALS Committee plays a lessor role in several other Boulder County initiatives that provide legal services to the disadvantaged. The extent of Committee involvement in these programs is largely a function of the role that the Committee is asked to play. For example, local attorneys who are active members of the ALS Committee also are integral to the administration of the Boulder County AIDS Project, the Immigrant Legal Center of Boulder County, and the CU Legal Aid and Defender Program, and issues affecting those programs often are brought before the Committee for advisory feedback or assistance by the Committee. Concepts for new ways to serve low-income clients are sometimes brought before the Committee for discussion, as was done for the recently-established Law Shop in Boulder. Other highlyeffective pro bono legal services programs are established and operated with little or no involvement by DO YOU HAVE A CRIMINAL POST-CONVICTION CASE? the Committee, such as the new court-sponsored pro bono mediation programs for small claims and probate disputes, and the Klein Legal Assistance Clinic for the Homeless. The Committee tries to maintain an awareness throughout Boulder County of all providers of legal services for the disadvantaged, and of non-profit providers of related services. It also attempts to facilitate interaction between and among such providers. The Committee does this by assisting the BCBA with the annual update of its Blue Book manual of Legal Services in Boulder County, and by periodically hosting public events at the Justice Center that provide an informative exchange among attendees, who, for the most part, are representatives of such service providers. CLE Programs. The ALS Committee sponsors CLE programs consistent with its purpose, often at the Justice Center, and usually not more than two or three per year. Public benefits are the topic of many such CLE programs, but others focus on housing, immigration, collection, and elderly law topics. These topics often overlap with areas of interest of other BCBA committees and are co-sponsored with other committees. I m available for consultation and as an expert witness in Crim. P. Rule 35 (c) cases John Marshall Award. An important function of the ALS Committee each Spring is to provide a recommendation to the BCBA of a local attorney to receive the John Marshall Award at the annual Pro Bono Luncheon. Recipients of the Award must have demonstrated an unusually high level of dedication over a period of years to the provision of legal services to the disad- Jeanne Winer, Attorney at Law Practice Devoted Solely to Criminal Post-Conviction Cases (continued on page 13) 6 SEPTEMBER 2011

7 LAWYER ANNOUNCEMENTS Faegre & Benson is pleased to announce that we have relocated our Boulder office to accommodate our growing commitment to the Boulder community and our Colorado clients. OUR NEW ADDRESS IN BOULDER IS: Suite Walnut Street Boulder, Colorado For more information, please contact: Rex O Neal at faegre.com USA UK China Daniel Fox Bernard was born in Kenton, Ohio, on October 4, 1942, to Leo and Betty (Fox) Bernard. He passed away at Longmont United Hospital on Wednesday, August 3, 2011, after a six-year battle with multiple myeloma, with his wife, Dale, at his side. Bernard grew up in Ohio where he was active in academic, athletic, and community activities, and an avid ham radio operator and model airplane flyer. He graduated with a degree in political science from Iowa State University. He attended law school at Duke University. Dan and his wife, Dale, moved to Southeast Asia, where Dan served two years in the Navy JAG Corps on the legal staff of the Commander of U.S. Naval Forces in the Philippines. At the end of his naval service as a JAG officer, the Bernards moved to Colorado. In 1972, he joined the law firm of Grant & McCarren, which later became Bernard Lyons Gaddis & Kahn, P.C. (continued on page 15) IS PROUD TO ANNOUNCE Linda Siderius has been added and accepted to the American Arbitration Association s roster of neutrals. She can be contacted to arbitrate commercial and health care cases. One Boulder Plaza 1800 Broadway, Suite 200 Boulder, CO Phone: (303) SEPTEMBER

