Arapahoe judge makes transcripts public in death penalty case
By Carlos Illescas
The Denver Post
CENTENNIAL — A judge on Thursday ordered the unsealing of files in the case of Sir Mario Owens, who sits on death row for killing a witness and his fiancée.
Arapahoe County District Court Judge Gerald Rafferty ruled in favor of a consortium of media outlets, including The Denver Post, and Owens' post-conviction attorneys, as well as the Colorado Freedom of Information Coalition. Rafferty agreed to make public the courtroom transcripts and register of actions, or court filings, in the case.
The documents, as well as other evidence, have been under seal for more than six years.
"The public's right to know what transpires in its courtrooms was vindicated today," said attorney Ashley Kissinger, who represented the media organizations.
Prosecutors argued that witness information should be redacted from whatever is released, but the judge agreed only to shield locations of protected witnesses.
"We're disappointed and concerned for the ongoing safety of the witnesses," prosecutor Ann Tomsic said after the ruling.
Owens was sentenced to death in 2008 for killing Javad Marshall-Fields and his fiancée, Vivian Wolfe. Marshall-Fields and Wolfe were gunned down on an Aurora street in June 2005 on the eve of another murder trial involving Owens and his friend Robert Ray. Marshall-Fields was to testify against Ray.
Ray, who was found guilty of masterminding the couple's deaths, is also on death row. Owens and Ray are appealing their death sentences.
The district attorney's office had argued that releasing the information could lead to retaliation against witnesses in the case. However, Rafferty didn't agree.
"Is there a reasonable probability that retaliation will occur? I cannot get there based on the evidence that is in front me," Rafferty said. "The public's right to this is very, very strong."
It will take several weeks for the register of actions to be released, and maybe longer for the transcripts. Locations of protected witnesses, which have yet to be determined, need to be redacted first. Then any transcripts that are requested will have to be compiled by one of the court reporters who worked on the court proceedings and turned back over to the court.
New court filings going forward will also be public, but locations of protected witnesses will be blacked out.
http://www.denverpost.com/news/ci_25...#ixzz2vG5IUFt4
Bookmarks