Senior Judge Christopher Munch from Arapahoe County, Colorado has denied the death penalty appeal of Sir Mario Owens who was convicted of killing three people in two separate incidents, reported the Denver Post. Munch said Owen's ultimately
received a fair trial and was represented well enough by his attorneys. The
ruling took nearly a decade to reach, and was a whopping 1,343 pages in length.
“The court concludes that Owens received a fair trial – one
whose result is reliable,” Munch wrote on the last of his .
“He also received a fair sentencing hearing — one whose result was
constitutionally obtained, justified in law, and is rationally based upon the
evidence.”
Owens was first convicted
of murder in 2007, in connection with the 2004 shooting death of
20-year-old Gregory Vann at a party in Aurora’s Lowry Park. The following year,
in 2008, a different jury convicted Owens in the 2005 killings of Javad
Marshall-Fields and Vivian Wolfe, both 22. He was sentenced
to death.
At the time of his murder, Marshall-Fields had been
scheduled to testify against another suspect in Vann’s death, and prosecutors
argued that Marshall-Fields and Wolfe, his fiancée, were killed to silence
them.
Defense attorneys raised numerous concerns about Owens’
convictions, including an allegation
of juror misconduct during the Lowry Park trial that Munch denied
earlier this year. Munch ruled in his Thursday order, though, that
prosecutors improperly withheld evidence during the case — by not disclosing
numerous instances in which they provided witnesses money or other benefits.
For instance, prosecutors did not tell Owens’ attorneys that
they had promised and later given a car to one key witness. Other witnesses
received undisclosed lenience in separate criminal cases facing them. In at
least one instance, prosecutors did not reveal that a witness had been present
at another shooting while in the witness protection program and preparing to
testify in Owens’ case. Prosecutors also withheld information about money that
witnesses were paid as informants or in the witness protection program.
Defense attorneys said the evidence could have been used at
trial to question the credibility of the witnesses. But, in each instance,
Munch concluded that the evidence wasn’t significant enough to overturn the
trial. At best, Munch said, the evidence would have been considered “helpful”
but not outcome-changing.
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