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Arapahoe County District Court

7325 South Potomac Street, Centennial, CO 80112


_____________________________________________

THE PEOPLE OF THE STATE OF COLORADO,
Plaintiff,
v.
SIR MARIO OWENS,
Defendant.












Counsel for Defendant:

J AMES A. CASTLE. No. 14026
1544 Race Street
Denver, CO 80206
Telephone: (303) 675-0500
Email: J Castlelaw@aol.com

J ENNIFER L. GEDDE, No. 32163
1600 Broadway, Suite 1525
Denver, CO 80202
Tel.: (303) 830-2190 Fax: (303) 830-1466
E-mail: jennifer@geddelaw.com

C. KEITH POPE, No. 18955
2235 Broadway
Boulder, CO 80302
Tel.: (303) 443-7307 Fax: (303) 449-2656
Email: keith@boulderdefender.com

J ONATHAN D. REPPUCCI, No. 30069
1544 Race Street
Denver, CO 80206
Tel.: (303) 333-5166 Fax: (303) 321-7781
Email: j.reppucci@comcast.net



Case Number: 06CR705

Division: 308


CONSOLIDATED RESPONSE TO PEOPLES POSITION ON
UNSEALING THE RECORD AND SOPC-157 AND REPLY RELATING
TO NON-PARTY MOVANTS MOTION TO UNSEAL


The Defendant, SIR MARIO OWENS, by and through his post-conviction
counsel (PCC), respectfully offers this consolidated (a) response to the Peoples
position on unsealing the record and SOPC-157 and (b) reply relating to the non-
party movants motion to unseal the transcripts and register of actions of open
proceedings.
1

1. The Supreme Court of the United States denied Mr. Owens petition
for writ of certiorari on February 24, 2014. See Docket Sheet attached as
Appendix A. Mr. Owens and his attorneys First Amendment and Article II, 10
rights to speak through the evidence and to publish evidence provided in open
court proceedings have thus been extinguished for all practical purposes. So too
have been those of Mr. Owens family, which had attempted to exercise its own
First Amendment rights as concerned citizens and members of the public.
2

2. The only issue now before the Court concerns the rights of the
organized media. The prosecution concedes that those rights are not superior to
those of Mr. Owens. See Peoples Position, at 3 ([t]he publics right of access to
the record cannot be greater than that of the defendant himself). The defense
joins the media movants in their request to end the sealing orders, and if the Court
now unseals what has always remained sealed, the defense requests that any such
order authorize defense dissemination of materials and evidence to, among others,

1
The defense is only providing a redacted copy of this pleading and the attachments to the media
petitioners in keeping with the spirit of the Courts sealing and redaction orders.

2
Mr. Owens maintains, incorporates, and renews all of his legal claims and arguments as
previously set forth in SOPC-157 and its supplements, his C.A.R. Rule 21 petition for a rule to
show cause (13SA161), and his petition for writ of certiorari to the Supreme Court of the United
States (13-8476), all of which have been filed as part of the record in this case.
the Owens family.
3. The prosecution suggests that the Court should now engage in a
rebalancing of the interests in light of the current posture of the case, find that
redaction is necessary to preserve the higher interest of witness safety, and
thereafter (a) identify specific court reporters and clerks from whom redacted
transcripts and pleading may be obtained, (b) issue a specific order to those
designated personnel delineating the portions of the record that can be made
available and requiring them to redact all witness names and location
information, and (c) authorizing the reporters to charge a reasonable fee, in
addition to the ordinary cost of preparing a transcript for the time necessary to
redact the required information. Id. at 13 (emphasis supplied).
4. The prosecution steadfastly opposed lifting or modifying any portion
of the sealing orders in the summer and fall of 2012, when Mr. Owens and his
family sought public access and when Mr. Owens repeatedly suggested less
restrictive alternatives. See J une 26, 2012, Request for Hearing and
Reconsideration of Redaction and Sealing Orders (SOPC-157 Supplement)
(offering less restrictive alternatives to blanket sealing including the use of witness
initials or redaction for protected witness information); see also October 30, 2012,
transcript, pp.119-134.
3
Only two things have changed since that time: (1) the
identities of those requesting public access, and (2) most evidence demonstrating
misconduct on the part of the prosecutors and police has now been presented
without notice to the public, without public scrutiny and essentially sealed from
public access. What is happening now is that the government is trying to hold the
press at bay by suggesting that the public be provided heavily redacted transcripts
accompanied by exorbitant costs, all the while continuing to effectively hide the
misconduct evidence, the identities of the public officials involved, and much of
the other evidence that demonstrates the unfairness and unreliability of the process
that led to Mr. Owens convictions and death sentences. Thus, the prosecution has
asked that transcripts be provided with redactions of not only protected
witnesses, names, but all witness names.
5. This is the essence of government censorship. See Terminiello v.
Chicago, 337 U.S. 1, 4-5 (1949). Transcripts that hide the sources and nature of
the evidence that has been presented would be indecipherable and therefore
worthless. The redacted version of this very pleading and its attachments is clear
enough demonstration of this point. See e.g., 12-14, 19, infra; see also SOPC-
157, Appendix E. What a great result for a government which seeks to suppress

