Colorado Death Row Update 2004
-- By Randy Canney
Colorado currently has three individuals
on death
row, and post-conviction proceedings
are pending in all three cases:
Robert Harlan
Robert
Harlan was convicted and sentenced to death in 1995
for the murder of a casino waitress and attempted
murder of a woman who came to her aid.
Although
his conviction was affirmed on direct appeal,
Kathleen Lord and Sharlene Reynolds of
the Colorado State Public Defenders Office
did
an incredible job in having Judge Vigil
of the Adams County District Court vacate
the
death sentence because of juror misconduct.
Jurors in that case improperly brought Bibles
into
the jury room and wrote down and quoted
passages from the Old Testament. Such reliance
on outside sources is strictly forbidden
and jurors are instructed are instructed
accordingly.
Also credit the crucial work of investigator
Raelee Knapp. Ralee's juror interviews were
crucial to the victory in the case, and getting
jurors to openly talk like she did is a remarkable
achievement. Additionally, Raelee has been
involved in many of the death penalty cases
in Colorado over the last several years.
However, the State of Colorado
has appealed that decision and the matter
is now before the Colorado Supreme Court,
where Kathleen Lord continues to represent
Mr. Harlan.
Nathan Dunlap
Nathan
Dunlap was convicted and
sentenced to death in 1996 for the murder
of four employees at an Aurora Chuck E. Cheese's
restaurant.
His direct appeal was unsuccessful.
Attorneys Phil Cherner, Colleen Scissors,
and Michael Heher recently finished litigating
a massively complicated postconviction
attack in Mr. Dunlap's case that involved
raising
over 100 issues, including matters relating
to jury selection and ineffective assistance
of trial counsel.
Unfortunately, Judge
Leopold
of the Arapahoe County District Court
denied relief, and the case now proceeds
on appeal
to the Colorado Supreme Court, where
Mr. Cherner and Mr. Heher continue the fight.
Edward Montour
Edward
Montour represented himself and pled
guilty in 2003 for the murder of a correctional
officer. He continued to represent himself
in the penalty phase, presented no mitigation,
and was sentenced to death by Judge King
of the Douglas County District Court.
Continuing
pro se, Mr. Montour then waived any post-conviction
challenges and now seeks to waive any appeal
other than the mandatory review by the Colorado
Supreme Court. The Supreme Court has remanded
the case to the District Court for determination
of Mr. Montour's competency to waive his
appeal, and counsel has now been appointed
over Mr. Montour's objection to litigate
the issue of competency.
This case highlights
the problem of so called "volunteers," or
defendants who refuse both legal representation
and fail to present any defense or mitigation.
Although individuals have the right to represent
themselves, if we have a death penalty, our
system must find a way to see that mitigating
information is brought before the court lest
we simply have suicide via the State in such
cases.
