A Response on Behalf of the Colorado District Attorneys' Council
Jurisdiction | Colorado,United States |
Citation | Vol. 30 No. 8 Pg. 48 |
Pages | 48 |
Publication year | 2001 |
2001, August, Pg. 48. A Response on Behalf of the Colorado District Attorneys' Council
Vol. 30, No. 8, Pg. 48
The Colorado Lawyer
August 2001
Vol. 30, No. 8 [Page 48]
August 2001
Vol. 30, No. 8 [Page 48]
Features
CBA Board of Governors' Resolution on a Death Penalty Moratorium: Two Viewpoints
A Response on Behalf of the Colorado District Attorneys' Council
by Steven L. Bernard
CBA Board of Governors' Resolution on a Death Penalty Moratorium: Two Viewpoints
A Response on Behalf of the Colorado District Attorneys' Council
by Steven L. Bernard
Assistant District Attorney, Seventeenth Judicial District
On December 10, 2000, the Board of Governors of the Colorado
Bar Association adopted a Resolution calling for a moratorium
on the imposition of the death penalty until "each
jurisdiction that imposes capital punishment" implements
certain policies and procedures consistent with those
promulgated by the American Bar Association. The Resolution
is reproduced, in its entirety, above
The Resolution reads that the Board of Governors
"takes no position on the death penalty, nor on the
issue of whether the policies and procedures used in the
State of Colorado adequately address the concerns expressed
herein." In other words, the Board of Governors assumed
that problems exist here with the imposition of capital
punishment, but did not take a position on whether
Colorado's law solved them. Issuing the Resolution
without investigating, and commenting upon, whether
Colorado's law solves whatever problems might exist was
careless
This response, divided into three segments, will show that
the problems described in the Resolution are not to be found
in Colorado. The first part summarizes each case of a
defendant presently on death row, plus the case of Gary
Davis, the first person executed in Colorado since 1967. The
second section is a short history of the death penalty and a
description of how the process works in this state. The third
part analyzes the Resolution in light of Colorado law and the
cases of the men on death row.
The Residents of Colorado's Death Row
A description of each of the residents of death row follows.1
Gary Lee Davis
In July 1986, 41-year-old Gary Davis and his wife kidnapped a
woman, Virginia May, in front of her children, drove her to a
deserted field, and raped her to fulfill Davis's sexual
fantasy. Though she begged for her life, Davis struck May in
the head with the butt of a rifle and then shot her fourteen
times.
Davis testified at trial and admitted his guilt. He was no
stranger to the criminal justice system, being on parole for
a 1982 first-degree sexual assault conviction at the time of
the murder. Davis also had three other felony convictions:
grand larceny in Kansas in 1970; a 1971 Kansas burglary; and
felony menacing in Colorado in 1979.
Davis was convicted and sentenced to die in 1987. He was put
to death by lethal injection in October 1997.2
Nathan Dunlap
In the summer of 1993, 19-year-old Nathan Dunlap shot five
people in the course of robbing a Chuck E. Cheese restaurant
in Aurora. Four of them died. The sole survivor identified
Dunlap as the gunman. Dunlap had recently been fired from his
job as a cook at the restaurant.
Dunlap exulted in killing his victims, bragging about his
crimes and fashioning a jail tattoo memorializing the
murders. He had been involved in a series of armed robberies
and a shooting attempt on a school rival before he committed
the quadruple homicide. He also attempted to escape after he
was arrested for the murders.
The Colorado Supreme Court unanimously affirmed Dunlap's
death sentence, finding there was no question regarding his
guilt.3 Dunlap's case is currently undergoing
post-conviction review.
Robert Eliot Harlan
Robert Harlan raped a stranger, a woman named Rhonda Maloney,
at gunpoint for two hours during a snowy, early morning in
February 1994. After Maloney escaped from him and flagged
down a passing motorist, Harlan chased them, firing shots at
them from his car. One of the bullets severed the
motorist's spine, rendering her a paraplegic. Maloney was
taken screaming from the car. Over the next few hours, Harlan
beat her savagely and finally killed her by shooting her in
the head. Harlan was linked to Maloney's murder by
overwhelming evidence, including eyewitness identification,
DNA testimony, and his own statement to the police, in which
he admitted being with the victim just before the "Good
Samaritan" picked her up.
Harlan, about 30 years old at the time of the murder, was a
drug dealer. He had sexually abused women before. He once
told his ex-wife that he drove around at night looking for
women walking alone so that he could think of ways to rape
and kill them and get away with it. The Colorado Supreme
Court affirmed Harlan's conviction and sentence in 2000,
and his petition for a writ of certiorari was recently denied
by the U.S. Supreme Court.4
Francisco Martinez, Jr.
Along with fellow gang members, Francisco Martinez, Jr. beat,
raped, and sodomized a 14-year-old girl. While other
gangsters held her in place in the back seat of a car,
Martinez stabbed her numerous times and then strangled her.
At a turn-out in Clear Creek Canyon, the girl was dragged out
of the car, stabbed some more and then thrown, still alive,
onto some boulders lining the riverbank. The girl bled to
death, having been stabbed twenty-eight times.
An uninvolved eyewitness testified about Martinez's
extraordinarily brutal treatment of the girl during the
sexual assaults. There was also physical evidence and the
testimony of other gang members.5
Martinez had a juvenile adjudication for assault in 1989, a
conviction for possession of a controlled substance in 1992
and a conviction for theft from a...
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