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News
Colorado’s Death Row
Francisco Martinez was convicted in Jefferson County of killing a 14-year-old girl after she was sexually assaulted by members of his street gang. Other participants in the crime received lesser, plea-bargained sentences and one was sentenced to life without parole, early in May 1999. Mr. Martinez is represented in his direct appeal to the Colorado Supreme Court by Seth Benezra, Jean Dubofsky, and Dean Neuwirth.
In the appeal of People v. Francisco Martinez, the Colorado Supreme Court is being asked to decide if jury selection should include questions about how jurors feel about the death penalty, even though a three judge panel now decides whether the defendant should be sentenced to death. A particular juror's strong feelings for, or against, the death penalty could improperly influence that juror to vote to convict, or acquit, in the first instance.
In recognition of that, other states that use judges to perform capital sentencing do allow the prospective jurors to be questioned about their attitudes about the death penalty. This allows the judge and the lawyers to weed out those people whose feelings are so strong, one way or another, that they could not serve as effective jurors at any stage of the case. Martinez was not allowed to do this at his trial. He is asking the state supreme court to overturn his conviction and sentence as a result.
Martinez is asking the Colorado Supreme Court to reverse his death sentence for other reasons too, including that the crimes were committed by a group of people but Martinez was the only person in that group who received the death penalty. The leader of the gang, who was the person who decided that the victim should die, received a life sentence.
Other issues includes legal challenges to the constitutionality of the three-judge panel law, such as whether the state constitution requires that a jury handle death sentencing. (1/9/02, CADP)
Related Stories
- About Broken Links
- Martinez, Francisco Oral Arguments Scheduled
The
Colorado
Supreme Court has scheduled oral arguments in the death
penalty appeal by Francisco Martinez for February, 2002.
(11/29/01,
CADP)
- CO Supreme Court Schedules Martinez Appeal
On February 15, 2002, the Colorado Supreme Court will hear arguments in People v. Francisco Martinez. Mr. Martinez was sentenced to die for the murder of a teenage girl in Jefferson County, Colorado, in 1999. Three other men were also charged in connection with the killing; none of them was sentenced to death. Mr. Martinez's appeal is the first time the Colorado Supreme Court will consider whether our current law, which allows three judges, rather than a jury of twelve citizens, to decide whether to impose the death penalty, is constitutional. The parties will also argue several other important issues relating to capital trials in Colorado. Mr. Martinez is represented on appeal by Jean Dubofsky, Dean Neuwirth and Seth Benezra. The Colorado Criminal Defense Bar filed an amicus brief written by Kathleen Lord, Michael Heher and Ann Aber. The argument is open to the public and begins at 9 a.m. The Colorado Supreme Court is located at 2 E. 14th Street in Denver. (12/12/01, CADP)
- Martinez, Francisco: Colorado Supreme Court Vacates Appeal
The Colorado Supreme Court decided yesterday to vacate the argument set for February 15, 2002 in Francisco Martinez's appeal of his death sentence. The court decided to wait and hear the case after the U.S. Supreme Court issues a decision in Arizona v. Ring, regarding whether judge capital sentencing is constitutional. No new date has been scheduled for the Martinez appeal. (2/14/02, CADP)
- Martinez, Francisco: Court Asked to Uphold Death Sentence
DENVER -- Attorney General Ken Salazar on Friday asked the state Supreme Court to uphold the death sentence for convicted killer Francisco Martinez, claiming "the death penalty still exists in Colorado." (6/29/02, The Daily Camera)
- Colorado Supreme Court Orders Briefs
The Colorado Supreme Court has ordered opening briefs filed next month in two death penalty cases that could be affected by a U.S. Supreme Court ruling requiring juries, not judges, to decide life or death sentences. The two cases are those of Francisco Martinez ... and George Woldt. (7/16/02, Rocky Mountain News)
- Colorado Supreme Court Considers Death Sentences
Lawyers for George Woldt, 26, and Francisco Martinez, 28, argued that their death sentences were invalid after June's U.S. Supreme Court ruling declared the state's death penalty law unconstitutional. The attorneys said that the U.S. Supreme Court last June invalidated laws in Colorado and other states that allowed judges or panels of judges to impose death sentences rather than the trial jury that heard the case and rendered the verdict. (12/5/02, Rocky Mountain News)
- Court Voids Death Sentences
The Colorado Supreme Court today held that Colorado's three judge death penalty sentencing system is unconstitutional, reversing the death sentences of murderers George Woldt and Francisco Martinez Jr. ... Both were sentenced to death by three-judge panels. Under today's ruling, each will be resentenced to life in prison without chance of parole. (2/24/03, The Denver Post)
- Court
Asked to Uphold 2 Colorado Death
Sentences
Colorado
asked
the
U.S.
Supreme
Court
on
Thursday
to
let
two
convicted
murderers,
spared
execution
by
earlier
court
rulings,
be
put
to
death
after
all.
George
Woldt,
26,
and
Francisco
Martinez
Jr.,
29,
were
convicted
by
juries
and
then
sentenced
to
die
by
three-judge
panels.
The
U.S.
Supreme
Court
a
year
ago
threw
out
judge
sentencings
in
death
penalty
cases.
The
Colorado
Supreme
Court
then
threw
out
the
death
sentences
for
Woldt
and
Martinez,
ordering
them
to
life
in
prison
without
parole.
Colorado
Attorney
General
Ken
Salazar
is
appealing
that
ruling
to
the
U.S.
Supreme
Court.
(5/22/03,
Rocky
Mountain
News)
Search the news archives of the Boulder Daily Camera, the Denver Post, and the Denver Rocky Mountain News for additional information.
For information on other prisoners, see Colorado's Death Row.
See the Web site's News section for more articles and information about the death penalty.
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