8 PRESIDENT S PAGE (continued from page 5) Amanda Sessa Home Loan Consultant NMLS # LMB # books), to his co-workers, to the Indian tribes whose rights he championed as an attorney, and to his family in particular. He was a shining example of not just how to conduct oneself as a lawyer, but as a person. As we transition to back-to-school in Boulder, there are a lot of good things about school starting up again at the University of Colorado. The new Dean of the law school, Phil Weiser, has returned to Colorado this fall after a two-year stint in Washington, D.C., where he worked for the Obama administration as a Senior Advisor for Technology and Innovation to the National Economic Council Director at the White House. Dean Weiser is very enthusiastic about engaging CU s law students in the practical aspects of law and in the community. He has appointed Michael P. Spivey to a new position at the law school, Assistant Dean of Outreach and Engagement. Mr. Spivey s position is to assist in carrying out the news goals of Dean Weiser, to provide a more practical legal education and integrate the law students more fully into the community in which they study. The new Dean is interested in working with our association to help accomplish that goal as well. In other news at the law school, the CU Law Library has a new Director, Susan Nevelow Mart. Christine Hylbert and I recently met with Susan. She is particularly interested in reaching out to our practicing lawyers in Boulder. She teaches an expanded internet research class at the law school, and we will be looking to develop a means for our members to attend Ms. Mart s class for continuing legal education credit. The class focuses on honing internet search skills - not in the classic online legal research sense, but in the more practical, factual sense, to aid legal research or case preparation. As always, the CU Law Library staff will continue to help our membership solve whatever legal research problems we have. Did you know that of a total of 4,348 reference questions were asked at Supporter of the Boulder County Bar Association John Sessa Branch Manager NMLS # LMB # the Law Library between July 1, 2010 and July 28, 2011, 639 inquiries were from lawyers and 92 inquiries were from paralegals? On the BCBA front, continuing legal education opportunities abound in September. Please refer to the calendar of events on our website, or check out the weekly E-briefs for the details. We have two new committees of the bar association this year, the Immigration Law and the In-house Counsel Committees. Forming a committee is a precursor to becoming a section of the bar association. Igor Serbinin and Christina Fiflis will take the lead for the Immigration Law committee. The group will meet at the end of September (check the calendar) and will be collaborating with other sections in the future to bring us more CLE s. In addition, the in-house counsel portion of our bar had thier first meeting and are planning to begin networking opportunities and future CLE programs as well. Did you know that there are over 85 inhouse counsel members of our association? Also the Elder Law Committee, formed last year, is now an official section of the association. Increased traffic aside, it is the time of year to appreciate living in a college town and all of the educational benefits that come with it Walnut #100 Boulder, CO #1 in Colorado for Number of Loans Closed in 2009 Check the license status of your mortgage loan originator at 8 SEPTEMBER 2011

9 Pro Bono Referrals Twenty-one cases were referred during July. Thank you to the following attorneys: Norm Aarons CULADP Deborah Cantrell CULADP Peggy Goodbody Ruth Irvin Michael Pipis Curt Rautenstraus Drew Richman Richard Romero Sharon Svendsen PRO BONO PAGE Pro Se Program Volunteers Sheila Carrigan M.L. Edwards Shawn Ettingoff Lauren Ivison Tucker Katz Craig Small Leonard Tanis BCAP Volunteers Thank you to the following attorneys who accepted pro bono referrals for the Boulder County AIDS Project in July Paul Bierbaum Christina Ebner Ann Mygatt ( The Law Shop) Pro Bono Corner Interested in a Pro Bono case? Please call Erika at CLE credits available for pro bono service. Boulder County Bar Association Professionalism Committee On-Call Schedule Sept. 5 Mark Langston Sept. 12 Bev Nelson Sept. 19 Anton Dworak Sept. 26 Christie Coates Over Fourteen Years of Experience with Mediation Arbitration Settlement Conference Services Also accepting referrals for personal injury civil and criminal litigation. Past President of Colorado Trial Lawyers and Boulder County Bar Association; Colorado Super Lawyer Jim Christoph, JD SEPTEMBER

10 A TWENTIETH CENTURY MYSTERY (continued on page 10) When Veva arrived at the Riha s house, Tannenbaum told her that she, Galya Tannenbaum, was Hana s sponsor and had Hana s immigration file, and unless Hana signed the document, Hana would be deported to Czechoslovakia. At ten o clock that night, Tannenbaum put both women in her car, ostensibly to take Hana s friend, Veva, home. But after dropping Veva off, Tannenbaum drove around most of the night with Hana in the car, haranguing her to sign the document. She said Hana was going to die; she was in big danger. Tannenbaum tried to force her to take pills, saying, I think you need some pills. I have a good pill with me. Hana refused to take the pills. Finally, early Saturday morning, March 8, Tannenbaum drove Hana home. At home, Hana argued with her