3
PCC for Mr. Owens have always sought complete unsealing. Alternatives such as initials,
monikers or numbers were merely suggested as less restrictive alternatives to complete
unsealing.
information from its citizenry: the appearance of fairness and transparency, but the
reality of secrecy and the absence of real public scrutiny and accountability.
6. The defense asserts that redaction is unnecessary as the prosecution
has not demonstrated any clear danger to any witness at this time. In addition, as
will be argued infra, the witness names are already in the public sphere. However,
if redaction is being considered, the costs of redaction must be borne by the
prosecution. Had the prosecution not been so unrelenting in advocating for
continued blanket sealing throughout the post-conviction process, as opposed to
the application of narrow tailoring and less restrictive alternatives it now concedes
are necessary, then the voluminous transcripts of the post-conviction proceedings
would not now need to be redacted. The less restrictive alternatives Mr. Owens
previously suggested, in other words, would have already been in place (e.g. use of
initials or witness numbers instead of names). As such, any present need to redact
the transcripts of the post-conviction hearings is directly attributable to the
prosecutions unjustified failure to acknowledge or concede reasonable alternatives
previously. The cost in terms of hours spent in the redaction process, if begun
now, is extraordinary and is completely and undeniably caused by the
prosecutions demand for complete sealing for the last year and a half.
7. That the prosecution would now seek to shift the significant financial
burdens associated with an extensive and burdensome redaction process onto the
court, the media, and the public is unconscionable. The prosecution could easily
have avoided those costs in the first instance simply by adhering to established
First Amendment requirements that it has suddenly awoken to. Therefore, it is the
prosecution / the State, i.e. the party seeking to deny public access, not the
organized press, members of the public, or the defendant, that should now bear the
financial burdens associated with the redaction process the prosecution now
suggests. See generally, Forsyth County v. Nationalist Movement, 505 U.S. 123,
134-135 (1992) (Speech cannot be financially burdened, any more than it can be
punished or banned, simply because it might offend a hostile mob.)
8. The prosecutions about-face in light of what are, in reality,
unchanged circumstances, is a tacit concession that it was constitutional error to
have sealed the register of action in the first place.
4
See, e.g., United States v.
Ochoa-Vasquez, 428 F.3d 1015, 1028-30 (11th Cir.2005) (sealing docket sheet
violated the First Amendment right of public access); United States v. Valenti, 987
F.2d 708, 715 (11th Cir.1993) (maintenance of a public and sealed docket is
inconsistent with affording the various interests of the public and the press
meaningful access to criminal proceedings.); CBS, Inc. v. United States District

4
The prosecution confuses the records of official actions as defined under 24-
72-303(1) with the register of actions as defined in Crim. P. 55, which according
to statute ,shall be open at all times for the inspection of the public. See 13-
1-119, C.R.S. (emphasis supplied).

Court, 765 F.2d 823, 825-26 (9th Cir.1985) (a two-tiered system, open and
closed, erodes public confidence in the accuracy of records, and thus denies the
public and press their rights to meaningful access); Hartford Courant Co. v.
Pellegrino, 380 F.3d 83, 90-94 (2d. Cir.2004) (the public and the press have First
Amendment rights to access to docket sheets, which provide a kind of index to
judicial proceedings and documents, and endow the public and press with the
capacity to exercise their rights).
9. Erroneously sealing the register of actions completely hid from
public view the dates and locations of the post-conviction proceedings. Valenti,
987 F.2d at 715. This error is of constitutional magnitude, and a constitutional
right without a remedy for its violation is no right at all. There are only two
conceivable remedies now: (1) redo months of post-conviction hearings after
making the dates and locations of those hearings available to the public, or (2)
provide a free and unredacted transcript of the hearings that did occur to the
public whose rights were violated.
10. Much of the prosecutions position rests on the fact that Mr. Owens
stands convicted and sentenced to death for murdering a witness, that the
prosecution was able to prove its case to a jury beyond a reasonable doubt, and that
the Court made findings in 2010 in the co-defendants case that the prosecution
had demonstrated an extraordinary and compelling threat to witness safety. See
Peoples Position, at 1-3, 8-9 (citing In re People v. Ray, 252 P.3d 1042 (Colo.
2011). What the prosecution understandably ignores is the fact that, after the jury
rendered its verdicts in 2008 and after this Court made findings concerning witness
protection in Mr. Rays case in 2010, Mr. Owens filed a motion for post-conviction
relief, and the Court has now conducted extensive evidentiary hearings concerning
much of the governments misconduct. That evidence reveals that the government
corrupted the truth-seeking function of the trial process through serious and
extensive misconduct, including, inter alia, (a) deliberately and otherwise
withholding exculpatory and impeaching evidence, (b) knowingly presenting false
evidence, and (c) recklessly and deliberately destroying and failing to preserve
favorable evidence. See United States v. Agurs, 427 U.S. 97, 110-11 (1967);
DeLuzio v. People, 494 P.2d 589, 593 (1972) (use of false testimony and the
unfair tactics which were employed weakens the very foundation upon which our
system of justice rests.); see also P.C. Order (SO) No. 5 dated 8/04/11 (finding
that prosecutors made a deliberate choice not to disclose their negotiations with
, even though those negotiations contradicted the witnesss trial
testimony, requiring their disclosure under Brady v. Maryland, 373 U.S. 83
(1963); SOPC-163 (Petition Pursuant to 16-12-201, et. seq., C.R.S., and Crim.P.
32.2), at pp.147-429 (chronicling a pervasive pattern of government misconduct);
SOPC-224 (Defendants Summary of Evidence Presented Relevant to Government
Misconduct Analysis).
11. This corruption of the truth-seeking process does more than
undermine the fairness and reliability of the jurys verdicts, it constitutes a
miscarriage of justice that raises serious matters of public concern about the
fairness and reliability of Colorados system of capital punishment. Government
corruption in the criminal justice system, respectfully, poses a far greater attack
on the criminal justice system than that posed by any individual criminal
defendants. See United States v. Boyd, 883 F.Supp. 1277, 1280-81 (N.D. Illinois
1993) (This is the most painful decision that this court has ever been obliged to
render, making the crafting of this opinion a sad and difficult undertaking
Finding that the government in fact (i) withheld information favorable to the
defense in violation of Brady and its progeny, and (ii) suborned perjured testimony
regarding such undisclosed evidence, we conclude that these defendants have been
deprived of a fair trial and, consequently, grant their respective motions for new
trial respecting all convictions.).
12. Notwithstanding the fact that the elected Arapahoe County District
Attorney makes public but unverifiable claims that his office does not seek
death in 'whodunit' cases and that Colorado has no issues of doubt in death
penalty cases, this particular case has never been open and shut.
5
There were
no eyewitnesses to the Fields-Wolfe homicides who could identify the perpetrators
or who indicated that Mr. Owens was the perpetrator or even a participant. Neither
of the guns used in the murders was ever located. Mr. Owens never confessed to
the crime. Some one else did. Instead, the prosecution mounted
an almost entirely circumstantial case, which was far from overwhelming and
entirely dependent on the credibility of its chief witnesses:
department
detectives, and; on the presence of a hair containing Mr. Owens DNA, which was
found on a baseball cap at the crime scene.
all received plea deals or money or other compensation for their testimony, many
aspects of which were never disclosed to trial counsel. The jury deliberated for
three days before convicting Mr. Owens. No convictions and death sentences in
any other recent Colorado capital case have rested on such weak evidentiary
moorings, and no reviewing or appellate court has even reviewed, much less
upheld, the jurys verdicts in this case.
13. In post-conviction evidentiary hearings, the transcripts of which
remain sealed and hidden from public view and scrutiny, the defense produced
substantial evidence that the government, including the prosecutors and the lead

