Adobe Acrobat Document Freytag Dismissal by DA, No Evidence, No Substance
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Adobe Acrobat Document Atny Aspinwall, Letter Re Freytag Dismissal
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Case History Section 12


1998 - June 2

Extradition Committal Based Upon Legalized Fraud

Phil Freytag Charges / DA's Motion to Dismiss Charges and Seal Records

Section 12 provides a copy of the DA's Motion to dismiss the criminal case against Phil Freytag as the alleged co-conspirator with Harmon for extortion as also charged and reported to the Canadian extradition proceeding. Phil's attorney, as former Deputy DA and prosecutor for El Paso County, originally presented his Motion to Dismiss the criminal charges, and in the preliminary hearing, the DA's prime witness and accuser, Harmon's then wife, Dearna Wilfred did not show up.  At the second hearing the DA himself presented the attached Motion to Dismiss the charges and ultimately seal the record due to "insufficient evidence".  This case was actually presented in Harmon's Canadian extradition hearing on June 2, 1998 where it was reported that Phil had already been charged and arrested as Harmon's alleged co-conspirator. This fact was utilized as the over-riding justification for the Canadian judge's approval of Harmon's extradition.  In fact, Phil's being charged and arrested took place 3 weeks later and then his subsequent dismissal as ordered by the DA and sealing of the court records followed soon thereafter.


Index of PDF Documents in Case History Section 12:




Pg       1-4          People's Motion to Dismiss /  Verified Petition to Seal Arrest and Criminal Records

Pg       1-2          Attorney Bill Aspinwall's legal opinion re: Extortion charge against Harmon      



  1. Phillip Freytag's role in this so called extortion was as a professional family mediator to assist in working out property and custody issues between Harmon and Dearna.  With the documented last draft of the agreement being essentially a 50/50 property settlement and a 50/50 custody settlement, how could such an agreement, absent any threats what-so-ever, be defined as the prime extortion evidence against Harmon and Phil?
  2. By the DA's own Motion to Dismiss the charges for insufficient evidence, it is self evident that there was no extortion, therefore why haven't the extortion charges against Harmon been dismissed as requested on numerous occasions by his legal counsel?
  3. Aspinwall's legal opinion comes from his background as former Deputy DA and prosecutor for the El Paso County DA's office.  With his compelling opinion noted, and the charges against Phil that underpinned the same charges against Harmon, now dismissed by the DA himself, what motivation did the DA have to create these charges in the first place, except to justify Harmon's bogus extradition in Canada and avoid international embarrassment?
  4. What would motivate DA's Jeanne Smith and John Suthers after this point of avoiding embarrassment with their unfounded charges to go one giant step further and violate the International Hague Commission Treaty by offering Harmon up to other charges in Arapahoe County and even to the Federal Attorney?  Shouldn't they all know better or were they then and are they now arrogant enough to believe that they can get away with anything?