husband. Then she walked downtown and checked into the Boulderado Hotel. That same morning, Veva Nye, very concerned, went to the Riha house. Tom was there alone. He told Veva that Galya Tannenbaum was very powerful. He said she was a Colonel in Military Intelligence, soon to be promoted to General. On Saturday evening, Hana reluctantly returned to the Riha house. When she heard Galya Tannenbaum arrive, she fled to her bedroom and locked the door. Tom Riha and Tannenbaum went to her bedroom door and demanded that she open the door and sign the document. When Hana refused, Tannenbaum threatened, I have a gun and will shoot you through the door. Hana smelled ether coming through the heating vent. She managed to close the vent, but the smell of ether came under the bedroom door. Feeling dizzy, Hana opened her bedroom window and screamed for help. Her neighbors, Mr. and Mrs. Richard Wilson, were outside saying goodbye to another couple, the Hansons. The Wilsons and Hansons heard her screams. Robert Hanson ran to the Riha house, smelled ether, and saw Hana at the window. He pulled her out onto the snow. Rushing out of the Riha house, Tom Riha and Galya Tannenbaum confronted Robert Hanson. Hana shouted that they were threatening her life. Riha and Tannenbaum demanded that Hanson release Hana. He refused and took Hana into the Wilson home. Tom Riha followed them to the Wilson s house and again demanded that his wife return. The woman next door (Tannenbaum) is a Colonel in the United States Military Intelligence, he said. She is armed with a pistol. It would be dangerous for you to become involved in this situation. Wilson replied that he didn t believe we lived in a police state yet and asked Riha to leave. Riha turned around and stalked home. While this was happening, Galya Tannenbaum phoned the Boulder Police and reported a disturbance involving a mental patient. When Officers Dorsey and Stange arrived at the Riha house, she told them that Hana was illegally in the U.S. on an expired visa, that she was a drug addict, and that she had locked herself in her bedroom and was inhaling ether-type fumes. Officers Dorsey and Stange went next door to the Wilson home and asked Hana for identification an alien card, passport, or visa. Distraught, Hana couldn t produce any identification. Mrs. Hanson interceded, saying, Where are we? Are we in America or in Russia? She is a criminal? Can you smell the gas? Officer Dorsey suggested that Hana return home to her husband. Afraid to return, Hana asked Officer Dorsey to call her New York attorney. He called David Rogosin in New York, who strongly advised the police not to send Hana back to the Riha house. Tom Riha returned to the Wilson s home and asked Officer Stange to come with him to his house and search Hana s bedroom. They found the bedroom door unlocked and, inside, Officer Stange discovered a jar that smelled of ether shoved under the bedclothes. (I had the material analyzed and it was ether.) Stange s partner, Officer Dorsey, also returned to the Riha house. Tannenbaum was on the phone. She claimed she was talking to the Immigration and Naturalization Service. Suspicious, he asked Tannenbaum for her official identification. She could not produce any identification.the Hansons drove Hana to the Boulderado Hotel. Hana Riha remained there until she flew to New York to stay with her aunt. Because of Tannenbaum s threats to Hana s immigration status, I arranged for Hana s case to be transferred to New York where she now lived. Hana s status as a legal resident was quickly confirmed. Interestingly, the immigration file contained two letters dated March 8 and 9, 1969, on which Hana s signature was forged. The letters clumsily portray Hana as being far less fluent in English than she was. Galya Tannenbaum is described as Hana s friend with sole authority to hold her passport and act on her behalf. One letter stated that the only responsibility for me as Hana s Boulder attorney should be to act in her divorce. I believe that these are the documents which Tannenbaum and Tom Riha tried to force Hana Riha to sign. * * * Tom Riha was a fastidious, punctual, careful man. When he failed to meet his classes at CU, his colleagues contacted university officials. On March 20, 1969, the Dean s office called me and I contacted the Boulder Police. The police went to the Riha home. (continued on page 11) 10 SEPTEMBER 2011