5
See Michael Booth and Kevin Simpson, If Colorado is to have this death penalty
conversation, start here, Denver Post, 5/26/2013.
detectives, hid evidence from the very jury that struggled to return a guilty verdict
in the first place. See SOPC-224. That evidence reveals and demonstrates that the
government withheld critical exculpatory and impeaching evidence pertaining to
all of its major witnesses, including but not limited to ,
and knowingly introduced false testimony from and
and failed to correct that testimony. Make no mistake the government
wants to continue to hide this evidence and insulate it from public scrutiny.
14. In addition to the evidence of far-reaching and flagrant government
misconduct, there is now other compelling evidence that creates serious doubts as
to the governments claim that Mr. Owens ever killed anyone. No less than six
eyewitnesses now indicate that someone else committed the Lowry Park
homicide. It has also been discovered that, unbeknownst to Mr. Owenss trial
attorneys or either juries presiding over his cases, (a) the detectives had
threatened the only eyewitness to identify Mr. Owens as the
shooter at Lowry Park, with being charged in relation to the Fields-Wolfe
homicides; (b) had provided false evidence in a different and unrelated but
eerily similar shooting; (c) possessed a weapon on the night of the Lowry
Park shootings; (d) a number of witnesses at Lowry Park could have testified that
and his best friend encouraged and escalated the confrontation
at Lowry Park; and (e) at least one witness saw fire his gun, before fleeing
the park with . See SOPC-163, at 171-185; 244-251; 448-451; 471-475.
None of this information concerning was ever presented to any jury.
15. The baseball cap, which was the only physical evidence ostensibly
linking Mr. Owens to the Fields-Wolfe homicides, has now been retested by a
different forensic laboratory. The results show other peoples DNA on the hat and
the hair of a different individual on the cap.
16. The prosecutions persistent reliance on People v. Ray, 252 P.3d 1042
(Colo. 2011), while not misplaced, overlooks the fact that in discussing the
extraordinary and compelling threat to the safety of witnesses, the Colorado
Supreme Courts specifically noted:
The procedural posture in which we decide this original proceeding is
unique, given that this court does not have the trial records and that
Rays convictions have not yet been affirmed on appeal. Therefore,
our recitation of the facts, for both the Lowry Park shootings and the
killings of Marshall-Fields and Wolfe, is taken from the prosecution,
the prevailing party at trial, and is for purposes of this original
proceeding only. It is not a binding factual determination for purposes
of appellate review.

Id. at 1045, fn.3. Thus, to date, the prosecution has controlled the narrative and
offered only its version of the case, a version which is now in serious doubt, while
at the same time shielding from public view the facts which show that Mr. Owens
has been wrongfully convicted.
17. The prosecution claims a continued need for secrecy in these
proceedings based on it belief that a threat to witnesses continues to exist. The
prosecution sets forth a few examples of purported threats for which no verdict or
factual finding has ever been announced, the last of which are threats Mr. Owens
supposedly made in court some seven years ago. These alleged threats were not
observed by anyone in the court including the prosecutors, the sheriff employees,
courtroom observers, defense attorneys, the court staff or the Court itself. The
prosecution did not charge Mr. Owens with these threats, which if they had
occurred, would certainly be criminal offenses. This Court has never made a
finding that the threats even occurred.
18. Redacting the tens of thousands of pages of transcripts for all witness
names and location information is not essential to witness protection, and the
prosecution is simply wrong in thinking that, as a practical matter, closure can
achieve witness protection because the genie was out of the bottle already. See
In re Charlotte Observer (Div. of Knight Pub. Co.), 882 F.2d 850, 855 (4th Cir.
1989). This Court can take judicial notice that the prosecution published the
identities of all of the witnesses in this case, including the protected witnesses, in
open court throughout the proceedings. The prosecution made no effort to hide
their identities. The identities of the witnesses were widely reported in the media.
See Media Reports attached collectively Appendix B. They were published again
in the published decision announced by the Colorado Supreme Court in Ray,
supra, and the prosecution never made any effort whatsoever to have that decision
modified to redact those names. The Colorado Supreme Court recited the names
of the protected witnesses as they had been openly named in the prosecutions
appellate pleadings which, to this day, remain open and accessible to the public.
This alone suffices to make sealing and redaction orders constitutionally
impermissible. In re Charlotte Observer, supra (citing Globe Newspaper Co.,
supra).
19. The prosecutions response indicates, This court has required the
parties to this case engage in substantial, cumbersome redactions of discovery,
pleadings, transcripts and information, including the identities of all witnesses,
from any materials that will be available to the public for the protection of
witnesses. Peoples Position at 12-13. A non-exhaustive review of the publically
available court file reveals that despite such orders, numerous parties and non-
parties have filed a vast number of documents that reveal the names of each and
every protected witness in the case. Those unredacted documents still remain in
the public file. The prosecution itself has filed the following documents in the
public file that reveal the names of the following protected and other important
witnesses to wit (names and page numbers have been redacted from the filing copy
provided to the media):
a) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (People's Response to SO-44);
(People's Consolidated Response to Discovery Motions); -
(People's Second Supplement to DA-26-SO);
(DA-22-SO); (DA-23-SO); (People's
Purposed J uror Questionnaire (DA-63-SO)); (DA-
121-SO); (People's Response to SOPC-82);
(People's Request for Reconsideration for
People's Request for Sequestration of witness Sean
McDermott); (Peoples Supplement Concerning
SOPC-98); (People's Objection to Appointment
of a Special Master (SOPC-106)); (People's
Response to SOPC-122); (People's Response to
SOPC-163); (People's Motion for Clarification
DA-194-SO).

