New hope in old case
Grand jury could probe vanishing of Beth Miller
By Charlie Brennan, Rocky Mountain News
June 21, 2006
Lynn Granger has hope - once again.
The former mayor of Georgetown is optimistic that a grand jury may be seated this year in the decades-old vanishing and presumed murder of her sister, Beth Miller.
And if a grand jury is empaneled, Granger said, she believes her younger sister's case can be resolved.
Granger said there are two suspects - one dead and one still living - that a grand jury should focus on.
"The D.A. agrees, the Colorado state attorney general knows of this lead and the CBI agent who worked with us all say this lead is screaming for a grand jury," said Granger, 43.
Her statement was echoed by Larimer County Sheriff Jim Alderden, who spent several years working the case for the Colorado Bureau of Investigation before being elected to his current post in 1998.
"I'm ecstatic about that," Alderden said of the grand jury possibility.
"This is a crime that could have been solved years ago with a grand jury or a coroner's inquest," Alderden said.
"There are people out there who have information about what happened, and they haven't been forthcoming with that information. I think this is the best bet to get all the information out there. There's a family that has been left hanging for over 20 years now, without having answers as to what happened to their daughter and sister."
Mark Hurlbert, district attorney for Colorado's 5th Judicial District, confirmed Tuesday that he will soon file a motion asking Chief District Judge W. Terry Ruckriegle to approve a grand jury in Beth's case. If approved, a grand jury could begin its work by the fall.
Beth, just past her 14th birthday, disappeared from Idaho Springs the morning of Aug. 16, 1983, when she went for a jog.
She was never seen again. Although her body has never been found, Beth - who would be 36 if still alive - was declared legally dead in July 1994.
Hurlbert said there is no new evidence in the case. But he agreed that a grand jury might unlock the truth of what happened.
"I believe it certainly could be" solved, Hurlbert said. "But I believe what you really need is the investigative tools of a grand jury. We have run into a bit of roadblock on what we can do," absent a grand jury's powers.
Specifically, Hurlbert cited a grand jury's ability to subpoena records and to offer certain witnesses immunity in return for their testimony.
Granger, who is married to Clear Creek District Judge Russell Granger and who works as a police dispatcher for the town of Black Hawk, wrote to Hurlbert about six months ago, urging more work on a lead developed more than 10 years ago by Alderden.
Alderden's casework led him to a man in New Mexico, Edward Apodaca, who was murdered by his wife and mother-in-law in 1990.
A former girlfriend of Apodaca's, Granger said, now believed to be living in the Denver area, allegedly told police and others that she helped murder Beth and bury her remains.
Granger, who is also a former Clear Creek County sheriff's deputy and has worked on her sister's case in cooperation with the CBI, hopes a grand jury will result in the indictment of Apodaca's onetime girlfriend. Granger knows the woman's identity but did not wish to state it publicly.
"It will be a lot easier on everyone involved if she were to come forward with any information she has, now," Granger said.
"If we have to get as far as the grand jury, I will personally push for the most harsh sentence allowed."
Alderden said he had identified three strong suspects in the case but that Apodaca and his girlfriend were the most compelling.
"The girlfriend, I believe, knows where Beth Miller's body is," Alderden said.
So strong has the pull of the case been on Alderden that he spent some time digging at a suspected burial sight for Beth on his last day at the CBI.
"That's what we were trying to resolve for the family, primarily. The primary issue was (to) recover Beth's remains to put her to rest."
Hurlbert said that, if OK'd by Ruckriegle, this would be the first grand jury in his district for at least a dozen years. Judicial districts of more than 100,000 people in Colorado are required by law to always have a sworn grand jury available, whether there is work for them or not.
The 5th Judicial District includes Eagle, Summit, Clear Creek and Lake counties but is home to just less than 100,000 residents, Hurlbert said, thereby requiring a chief judge's approval for a grand jury.
Hurlbert did not want to speculate on whether Ruckriegle would endorse the grand jury or not.
At the prompting of the National Center for Missing and Exploited Children, Granger has started a nonprofit support group, Foundation for Siblings of Missing and Abducted Children.
She said she hopes it can be a positive resource for people who have endured the type of pain and frustration the Miller family has endured since the summer morning she lost her kid sister.
"We were requesting a grand jury years ago," Granger said. "We needed a grand jury to get the suspects to talk so that we could find the body. But without the body, we couldn't get a grand jury.
"It was a Catch-22.''
brennanc@RockyMountainNews.com or 303-892-2742
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4790358,00.html