11 A TWENTIETH CENTURY MYSTERY (continued on page 11) Thomas Riha s kitchen table was set for breakfast, but nothing was touched. His personal belongings shaving items and clothing were intact. An open briefcase lay among scattered papers on the desk in his study. His date book showed appointments for the next month, including a note for Dinner Colonel. Tom Riha had disappeared. Riha, who was fluent in Russian, had spent a year as an exchange student in Moscow and had led trips for other professors to Russia, so there was speculation that he may have been involved with the CIA, or even the Russian government. But a Boulder Police spokesman said that he understood that Riha had disappeared on his own accord, and that the police had been told by an agency not to worry. The FBI was mum: they said it was their policy not to reveal whether or not an investigation is in progress. In response to growing concern, CU President Joseph Smiley issued a statement. Smiley said he had contacted a reliable source and received information in confidence that Riha was safe, but that he was unable to learn where he was or the circumstances of his disappearance. At about the same time that President Smiley sought to allay rumors, Riha s art collection was donated to the Denver Art Museum and his books were sent to Loretto Heights College. His home and car were sold. The deed of trust and promissory note executed for the sale of the Boulder home were made payable to Galya Tannenbaum. Tannenbaum stated that she was authorized to dispose of Riha s property. She also claimed that Riha was in Montreal and had visited her twice. Meanwhile, on June 18, 1969, a friend of Tannenbaum s, seventy-eight year old Gustav Ingwerson, died in Denver. The autopsy found death was due to potassium cyanide. Tannenbaum presented a will that Ingwerson made thirteen days before his death. She was a principal beneficiary of his estate. Four months after Ingwerson s death, Margaret Egbert, 51, died in Denver. She left a suicide note that the Denver District Attorney later said was a fraud. She was another friend of Tannenbaum s. Cause of death potassium cyanide. Not satisfied with Tannenbaum s explanations, Boulder and Denver District Attorneys filed criminal charges against her. The Boulder D.A. charged Tannenbaum with forgery of the deed and deed of trust in the sale of Riha s home as well as forgery of a check on his account to Judson Aviation in Longmont. The Denver District Attorney charged her with forging Ingwerson s will and the transfer of title to Riha s car. A police search of Tannenbaum s home in Denver uncovered Riha s passport and driver s license. In the basement of her home, they found a pound of potassium cyanide. During the early stage of the investigation, I was contacted by a detective from the Denver Police Department and told there was insufficient evidence to indict Tannenbaum for the two murders. Prosecution would proceed on multiple forgery charges. Hana Riha cooperated with the police and supplied handwriting specimens of Tom s signature and identified some of his personal property, and also gave them information about her husband s dental history. When criminal charges were filed, Tannenbaum s previous record came up. Twice she had been imprisoned in Illinois for forgery and embezzlement and, in Texas, had been placed on probation for mail theft. Born Gloria Forest, Galya Tannenbaum was married twice and sometimes used her married names McPherson and Scimo. She had a common law marriage with Leo Tannenbaum. Tannenbaum pleaded not guilty by reason of insanity in both Boulder and Denver District Courts. In July 1970, a sanity trial was held before Boulder District Judge John B. Barnard. Psychiatric testimony revealed that Tannenbaum had a long history of mental illness and hospitalization. Judge Barnard found that Tannenbaum was suffering from a disease of the mind and was incom- (continued on page 12) Level I & II DUI/DWAI Treatment Alcohol & Other Drugs (AOD) Minor-in-Possession (MIP) Court-recognized Evaluations Rangeview Counseling Center A full service substance abuse and mental health agency. September is Recovey Month Substance abuse and mental health disorders can be successfully treated. Recovery benefits the person, the family, the community. Learn about How Treatment Works Sept. 28-9am to noon at the Naropa Nolanda Campus located at Arapahoe and 63rd. See our website for more details. Phone: SEPTEMBER

12 A TWENTIETH CENTURY MYSTERY (continued from page 11) petent to stand trial. She was committed to the State Hospital in Pueblo. Eight months later on March 7, 1971, Galya Tannenbaum committed suicide in the State Hospital. Cause of death potassium cyanide. * * * Tannenbaum s death did not resolve the mystery of Tom Riha s disappearance. At the end of 1971, the New York Times reported that the investigation of Riha s disappearance caused a serious breach in the working relationship between the CIA and the FBI. Apparently, the CIA had a strong interest in Riha s disappearance, but was forbidden by law from conducting intelligence in the U.S. A Denver FBI agent, on his own, had told a CIA employee that there was no foul play in Riha s disappearance the professor had chosen to leave for personal