b) The prosecution listed
name, in unredacted form, in pleadings contained in the public
file at record pages: (DA-81-SO);
(Petition for Writ of Habeas Corpus); (DA-121-SO).

c) The prosecution listed name,
in unredacted form, in pleadings contained in the public file at
record pages: Not bates stamped - in the very
beginning of the public record (Grand J ury Indictment);
(Prosecution's Notice of Intent to introduce out-of-court
statements); (DA-121-SO).

d) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (DA-81-SO); (Notice of
Victim's Family Members' Intent to Speak at Sentencingand
Other Matters Relative to Sentencing (DA-108)).

e) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (People's Response to SO-44);
(People's Consolidated Response to Discovery Motions);
(People's Consolidated Response to Discovery
Motions); (Notice of Victim's Family Members'
Intent to Speak at Sentencingand Other Matters Relative to
Sentencing (DA-108)).
6


f) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (Prosecution's Response to Defendant's
motions regarding indictment).

g) The prosecution listed Rep. name, in
unredacted form, in pleadings contained in the public file at
record pages: (People's Proposed J uror
Questionnaire (DA-63-SO); (Addendum To DA-
108-SO); (DA-121-SO).

h) The prosecution listed name,
in unredacted form, in pleadings contained in the public file at
record pages: (People's Response to SO-44);
(Prosecution's Notice of Intent to introduce out-of-court
statements); (DA-121-SO); (People's
Response to SOPC-122); 1 (DA 144-RR);
(People's Response to SOPC-163).

i) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (People's Reply to Defendant's
Response to DA-22-SO); (People's Response to
SOPC-163).

j) The government listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (People's Motion re: Assignment of Cases);
(Prosecution's Notice of Intent to introduce out-of-
court statements); (Notice of Victim's Family
Members' Intent to Speak at Sentencingand Other Matters
Relative to Sentencing (DA-108)).

6
Ms. currently married to and lives with Rays brother

7
Names of several protected witness are listed on the Fields Wolf Memorial Fund website and
linked to Representative political website. See www.
http://www.

k) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (People's Motion regarding Assignment of
Cases); (Prosecution's Notice of Intent to introduce
out-of-court statements); (People's Response to SO-
166); (People's Second Supplement to DA-26-SO);
(People's Proposed J uror Questionnaire (DA-63-
SO)); (DA-81-SO); (Notice of Victim's
Family Members' Intent to Speak at Sentencingand Other
Matters Relative to Sentencing (DA-108));
(Peoples Response to SOPC-136: Motion for Forthwith Order
Granting Access to Certain Physical Evidence for Purpose of
Collection of DNA).

l) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (People's Proposed J uror
Questionnaire (DA-63-SO)).

m) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (DA-81-SO); (Notice of
Victim's Family Members' Intent to Speak at Sentencingand
Other Matters Relative to Sentencing (DA-108)); 1
(People's Response to SOPC-122); (People's
Response to SOPC-163).

n) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (DA-121-SO); (People's
Response to SOPC-82); (People's Response to
Supplement to SOPC-82); (DA-144-RR).

o) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (Second Supp to DA-69-SO and
Response to Court's Request re: Hearsay Exceptions).

p) The prosecution listed name, in
unredacted form, in pleadings contained in the public file at
record pages: (Prosecution's Notice of Intent to
introduce out-of-court statements); (DA-81-SO);
(People's Response to SOPC-82);
(People's Response to Supplement to SOPC-82);
(DA-144-RR); (People's Notice of Lay Witness
and Expert Disclosures (DA-184-SO)).

20. All of forgoing illustrates clearly enough that the genie is already out
of the bottle, that sealing and redaction of witness names are not essential to
witness safety, and that despite best efforts, any redaction process, especially in
such a massive case, is subject to human and systems errors.

Respectfully submitted this 25
th
day of February 2014.
/s/ J ames A. Castle
/s/ J ennifer L. Gedde
/s/ C. Keith Pope
/s/ J onathan Reppucci

J ames A. Castle, No. 14026
J ennifer L. Gedde, No. 32163
C. Keith Pope, No. 18955
J onathan Reppucci, No. 30069

Post-Conviction Counsel for the Defendant Sir Mario Owens


CERTIFICATE OF SERVICE

I hereby certify that on the 25
th
day of February 2014, a true and correct copy of
the foregoing CONSOLIDATED RESPONSE TO PEOPLES POSITION ON
UNSEALING THE RECORD AND SOPC-157 AND REPLY RELATING TO
NON-PARTY MOVANTS MOTION TO UNSEAL will be filed and served,
via U.S. Mail, postage paid, or has been served via electronic mail for those who
have agreed to such service, on the following:

