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Thread: Nathan Dunlap - Colorado

  1. #51
    Administrator Moh's Avatar
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    Hickenlooper Hints At Clemency For Death Row Inmate If He Loses Re-election

    An interview that never aired is reverberating through the Colorado governor’s race.

    If Gov. John Hickenlooper loses his re-election bid in November, he is considering granting a convicted murderer clemency in one of his final acts as governor.

    Hickenlooper is most likely to take this action if he feels his opponent played “political football” with his decision to grant the inmage an indefinite stay of execution

    “[I]f they did do that, and if somehow they won, there are obviously remedies that the governor can do,” he said during an interview with CNN earlier this year, but which hasn’t yet aired.

    “I could give it a full clemency between Election Day” and when a new governor is sworn in, he said.

    The audio of the conversation was obtained from Hickenlooper’s office through an open records request by the website Complete Colorado. It was reported on Saturday by the Craig Silverman radio show in Denver. It has been a subject of contoversy since.

    The interview was conducted before Republicans nominated a candidate to challenge him as governor. Hickenlooper is asked to respond to criticism that his stay of execution in the case of convicted murderer Nathan Dunlap was a display of weak leadership.

    Hickenlooper had come under fire for not taking a definitive stance in the case. The indefinite stay neither granted nor denied clemency, but laid the ultimate decision about Dunlap’s fate at the feet of a future governor.

    Bob Beauprez, the Republican challenger who won the primary, has been clear about what he intends to do if he wins the election.

    “When I’m governor, Nathan Dunlap will be executed,” he said during a GOP debate in May, according to the Denver Post.

    Whether that constitutes a “political football” in Hickenlooper’s estimation remains to be seen, but he told CNN that he wouldn’t let the race for governor turn into a “lynch mob” (in the producer’s words) over Dunlap’s life.

    “[W]e won’t let that happen,” Hickenlooper said.

    ”[I]f that becomes a political issue,” he continued. “In that context within a campaign, obviously there’s a period of time between the election and the end of the year where individuals can make decisions, such as a governor can.”

    “[T]he issue that a political campaign would make a human life, into, you know, a political football, is unacceptable.”

    George Brauchler, the district attorney whose office prosecuted Dunlap, called the disclosure “explosive” on a radio talk show Saturday morning.

    “What he’s not telling Colorado, but he’s telling CNN, is ‘don’t worry, I’ve already granted clemency,’ because either I’m going to get re-elected and he’s not going to die or I’m going to lose and he’s not going to die,” Brauchler said.

    Brauchler also said it is Hickenlooper, not his opponents, who has injected the question of Dunlap’s execution into the campaign.

    “He has made Nathan Dunlap’s life in this case a political issue,” he said. “And now throws down the declaration to CNN, ‘if someone beats me or someone is going to use this to defeat me, I will make sure that the greatest mass murderer in the history of Colorado — convicted — stays alive.’ I’m outraged.”

    Hickenlooper recently told a reporter from Denver’s Fox 31 that he is now against the death penalty; during his previous campaign for governor, he said he supported it.

    Dunlap shot and killed four employees of an Aurora Chuck E. Cheese’s restaurant in 1993. He was also convicted of attempting to murder a fifth. He had been scheduled for execution in August 2013.

    http://dailycaller.com/2014/08/25/hi...#ixzz3BTVbd2nm

  2. #52
    Administrator Heidi's Avatar
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    Set your DVR's

    CNN doc on Nathan Dunlap case to air Sunday night

    A CNN documentary on the Nathan Dunlap capital punishment case is set to air Sunday after making headlines in Colorado last week. That’s when a yet-to-be-aired interview with Gov. John Hickenlooper surfaced, and in it he suggested he could grant the convicted killer clemency.

    The episode of “Death Row Stories” is scheduled to premier at 8 p.m. Mountain time on the television news channel.

    The governor’s campaign said Hickenlooper’s comments during the CNN interview do not represent any altering in Hickenlooper’s sentiments from a May 2013 indefinite reprieve he granted to Dunlap.