reasons. The CIA then urged the FBI to tell Dr. Smiley that Riha was safe, but the FBI refused to do so. Nevertheless, the CIA went ahead and told Dr. Smiley there was no foul play in the disappearance of Thomas Riha. When Dr. Smiley let this be known, FBI headquarters in Washington called the Denver FBI demanding to know who leaked that information. The Denver office did not know who leaked it. FBI Director, J. Edgar Hoover, then contacted the CIA Director, Richard Helms, but Helms refused to name the FBI agent who leaked the information to the CIA. J. Edgar Hoover, furious, broke off liaison with the CIA and ordered that any subsequent exchange of information between the FBI and the CIA would be by letter only unless authorized by Hoover. Intelligence officials pleaded that their effectiveness would be impaired. In 1975, James J. Angeton, the CIA former Chief of Counter Intelligence, testified before Congress. The Riha case, Angeton said, not only caused the FBI-CIA break, but caused the FBI to cut off all its liaison with the entire intelligence community, except for the White House. In 1975, Colorado Senator Gary Hart, a member of the Senate Intelligence Committee, released a previously classified CIA report that noted an individual (whose name was blanked out) had learned that in 1973 Thomas Riha had been sighted in Prague. Senator Hart also released another previously classified letter, this one from Richard Helms to J. Edgar Hoover seeking to avoid embarrassing public speculation about the involvement of the CIA and the FBI in Riha s disappearance. The letter revealed that in 1970, Denver District Attorney Mike McKevitt, interested in investigating Tom Riha s disappearance, had considered subpoenaing President Smiley about Smiley s contact with a confidential source that assured him of Riha s safety. A CIA agent named Todorovich contacted McKevitt and asked him if he would like to talk to Smiley. When McKevitt talked to Smiley, an embarrassed Smiley told the District Attorney that he had misunderstood the information he received and apologized. McKevitt issued a statement that it was an honest mistake and misunderstanding on Smiley s part. Smiley was not subpoenaed. But McKevitt said at that point he had grave doubts that Riha was alive. The same year, The Denver Post reported that Colorado Governors John Love and John Vanderhoof withheld a Colorado Bureau of Investigation report about Galya Tannenbaum s suicide for three and a half years because of Grand Jury investigations and pending litigation. The report had declared that Tannenbaum had hidden cyanide in a body cavity when she checked into the State Hospital. Incredibly, in the hospital she had convinced her mental health worker, Henry T. Madrid, that she was a powerful person with ties to the Mafia. Frightened for himself and his family, Madrid accepted a package from her and hid it in his garage. He returned it to the police after her death. It was cyanide. On the night she died, Galya Tannenbaum sat with her mental health worker, Henry Madrid. She (continued on page 14) 12 SEPTEMBER 2011

13 ALS COMMITTEE (continued from page 6) vantaged. These criteria for the award make the Committee uniquely suited to identify worthy candidates. Thanks For All You Do! We attorneys in Boulder County have earned the right to be proud of what we do and what we have accomplished, both individually and collectively, on a volunteer basis for others, and especially what we do for underprivileged and disadvantaged members of our community. The annual Pro Bono Luncheon is a celebration of that collective effort. The description at that event of what is being done and the huge proportion of local attorneys involved in the effort, and the amount of time that some of the local attorneys contribute, is truly unbelievable! Yet that event speaks only to the volunteer effort that is coordinated through the BCLS program. There is a huge amount of additional volunteer effort from the local bar that doesn t receive any formal recognition. Please give yourselves a collective pat on the back! At the same time, please consider becoming an active member of the ALS Committee, so that you can be even more effective in the effort to bring improved legal services to the disadvantaged within our community. Steve Barnett is chairperson of the ALS Committee and a sole practitioner in Louisville, specializing in small business, real estate, & wills, trusts and estate matters. In Memory of Dan Bernard (continued from page 7) Over the next 36 years, he developed a statewide practice focused on the representation of school districts, including the St. Vrain Valley School District. Dan developed a specialty as a negotiator for management rights in collective bargaining agreements with teachers associations. He negotiated working agreements