STEVE ZANSBERG (REDACTED VERSION ONLY)
THOMAS KELLEY
LEVINE SULLIVAN KOCH & SCHULTZ, L.L.P.
1888 SHERMAN STREET, SUITE 370
DENVER, CO 80203

J OHN HOWER
ANN TOMSIC
EMILY WARREN
ARAPAHOE COUNTY DISTRICT ATTORNEYS OFFICE
6450 S. REVERE PKWY
CENTENNIAL, CO 80111-6492

DANIEL EDWARDS
ATTORNEY GENERALS OFFICE
1525 SHERMAN STREET, 7
TH
FLOOR
DENVER, CO 80203

INGRID DEFRANCO
Via E-mail: defrancoi@comcast.net

KEYONYU X. OCONNELL
Via E-mail: keyonyu.oconnell@comcast.net

MARK A. LARRANAGA
Via E-mail: mark@jamlegal.com

MARIA LIU
Via E-mail: maria@cotriallaw.com

MARY CLAIRE MULLIGAN
Via E-mail: mcmulligan@me.com

CHRISTOPHER GEHRING
Via E-mail: cgehring2011@gmail.com

ELISABETH HUNT-WHITE,
Via E-Mail: ehwhite@yahoo.com

DAVID LANE,
Via E-Mail: DLane@killmerlane.com

GAIL J OHNSON,
Via E-Mail: gjohnson@johnson-brennan.com

/s/ Gennifer Westhoff

APPENDIX A
2/24/14 10:39 AM Docket for 13-8476
Page 1 of 2

No. 13-8476
Title:
Sir Mario Owens, Petitioner
v.
Colorado
Docketed: January 31, 2014
Linked with 13A528
Lower Ct: Supreme Court of Colorado
Case Nos.: (2013SA161)
Decision Date: September 5, 2013
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Nov 21 2013 Application (13A528) to extend the time to file a petition for a writ of certiorari
from December 4, 2013 to January 18, 2014, submitted to Justice Sotomayor.
Nov 25 2013 Application (13A528) granted by Justice Sotomayor extending the time to file
until January 18, 2014.
Jan 21 2014 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis
filed. (Response due March 3, 2014)
Jan 27 2014 Waiver of right of respondent Colorado to respond filed.
Feb 6 2014 DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014 Petition DENIED.
~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Jonathan D. Reppucci Reppucci Law Firm
(303) 333-
5166
1544 Race St.
Denver, CO 80206
j.reppucci@comcast.net
Party name: Sir Mario Owens
Attorneys for Respondent:
L. Andrew Cooper
Office of the District Attorney, Colorado's
18th Judicial District
(720) 874-
8500
2/24/14 10:39 AM Docket for 13-8476
Page 2 of 2
Counsel of Record 6450 South Revere Parkway
Centennial, CO 80111
acooper@da18.state.co.us
Party name: Colorado

