Frank Moya, the attorney representing some of the women busted in what became known as the "Father's Day Special," thought that Gross might have gone above and beyond the call of duty, and looked into getting the case tossed for "outrageous government conduct." But then he learned that the conduct was even more outrageous than he thought: notes detailing the actions that day had been destroyed, and audiotapes were missing, as Westword reported last fall.
Detective Roy Martin, an officer who'd been sitting outside the room, listening to the action, had written these words: "began oral stimulation." But Gross's official report didn't include any reference to oral stimulation, and according to another officer involved in the case, Gross asked Martin to destroy those notes, saying, "I'm not going to get up on the stand to explain this."
But he may have to. The Arapahoe County District Attorney's Office opened an investigation into the incident, and on Friday, May 24, it released a grand-jury indictment of Gross and Martin, who now both face charges of tampering with physical evidence and conspiracy to tamper with physical evidence. -- Patricia Calhoun