    In the CNN interview, Hickenlooper said he didn’t want the Dunlap case to become a “political football” and that “We won’t let that happen.” Hickenlooper told CNN it would be “unacceptable” for anyone to make the death penalty — specifically the Dunlap case — into a campaign point.

    “If that becomes a political issue in that context within the campaign, obviously there is a period of time between the election and the end of the year where individuals can make decisions, such as governors can,” Hickenlooper said in the interview.

    Hickenlooper’s Republican challenger in the November election, Bob Beauprez, has vowed to execute Dunlap if elected.

    Joey Bunch and I took a look at the death penalty as a possible factor in this year’s gubernatorial election. You can find that story here: “Colorado’s pro-death penalty voters could make Hickenlooper pay.”

    Meanwhile, the Republican Governor Association on Thursday released a pro-Beauprez ad attacking Hickenlooper’s quirkiness. In it, a person holds a cue card for the governor that says “STOP SAYING CLEMENCY.”

    http://blogs.denverpost.com/thespot/...-night/112232/
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  3. #53
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Colorado death sentence inmates moved to state penitentiary

    DENVER (AP) - Three Colorado inmates facing the death penalty have been transferred from a prison in Sterling to the Colorado State Penitentiary in Canon City.

    Adrienne Jacobson, a spokeswoman for the Colorado Department of Corrections, told The Denver Post (http://goo.gl/v73T0d ) on Monday that Nathan Dunlap, Sir Mario Owens and Robert Ray are now housed in “management controlled units,” among a group of five other inmates.

    The three were moved to the Sterling Correctional Facility about four years ago because of a lack of outdoor access. That issue has been resolved, prompting the move to the state penitentiary.

    The death sentence inmates typically are out of their cells for about four hours a day.

    http://www.washingtontimes.com/news/...-to-state-pen/

  4. #54
    Senior Member Member Big Jon's Avatar
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    Quote Originally Posted by Slayer View Post
    Do you think that Hinkenlooper will pull the trigger on Dunlap given that he's a Dem?
    Last Colorado execution was with a Dem as the governor who refused to grant him clemency.

  5. #55
    Senior Member Member Big Jon's Avatar
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    Governor John Hickenlooper remains open to commuting death sentence for Chuck E. Cheese killer

    Nathan Dunlap’s defense attorneys told a federal judge Wednesday that Gov. John Hickenlooper is considering commuting the death sentence for the Chuck E. Cheese killer before the end of his term.

    The attorneys asked the judge to approve spending $750,000 in an effort to persuade the term-limited Democrat with new evidence from a psychiatrist about the impact of Dunlap’s traumatic childhood on his decision-making.

    One of Dunlap’s attorneys, Madeline Cohen, said that members of Hickenlooper’s staff have suggested the attorney’s strategy may be received favorably, but not until the end of his term in early 2019.

    “We’ve been given an indication that the expert issues may move the ball forward,” Cohen said in a Denver courtroom. “It has the potential of persuading the governor.”

    Hickenlooper was not available for comment, but spokeswoman Jacque Montgomery said he has not made a decision yet. She acknowledged that the governor’s legal team spoke to Dunlap’s attorneys, which is normal protocol on clemency requests, but offered no indication of a timeline for a decision or what information to provide.

    “We have never given any indication of where the governor is on this case or any case,” she said.

    However, the governor said he is open to the idea of granting Dunlap clemency. “It’s something that merits thought and it’s on my list,” he said in an interview posted earlier Wednesday by a website affiliated with the Colorado Springs Gazette.

    The defense attorney’s comments once again put the spotlight on one of the most controversial decisions of Hickenlooper’s two-terms as the state’s chief executive and insert the life-or-death prospects of a convicted killer squarely into the 2018 race to replace him.

    U.S. District Court Senior Judge John Kane cast doubt on the defense attorney’s strategy to spend money to persuade Hickenlooper, suggesting that asking the governor to take a stand is a little like a Pillsbury commercial.

    “You poke the Pillsbury Doughboy in the belly, there’s a giggle and that’s the end of it,” Kane said. “All of this is because we have a present governor who is not making a decision. … I’m not about to endorse the present situation. …These are not legal issues.”