APPENDIX B
One witness absent, another regains memory at Ray hearing
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August 15, 2007
10/17/2005 9:39:00 PM Emajllhis artjc!e Prjpt thjs artjc!e
One witness absent, another regains memory at Ray hearing
By Mjchae! Bepan
the Aurora Daily Sun & Sentinel
CENTENNIAL 1 One prosecution witness didn't bother to show up, and one
witness called by the defense changed his response when a prosecutor told
him he could face charges.
And after a second day of testimony in a preliminary hearing Oct. 17, a district
court judge was forced to continue Robert Keith Ray's preliminary hearing to
Oct. 19.
Ray, charged with first-degree murder in the shooting death of Gregory Vann in
2004, is one of two men charged in Vann's death.
Vann was killed and two others wounded at Lowry Park on July 4, 2004.
The other man charged with the murder, Sir Mario Owens, is still at large.
Prosecution witness who was served with a subpoena Sept. 23,
did not appear in court and now has a warrant out for his arrest.
Defense witness told police last year that he had seen Ray
at barbecue at Lowry Park and that Ray had a gun, insisted on the witness
stand yesterday he could not remember saying so.
"I don't remember," he said. "My memory is not too good."
Chief Deputy District Attorney pointed out that had
requested and received witness protection, a move that required him to be
flown in for the hearing.
"I'm not afraid of anything, ma'am," said. "I'm afraid if any of my family
members might get hurt."
It was then that explained potential charges.
"Did you see the defendant with a gun," she asked again.
"Yes," said. "It was on him. I think on his waist.
Prosecution witness offered the most damning testimony, telling
the court that Ray and his wife, who is charged as an
accessory, spoke of silencing witnesses.
said she had known the couple for years and considered them family.
"They just said, 'Snitches don't live long,' " said. "Both of them said if the
boy in the army testifies, they were going to kill him."
While never refened to by name in testimony, was apparently the
target of that threat He testified he is in the Army.
The prosecution tried to tie reluctance testifying to the June 20th
murder of Javad Marshall-Fields and her fiance, Vivian Wolfe. Both were
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gunned down a week before Marshall-Fields was to testify against Ray.
Marshall-Fields and were the other victims in the July 4 shooting.
, testified Oct. 17, saying he could not identify a shooter.
Police have not charged anyone with Marshall-Fields' or Wolfe's murders.
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10120/2005 12:17:00 AM
VOICE OF
:oKA, COLORADO
Suspect faces trial in Lowry Park
shooting
By Mjchael SeDan
the Aurora Daily Sun & Sentinel
AURORA 1 One of two men accused of first-
degree murder in a July 4, 2004, shooting will
stand trial early next year.
Robert Keith Ray, 20, is charged with killing
Gregory Vann at Lowry Park last summer, and
August 15, 2007
after three days of preliminary hearings, 18th Robert Keith Ray
Judicial District Judge Michael J. Spear ordered
Ray held without bail until his trial, which is scheduled to begin March 13.
Ray's alleged accomplice, Sir Mario Owens, 21, is still at large. He also faces
first degree murder charges and was implicated on Wednesday by an eye-
witness to Vann's murder in the June 20 murders of Javad Marshall-Fields
and his fiance, Vivian Wolfe. No one has been charged with their murders.
Marshall-Fields was one of two other men shot at Lowry Park and was
scheduled to testify in Ray's trial June 27.
Marshall-Fields was murdered a week before that trial was to begin, and Ray,
initially charged as an accessory to Vann's murder, was later charged with
the murder. '
, a witness who was scheduled to testify on Oct. 19 in Ray's
preliminary hearing, told police in an inteiView videotaped Aug. 2 that he
knew who killed Marshall-Fields and Wolfe, but he could not remember the
man's name.
Aurora Police Detective asked if he meant Owens.
said the killer was Ray's best friend.
After testifying Oct. 19, that told her he didn't witness
Marshall-Fields' murder but said that "says he heard that's what
happened,' that Owens killed Marshall-Fields and Wolfe.
was the only witness to claim to have seen Ray shooting Vann, and
did not actually testify. In fact, after failing to show up Oct 17, a
warrant was issued for his arrest, a warrant Spear quashed Oct. 19 when
appeared in court. was not put on the stand, but a portion of
his taped interview was played for the court.
On the footage, is heard to say, "I saw Rob G. start shooting,' and
said he saw Ray pull a gun "out of his pants."
by pantomiming pulling a gun from his right hip.
Ray, identified as "Rob G." by several witnesses, pleaded not guilty when the
preliminary hearing ended, saving the court from scheduling a separate
arraignment hearing. Spear denied the defense's request to set bail.
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Defense attorney pointed out that two witnesses, including
Marshall-Fields, had either testified or told police that Ray was not the
shooter at Lowry Park. Marshall-Fields had identified Ray as the driver of
the getaway vehicle, telling police a passenger had shot Vann. Defense
witness said he witnessed the shooting and that Ray was not
the man he saw.
"No, he is not, when asked if the shooter was in the court room
Oct. 19, while Raysat handcuffed and shackled in the defendant's chair.
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12/16/2005 12:07:00AM
Prosecutors won't seek death
penalty for suspect in triple
shooting
Bv Mjchael Bepan
The Aurora Daily Sun & Sentinel
AURORA 1 Prosecutors said Dec. 15 they
will not seek the death penalty when
Robert Keith Ray is tried on first-degree
murder charges in .connection with a July
4, 2004, triple shooting.
August 15, 2007
The announcement came a day after
Ray's wife, , reached a
plea agreement on accessory charges that
requires her to testify and cooperate with Robert Ke;th Ray
law-enforcement officials regarding the
shooting, which left Gregory Vann dead and injured two others.
was released Dec. 15 after spending three months in custody, and
she has been put into witness protection.
"The safety of witnesses is an ongoing concern,' said , deputy
chief district attorney for the 18th Judicial Districl "She is a very significant
witness."
wouldn't elaborate on the information is expected to
provide other than to say she knows things that investigators and prosecutors
do not.
Ray, 20, was initiaily charged as an accessory after one victim, Javad
Marshall-Fields, identified him to police as the driver of the getaway vehicle.
Marshall-Fields and his fiancee, Vivian Wolfe, were shot and killed June 20, a
week before Marshall-Fields was to testify. No one has been charged with
those slayings.
Prosecutors later charged Ray with first-degree murder, and a second man,
Sir Mario Owens, faces the same charge in the shooting and has been
implicated in June '20 slaying.
a witness who was scheduled to testify on Oct. 19 in Ray's
preliminary hearing but did not, told police in an interview videotaped Aug. 2,
that he knew who killed Marshall-Fields and Wolfe, suggesting it was Owens.
That interview was shown at Ray's preliminary hearing.
Owens is in custody in Shreveport, La., where he was arrested last month
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Ray's trial is scheduled to begin in March.