throughout the state and often served as special counsel to districts in arbitration hearings. Recently retired, he remained Senior Counsel to the firm. Dan s approach to collective bargaining was to be firm but fair, honest in all dealings, and professional in all settings. He was known and admired for his calm demeanor, his integrity, and his ability to find the middle ground on even the most contentious issues. His law partners friends and colleagues remember Dan s famous form of greeting - a salute or wave when you walked into a big room, or a restaurant, or a party. His arm would shoot straight up with his fingers close together-signaling come join us, come be part of us. It told you immediately that you were welcome. Bernard volunteered in a variety of ways, serving as President of the Boulder County Bar Foundation, President of the Boulder County United Way, President of Fox Hill Country Club, Board Member of the Duke Law School Alumni Association, Chair of the City s Long Range Planning Commission, Treasurer of the Longmont Area Chamber of Commerce, and a Paul Harris Fellow in the Longmont Rotary Club. Dan worked on community-wide fundraising campaigns, serving as a Superconductor candidate for the Longmont Symphony Orchestra and co-chair of the OUR Center Benefit Golf Tournament. For the past decade he served as a Director of the Education Foundation for the St. Vrain Valley, which seeks to support teachers and programs in local schools. Dan is survived by his wife, Dale; his daughter, Kate Buchanan, and her husband, Phil; his son, Ryan Bernard, and his wife, Leah and five grandchildren. SEPTEMBER

14 PROFESSIONALISM COMMITTEE (continued from page 4) TWENTIETH CENTURY MYSTERY (continued from page 12) entered and active on behalf of Plaintiffs in this case, are also five attorneys, from three different firms; so perhaps Plaintiffs are ill equipped to argue that Defendants have too many attorneys. Finally, Plaintiffs argue that surely Mr. Erman will have sufficient time to make it from the Kansas City trial to the Dallas birth, even helpfully pointing out the number of daily, non-stop flights between the two cities; and in any event complain of the inconvenience of this late requested continuance. Certainly this judge is convinced of the importance of federal court, but he has always tried not to confuse what he does with who he is, nor to distort the priorities of his day job with his life s role. Counsel are encouraged to order their priorities similarly. Defendants Motion is GRANTED. The Ermans are CONGRATULAT- ED. IT IS SO ORDERED. Dated this 12th day of April, ERIC F. MELGREN UNITED STATES DISTRICT JUDGE Case 2:08-cv EFM Document 163 Filed 04/12/ do as adversaries do in law, strive mightly, but eat and drink as friends. Shakespeare, The Taming of the Shrew, Act I Scene 2. told him, I took it... do you want to hold my hand? Then she said, Of everything I ve done, I didn t kill Riha. When Madrid got up to hold Tannenbaum s hand, her head rolled back. * * * * The administration of the estate of Thomas Riha was complicated and delayed by his mysterious disappearance, the alleged fraudulent conveyance of his property by Galya Tannenbaum, the courts finding that Tannenbaum was insane and finally her suicide. It took ten years to resolve these issues, and once again the CIA was involved. Thomas Riha s nephew, Zdenek Cerveny, petitioned the Denver Probate Court for an order declaring that Thomas Riha was an absentee, alleging that Riha had disappeared on March 14, The Judge determined that Thomas Riha was an absentee, but there was insufficient evidence to establish his death. The petitioner was forced to rely on the presumption of death after seven years of unexplained absence. The conservator of the Riha estate requested documents from the CIA under the Freedom of Information Act concerning Riha s disappearance and his reported sighting in Prague in The CIA refused to produce the documents claiming that disclosure would jeopardize national security. The conservator filed suit in the Denver U.S. District Court alleging that the CIA had not acted in good faith in refusing to produce documents. Although Federal District Judge Richard P. Matsch denied the CIA s motion for a summary judgment, he ordered the CIA to contact Director Stansfield Turner and provide the court what was in the files and what full disclosure would mean in relation to national security and national defense. Stansfield Turner s response was enigmatic. In October 1977, he wrote, I am not insensitive to Plaintiff s desire to determine whether his uncle is alive or dead. However, in my opinion, the most that can be said about the information contained in agency files is that it is inconclusive. The estate of Thomas Riha was finally closed in August of Five thousand dollars of the total