Steamboat businessman Kellogg remains in custody
Hearing date postponed; Steamboat businessman held at federal facility in Englewood
October 25, 2010
Steamboat Springs — Steamboat Springs homeowner and real estate developer Brooks Kellogg remains in custody after his arrest last week on suspicion of trying to pay for murder. A hearing scheduled for Monday in U.S. District Court in Denver was postponed until Nov. 1.
Denver lawyer Larry Pozner, who is representing Kellogg, said the 73-year-old man is being held at a federal detention facility in Englewood. Pozner said Monday that his legal team has met with Kellogg, who is doing "good, all things considered."
Kellogg was arrested last week at Denver International Airport on allegations that he tried to pay for the murder of a Florida man who settled for $2.5 million in a lawsuit against business entities owned by Kellogg and a Steamboat business partner.
Kellogg is the managing member of Chadwick Real Estate Group in Steamboat and owns the Old Pilot Building, 1041 Lincoln Ave. He also owns a home overlooking Rollingstone Ranch Golf Club in Steamboat Springs.
Kellogg is a part-time Steamboat resident. He and his wife, Gail, also own homes in Chicago and Hays, Kan.
Kellogg's detention hearing and preliminary hearing now are scheduled for 1:30 p.m. Nov. 1 in the courtroom of U.S. Magistrate Judge Kristen L. Mix.
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Kellogg is charged with one count of use of interstate commerce facilities in the commission of murder-for-hire. If convicted, the U.S. Attorney's Office has stated, he could be sentenced to as many as 10 years in prison and fined as much as $250,000.
Attorney's Office spokesman Jeff Dorschner said the Nov. 1 hearing will determine whether there is probable cause for the charge. The hearing also will determine whether Kellogg should be released on bail and, if so, the amount of that bail. From there, prosecutors would have 30 days to indict Kellogg by grand jury to move the case forward.
An FBI affidavit released last week alleges that Kellogg conspired in an effort to kill Stephen Bunyard, of Destin, Fla., whose corporations settled for $2.5 million in a lawsuit against Chadwick entities. That judgment now is in collection, the affidavit stated. A second suit for $500,000 is scheduled for arbitration in February.
The affidavit detailed Kellogg's alleged Oct. 19 meeting with an undercover FBI agent, posing as a contract killer, in a DIA concourse. The affidavit stated that Kellogg paid the agent $2,000 as expense money for a contract killing of Bunyard that had been planned, the FBI stated, in correspondence with a Clifton woman and her husband in the past several months.
Pozner reiterated today his position that the alleged crime does not fit with Kellogg's history.
"As of today, we have received no police reports, so we really do not have any witness statements or any other evidence in the case," Pozner said. "Brooks Kellogg is a very successful businessman, a philanthropist, he has no criminal background. So this is an inexplicable situation."