Related Stories:
Syspect's wjfe t:o testify jn
first-degree case
Suspect in triple shooting
extradjted from Loujsjana
Syspect's sjster-jn-law
agrees to testitv ji1 murder
case
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Wife of accused Lowry Park murderer testifies
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10/2512006 1:30:00 AM
VOiCE OF
COLORADO
E
Wife of accused Lowry Park murderer
testifies
details suspect's behavior
during Fourth of July fray
By Brandon Johansson
The Aurora Daily Sun &
CENTENNIAL I Robert Keith Ray started causing
problems at a 2004 Fourth of July party as soon
as he showed up at Lowl)' Park, Ray's wife
testified on Oct. 24.
said her husband, who had
August 15, 2007
Robert Keith Ray
been drinking a bottle of Courvoisier that day, was disrespecting people and
that she was worried he would get jumped.
So she called Sir Mario Owens, Ray's close friend and a man
said was her husband's "bitch."
"I told Rio that Robert was down here, drunk, acting a fool and that these
(people) were gonna jump him,'' testified Oct. 24 during the fifth
day of her husband's murder trial at the 18th Judicial District court.
About an hour after Owens showed up, he and Ray fought a group of men at
the party.
Police say the fight that ensued eventually led to three murders, including the
ambush shooting of a man scheduled to testify against Ray.
The fight left one man, Grego!)' Vann, dead of a gunshot wound. Two others,
Javad Marshall-Fields, also suffered gunshot wounds.
' Ray, now 21, is on trial for first-degree murder in connection with Vann's
death. If convicted, he faces life in prison.
Prosecutors and defense attorneys contend it was Owens who shot and killed
Vann. But prosecutors say was an accomplice and was just as guilty.
Ray's attorneys say people in the crowd, including Vann, were going to atteck
Ray and Owens, and that OWens shot Vann out of self-defense.
Marshall-Fields was scheduled to testify against Ray last year but was
gunned down, along with his fiancee, Vivian Wolfe, at an Aurora intersection
days before he was to take the stand. Ray and Owens, along with Parish
Ramone Carter, are accused.in the murder of Fields and Wolfe as well.
said while she didn't see who fired shots at the July 4 party, she
helped her husband dispose of his clothes and helped him hide his gold
suburban, which prosecutors say he and Owens fled the scene in.
agreed to testify in the trial as part of a plea agreement with
prosecutors. Under the agreement, received a defamed sentence
for her role in covering up the Fourth of ,July shooting .
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Wife of accused Lowry Park murderer testifies
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Ray's brother, , also testified Oct. 24, saying he allowed his
brother to park the. s u b u r b ~ behind his home for months following the
shooting.
Marshall-Fields' mother, , said after the testimony that she
thought it was interesting that Ray's wife and brother took the stand.
"Robert Ray has been saying all this time, 'stop snitching,"' said. "His
wife gave some wiry damaging infonnation ... I wonder what Robert Ray
would say about no snitching now."
But said there is a difference between the testimony Ray's iamily gave
and the testimony her son was prepared to give.
"They're getting something for this," she said. "My son was doing it because it
was the right thing. to do."
Related
Stories:
Lowry Park first-
degree murder trial
~
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BREAKING NEWS: Woman shot in attempted carjacking in Denv
Wife testifies in murder case
'Yeah, he had a gun,' woman tells court about her husband
Felix Doligosa Jr., Rocky Mountain News
Published October 25, 2006 at midnight
Text size + -
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CENTENNIAL - buried her face in her hands as she recalled what her husband had with
him at a summer barbecue two years ago.
' Yeah, he had a gun,' she said.
The wife of the man accused of shooting and killing a 20-year-old man at Lowry Park in Aurora on
July, 4, 2004, took the stand Tuesday in Arapahoe County District Court.
Robert Ray, 21 , is charged with first-degree murder in the death of Gregory Vann.
In her testimony, said people at the park had started the fight that led to the shooting and
that her husband's friend, Sir Mario Owens, is guilty of the shooting.
Owens also is charged with first-degree murder of Vann.
"The truth is he didn't want to get blamed for what Rio (Owens) did,' said.
Robert Ray and Owens were also indicted on a list of charges that included the murders of Javad
Marshall-Fields and his girlfriend, Vivian Wolfe. They were both 22.
The couple were slain June 20, 2005, a week before Marshall-Fields was scheduled to testify in Ray's
case for the Lowry Park shooting.
who is on probation after she pleaded guilty to a charge of accessory to murder, said her
husband was drunk and arrived at Lowry Park in the afternoon while drinking a bottle of Courvoisier.
They drove separate vehicles.
She said he acted like a jerk and talked trash with people at Lowry, where a barbecue and hip-hop
event was held.
' Robert was drunk and acting like a fool. Robert was acting obnoxious,' said. She agreed
to testify and cooperate with investigators and prosecutors in the case against her husband as part of
her probation.
At the park, Marshall-Fields asked her husband to stop driving on the grass, she said.
said she called Owens and asked him to come to the park to watch her husband. ' I was
scared for him,' she said. ' I thought maybe he'll get jumped. '
Later that night, and four girls attempted to leave the park, but were blocked by a group of
men in the parking lot.
The men called the women a derogatory name and said 'we ain't moving, ' said
husband and Owens then confronted the group of about 75 people. Ray told his wife to run them over.
The women drove off as the crowd circled around Ray and Owens.
"Robert ain't no punk. He didn't back down," said
She then heard gunshots. Vann was killed and two others, including Marshall-Fields, were wounded.
The couple met later that evening and Owens' and her husband's clothes and stuffed
them in a trash bag. After putting bleach in the bag, she stuffed the clothes in a dumpster.
Robert Ray took his vehicle to a friend's house and left the vehicle in the garage, she said. As the
couple took speakers and tools out of the SUV, Owens cleaned three specks of blood from the steps
beneath the front passenger door, she said.
Ray's gun, a silver and black automatic, was taken apart and thrown away, testified.
' We couldn't back up at first, ' about trying to drive out of Lowry Park. ' They got all
this s--- started. '
doligosaf@RockyMountainNews.com or 303-954-2970
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Advertisement Home > News > Local
Defendant sent coded letter to second
murder suspect
By Felix Doligosa Jr., Rocky Mountain
News
November 1, 2006
CENTENNIAL- A 21-year-old man
charged with first-degree murder of a man
at Lowry Park in Aurora two years ago
used another jail inmate's name to mail a
coded letter detailing plans for his trial
defense.
Robert Keith Ray sent the letter during his
murder trial last week and addressed it to
his friend, Sir Mario Owens, according to
prosecutors who introduced the letter as
evidence against Ray on Tuesday in
Arapahoe County District Court.
Owens, 21 , is also charged with first-
degree murder for the 2004 death of
Gregory Vann. His trial is scheduled to