estate of $14,500 was paid to Hana to satisfy a lump sum award for alimony and property division which was ordered by Boulder District Judge Horace B. Holmes in 1969.So what happened to Thomas Riha? Did Galya Tannenbaum kill him? Galya Tannenbaum told a fellow patient at the State Hospital that she had used cyanide to kill three persons, among them Riha, whose body she wrapped in a plastic bag and placed in a Denver sewer. Yet the last words she spoke to Henry Madrid, her mental health advisor, before she died were, I didn t kill Riha. The relationship between Tannenbaum and Riha is puzzling. Thomas Riha, a very intelligent man, was so influenced by Galya Tannenbaum that he interfered with his neighbors who were rescuing his wife. Riha was somehow convinced that Tannenbaum was a Colonel in Army Intelligence and very powerful. The basis for the FBI conclusion that Riha left on his own accord has never been revealed. The conclusion has been questioned by Riha s colleagues who claim that Riha would not have left without his passport, and that the conscientious and careful Tom Riha would not abruptly or lightly abandon his collection of art, (continued on page 15) 14 SEPTEMBER 2011

15 TWENTIETH CENTURY MYSTERY (continued from page 14) his books, and his university responsibilities. The CIA took extraordinary steps to avoid public scrutiny. At the time suspicions were raised by the University community concerning Tom Riha s disappearance, a CIA agent informed CU President Smiley that Riha was safe and left on his own accord. Denver District Attorney Mike McKevitt publicly discussed subpoenaing Dr. Smiley in the Ingwerson murder investigation, but McKevitt said, like a bolt out of the blue, the CIA intervened to prevent him. Even the Senate Intelligence Committee was denied complete information. Declassified correspondence released by Senator Hart revealed that five specific questions posed by the Senate Committee concerning the information given to Dr. Smiley were simply ignored. The letter from Director Stansfield Turner responding to Judge Matsch provided no helpful information. CLASSIFIED ADS DO YOU HAVE A CLIENT WHO MUST HAVE SUPERVISED PARENTING TIME? $40/hr. portal-to-portal - Experienced- Reliable - Responsible - Notary - Reference available Cathy Schultheis, Paralegal Services & Mediation since MOBILE NOTARY AND CONTRACT PARALEGAL SERVICES. Civil Litigation. ADC/CJA. Real estate transaction. Roz Lynn Dorf, M.A Disillusioned law student. Seeking mentor to provide inspiration and real world legal experience. Proficiency with Microsoft Office, Lexis/Nexis, Westlaw and an eagerness to help in anyway possible. at CU Law Student. Available for part time work in a small firm. Able to assist with general office tasks, including clerical and administrative work. Proficiency with Microsoft Office, Lexis/Nexis, Westlaw. Customer service experience. or Ben at Beautiful three office suite ~700 sf, located across from Eben G Fine Park; configured with two good sized offices and a large conference/secretarial area; shared kitchette and reception area, operating windows, parking, WIFI access, receptionist and other admin services avail upon request. $1800/month negotiable. Call Linda Great office in suite with reception, conference room, kitchen/storage, fax/copier. Large windows, trees. Free parking lot. Retiring attorney, possible referrals. Furnished or unfurnished. $880/month Valmont, Suite Synergistic Office Opportunity, single office or 1250 sq. ft. Suite, available in architecturally unique 250 Arapahoe Ave. Close to downtown and court with a mountain feel and spectacular views. Join 15 other attorneys on-site. Contact Jill or BILLING: Experienced and affordable freelance legal billing available for small firms/sole practitioners. Heather at or After forty-two years, the mystery of Thomas Riha s disappearance and the strange role of Colonel Tannenbaum has never been solved. Gerald Caplan, Of Counsel to Caplan and Earnest LLC, is a past president of the Boulder County Bar Association and the Boulder County Bar Foundation. He can be reached at , v. 1 SEPTEMBER

16 Boulder County Bar Association 1942 Broadway, Suite 205 Boulder, Colorado Return Service Requested THE BOULDER COUNTY BAR ASSOCIATION NEWSLETTER IS PUBLISHED MONTHLY BY THE BOULDER COUNTY BAR ASSOCIATION. ARTICLES BY GUEST LAWYERS MAY NOT BE REPRODUCED WITHOUT PERMISSION FROM THE AUTHORS. Phone: Broadway, Suite 205 Boulder, CO Executive Director and Newsletter Editor... Christine Hylbert Executive Assistant...Lynne Barnett Editorial Assistance...Barry Satlow Advertising Opportunity in the BCBA Annual Membership Pictoral Directory Inside front cover $500 Inside back cover $500 smaller ads $250 (1/4 to 1/2 page ads) Call Christine for more information

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