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Thread: Sir Mario Owens - Colorado

  1. #31
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Colorado Supreme Court denies Independent petition for rehearing in death-row case

    By Alex Burness
    The Colorado Independent

    The state Supreme Court today denied The Colorado Independent‘s petition for a rehearing of its request to unseal records related to prosecutorial misconduct in the capital case against Sir Mario Owens.

    The Independent is now considering whether to file a petition for review by the U.S. Supreme Court of the Colorado high court’s decision.

    In originally denying the request for records to be unsealed, the court ruled June 11 that “unfettered access” to criminal justice records isn’t guaranteed by either the First Amendment or Colorado’s Constitution. The Independent sought a rehearing on the grounds that the court misunderstood the request, which was not for “unfettered access,” but rather access to four records in a particular case.

    That case involves a motion from lawyers representing Owens — one of three death-row inmates in Colorado; he was convicted convicted and sentenced to death in 2008 for the killings of Vivian Wolfe and Javad Marshall-Fields — who had sought to disqualify District Attorney George Brauchler’s office from the case. Owens’s lawyers are seeking a new special prosecutor from outside the 18th Judicial District. Brauchler is now running for state attorney general.

    The judge, Christopher Munch, found a pattern of prosecutorial misconduct by Brauchler’s officer, but still the motion was denied and remains sealed, along with a transcript of a hearing, Munch’s order, and all documentation related to it.

    Judge Munch found that under Brauchler’s predecessor, former District Attorney Carol Chambers, prosecutors withheld evidence at Owens’s 2008 trial, and that the withholding of evidence continued after Brauchler took office in 2013, while Owens was appealing. The judge concluded that a jury likely still would have found Owens guilty even if prosecutors had turned over the withheld evidence.

    http://www.coloradoindependent.com/1...sealed-records
    In the Shadow of Your Wings
    1 A Prayer of David. Hear a just cause, O Lord; attend to my cry! Give ear to my prayer from lips free of deceit!

  2. #32
    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
    "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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