    In 1993, Dunlap, 19, was convicted of murdering four employees and severely wounding another at his former workplace, Chuck E. Cheese’s, and received the death penalty. Dunlap was scheduled for execution in August 2013. On May 22, 2013, Hickenlooper announced he had given him a temporary, but indefinite, reprieve to life in prison.

    The decision marked a reversal for the governor, who earlier supported the death penalty. In his memoir, released in 2016, Hickenlooper recounts his decision to grant the reprieve and how he “would not support the death penalty system as a form of justice.”

    He particularly notes that three jurors later said they might not have supported the death penalty if they knew Dunlap was bipolar. A death sentence in Colorado requires a unanimous verdict.

    Cohen defended the expense to lobby the governor, saying that the defense team is responsible for pursuing all strategies. She indicated her strategy took new urgency after The Denver Post reported that Republican gubernatorial candidate George Brauchler vowed if elected to put Dunlap’s execution on track starting “Day 1.”

    “He is trying to kill our client,” said Cohen, referring to Brauchler.

    Brauchler is the 18th Judicial District attorney who sought the death penalty for the Aurora theater shooter and entered the statewide stage after blasting Hickenlooper’s decision to grant Dunlap a reprieve.

    In a statement Wednesday, Brauchler said Hickenlooper “perpetual indecision continues to rob the victims of this cold-blooded mass murderer the closure and justice they deserve.”

    Like Brauchler, the federal judge took issue with the legality of Hickenlooper’s decision, emphasizing repeatedly that it is a political one that left Dunlap in limbo.

    “Reprieves are not expressed in the Constitution,” Kane said. “The reprieve thing is a construct that doesn’t exist in the law.”

    The governor’s office disputes the suggestion and notes the power to “grant reprieves” is written directly into the constitution.

    The judge said he is concerned that spending money earmarked for judicial proceedings in an attempt to persuade Hickenlooper would be a misuse of federal court funds and violate the state constitution.

    Kane said he has already authorized $396,947 for Dunlap’s defense without knowing how that money was used and decided to withhold further spending “until such a time that I receive from the governor or you what sort of things are needed by the governor in order to proceed.”

    “It seems like it is going into a black hole … without having the faintest idea what it is for,” he said of the past spending. “It’s this netherworld that is of great concern to me. I can’t swing at the ball until someone throws a pitch.”

    Kane also expressed concern that the defense is contacting the governor outside the courtroom, which does not give prosecutors the chance to challenge scientific theories about how Dunlap’s childhood affected his decision-making skills.

    “Who is yapping in politics is not my concern,” Kane said. “I can’t approve these expenditures based on oblique representations. That is something that should be reserved for a pub.”

    The defense attorney told the judge that it has been difficult for the defense to discern the governor’s approach to the case. Cohen added that since the governor granted the reprieve, Dunlap’s defense attorneys have had intermittent conversations with the governor’s office.

    She repeatedly expressed concerns about revealing the defense strategy in court before the media. “It’s very confusing for all of us,” Cohen said.

    This is not the first time Hickenlooper raised the possibility of granting Dunlap clemency. In his 2014 re-election bid, when he faced a Republican opponent who promised to execute Dunlap, the governor told CNN full clemency “between election day and the end of the year” was one option.

    There are a number of different opportunities to make sure that doesn’t happen,” he said at the time. “Again, human life should not be a political football.”

    http://www.denverpost.com/2017/04/19...unding-denied/

  6. #56
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    Judge denies Chuck E. Cheese killer’s second plea for legal funding

    Federal Senior Judge John Kane has rejected a second plea by lawyers for Chuck E. Cheese killer Nathan Dunlap seeking $750,000 to help persuade Gov. John Hickenlooper to commute his death sentence.

    In an order posted Thursday, Kane wrote that it would be irresponsible “for me to authorize the expenditure of such a large sum at this point” for the purpose of attempting to persuade the governor to grant Dunlap clemency. He added that Hickenlooper previously stated that an earlier decision to grant Dunlap a reprieve was “related to the death penalty itself, not circumstances specific to Mr. Dunlap.”

    Kane noted that the funds were sought through the federal Criminal Justice Act, which limits the amount that can be spent on expert, investigative and other expenses to $7,500. But Dunlap’s request included a petition for $215,000 in expert and investigative expenses, which is 28 times the statutory limit, he wrote.

    “In addition to not establishing that the services are reasonably necessary, Mr. Dunlap also has not sufficiently shown that the services are of such an unusual character or duration that they merit trampling the statutory limit,” Kane’s denial released Thursday says.

    Dunlap was 19 In 1993, when he was sentenced to death for the murders of four employees at his former workplace, Chuck E. Cheese. He also severely wounded another person.

    Dunlap was scheduled for execution in August 2013. On May 22, 2013, Hickenlooper announced he had given him a temporary, but indefinite, reprieve to life in prison.

    Kane’s order also takes aim at Hickenlooper’s reprieve, noting that a reprieve is “a temporary postponement of an execution of a criminal sentence, especially a death sentence” for an interval of time.

    “Such an indefinite reprieve strains credulity,” Kane’s order says. “It is absurd to suggest that ―temporary can be contorted to mean ― ‘indefinite’.”

    Dunlap’s attorneys previously said that members of Hickenlooper’s staff have suggested the attorney’s strategy may be received favorably, but not until the end of his term in early 2019.

    Hickenlooper’s spokeswoman Jacque Montgomery previously denied that the governor has given any indication one way or the other. But Hickenlooper has said is considering a possible commutation of the death sentence.

    http://www.denverpost.com/2017/05/12...unding-denied/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #57
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Colorado governor: Not considering case of killer of 4

    The Associated Press
    Sacramento Bee

    DENVER - Colorado Gov. John Hickenlooper said Monday he has no plans to consider convicted killer Nathan Dunlap's efforts to commute his death sentence.

    Hickenlooper briefly addressed the case during a news conference in which he announced pardons for 22 individuals he said had served their time, rebuilt their lives and are contributing to their communities.

    Dunlap was sentenced to die in 1996 for the ambush slayings of four people inside an Aurora restaurant. In 2013, Hickenlooper indefinitely delayed Dunlap's execution, saying he had doubts about the fairness of Colorado's death penalty.

    He stopped short of converting Dunlap's death sentence to life in prison and said he would leave it to his successor to address the case. The term-limited governor is set to leave office in January 2019.

    "We are not considering Nathan Dunlap," the governor said Monday. "Not on my list."

    The Denver Post has reported that Dunlap's attorneys want to present new evidence about the effect of Dunlap's traumatic childhood on his decision-making.

    Madeline Cohen, an attorney who represents Dunlap, said she had no formal comment on Monday.

    Hickenlooper said he and his administration plan to complete reviews of roughly 475 clemency petitions. Most of those decisions released Monday concern crimes ranging from theft to marijuana sales convictions.

    Of the decisions released Monday, Hickenlooper said each case had been reviewed exhaustively. Victims, victim advocates, judges and prosecutors were consulted. Many cases date back decades, and convictions barred many years later from getting jobs or finding places to live, the governor said.

    "Some of these individuals have gone above and beyond for their communities and for themselves," he said, adding, "This decision in no way lessens the impact their crimes had on others."

    The clemency decisions include cases involving theft and non-violent drug offenses, such as possession of marijuana, dating to the 1990s. One felony grand larceny case dates to 1967.

    http://www.sacbee.com/news/politics-...185705178.html

  8. #58
    Senior Member Member Big Jon's Avatar
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    Bobby Stephens survived the Chuck E Cheese shooting. He even said that he'd be okay as long as either the execution is carried out or Dunlap is commuted to LWOP (most likely outcome). Sorry I couldn't post the entire article.

    https://coloradosun.com/2019/03/05/b...alty-colorado/

  9. #59
    Senior Member CnCP Legend Mike's Avatar
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    Governor Polis has officially commuted the sentences of all Death Row Inmates. The Death Penalty in Colorado is dead.

    https://drive.google.com/drive/folde...__btHIn5rHSQil
    Last edited by Mike; 03-23-2020 at 05:58 PM.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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