begin in January.
Ray wrote, "You never told me you shot
someone, so you don't have to worry
about me saying that," and "I'm going for
accessory," Arapahoe County Chief
Deputy District Attorney read
from the letter.
Ray, who later testified that he didn't know
if Owens had a gun on the night of the
Fourth of July shooting, said he wrote the
letter to let Owens know his side of the
story.
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Churchill takes CU to court
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http://www.rockymountainnews.com/dnnn/locaVarticle/0,1299,DRMN_l5_5109049,00.html (I of 4)11/1/2006 9:17:02 PM
Saunders: Looks like serial fad is toast
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Rocky Mountain News: Local
"'Everything in here is the truth," Ray said
n his testimony on Tuesday. "I didn't want
ou all to read it. The media twist stories
. .
StubHubl .
!Ray was the only defense w1tness to take
I the stand Tuesday.
I a 4& W WilL: I !i' I
and Owens, who have known each
since 2000, have also been indicted
several charges involving the murders
Javad Marshall-Fields and his
lfriend, Vivian Wolfe. Both were 22
when they were killed June 20, 2005- a
week before Marshall-Fields was
scheduled to testify in Ray's case for the
Lowry Park shooting.
In his testimony regarding the death of
Vann, Ray said he and Owens were
acting in self-defense when a crowd
approached them.
Ray and Owens had confronted the group
after they refused to allow Ray's wife,
, to leave a parking lot,
according to earlier testimony.
Ray said the crowd pushed him and he
was forced to retreat to his gold-colored
GMC Suburban.
After noticing he was missing his chain,
Ray said he went back to the parking lot
to look for the jewelry. He lifted his
Philadelphia 76ers jersey and revealed a
9 mm handgun in his waistband to the
group of people.
Prosecutors said a video they played in
the courtroom showed both Ray and
Owens lifting their shirts to display a
weapon. Ray said he didn't know if the
man in the video was Owens.
Ray testified that when he approached
the crowd, a man who was apparently
Vann came up to him. The man pounded
his fists on his own chest and then
bounced away, said Ray.
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Man found hanged from Thornton bridge
Newmont Mining 3Q profit climbs 57
percent
Dragging death suspect has court hearing
Groundbreaking for widening on 1-25
Deal fails for AWOL soldier
Boulder officials: No good leads on Marine
missing for 2 months
Defendant sent coded letter to second
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November an iffy weather ride
Research cited in species decision
Wild-born ferrets popping up after
biologists' restorative efforts
2 more ex-CSU athletes indicted
Anita Thompson finds Gonzo echoes of
Hunter at Columbia
Questions linger as Aurora hiring measure
goes to voters
Rabbi to share his ideas of TLC
No motive, no leads in Sunday shooting
Naked frivolity heats up the night
Crime scene, November 1
Colorado bucks U.S. with 10% rise in car
thefts
Referendum C rebate: $71 vs. $243
Anita Thompson finds Gonzo echoes of
Hunter at Columbia
Guilty plea in Arizona wildfire
Nebraska joins Colorado in Platte River
pact
Halloween homecoming for troops
City official toppled while testing Segway
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44 held, charged in ring to smuggle
Extra!, November 1
Telescope boost will bring CU $20 million
Comments' fallout hits 7th District
Computer theft puts personal info at risk
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Ray said he then heard gunshots and everyone began to run. Owens is accused of shooting
Vann, 20, in a grassy area nearby.
"If I'm guilty of anything, it's accessory," Ray said. "I'm not guilty of shooting anyone."
But, Ray admitted to firing one shot at Vann's brother,
A short time after hearing gunshots, Ray said he saw Owens fighting near his SUV.
Blood was on Owens' shirt, Ray said.
"I had to get that dude off Rio (Owens)," Ray said. "In my head, he already shot Rio. I didn't
know if Rio had a gun."
Ray said he was elbowed in the jaw and then he fired a single shot under his arm at
"It happened so quick. I just reacted," Ray said.
The prosecution noted that shot in the side, back, shoulder and neck. Ray said he
did not know how could have been shot additional times.
After Ray and Owens left the park, Ray said he never asked Owens about his gun. Ray said
the two hardly ever talked about what happened that night.
Ray said his biggest concern was whether the people from the park were going to retaliate
against them.
Ray said he dumped his gun in an alley because it was "bad memories."
Ray's wife, testified last week that her husband had given his gun to family
member to get rid of it. charged with helping Ray and Owens after the
shooting.
Ray said he threw away his gun because, "even though it was self-defense, police won't think
it is."
Closing arguments are expected to be heard today.
2006 The E.W Scripps Co.
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DENVER & THE WEST
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Fa tal shooting in park draws life term
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By carlos Illescas
Denver Post Staff Writer
Article Last Updated: 04/04/ 2007 02:42:38 AM MDT
Centennial - Sir Mario ONens will spend the rest of his life in prison without the
possibility of parole for shooting and killing a man at an Aurora park three years
ago.
Thafs if he's not put to death first.
If Owens is found guilty of killing a witness who was set to testify in the park
shooting, he could be sentenced to death.
Arapahoe County District Judge Michael Spear sentenced Owens on Tuesday
to life without parole, as dictated by state law, for killing 20-year-old Gregory
Vann.
The j udge also tacked on an additional 64 years in prison for attempting to kill
Vann's brother, and Javad Marshall-Fields at Lowry Park on July 4,
2004.
After the sentencing, Vann's mother, struggled for words but said
justice -as much as it can be -was served.
"He won't be on the streets," said of Owens. "We won't have to worry
about that anymore."
One of cousins had harsh words for ONens.
"Sir Mario ONens is a beast and a monster," said. 'There is no
sentence that will ever bring back my cousin."
Owens' not comment, but said he is appealing the
case.
Owens and Robert Ray were charged in the death of Vann. Ray was
whose son was slain
before he could testlfy against Sir
Mario Owens in 2005, talks after the
sentencing. (Post I Craig F. Walker)
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sentenced in February to 108 years in prison.
But it was the subsequent murders of witness Marshall-Fields and his fiancee
that thrust the case into the spotlight, with families for the victims calling for
stiffer penalties against those who harm witnesses.
Ray and Owens could face the death penalty if they are convicted of killing
Marshall-Fields and Vivian INolfe as the two drove down an Aurora street in
June 2005.
Marshall-Fields was to testify against Ray when he was gunned down. A third
suspect, Parish Carter, was ruled competent to stand trial last week. The district
attorney has not announced if the death penalty will be sought against Carter.
Prosecutor could not oomment on the case.
But during the sentencing hearing Tuesday, portrayed Owens as a cold-
blooded killer who a witness said shot Vann once, then stood over him as he
lay bleeding on the ground and shot him again.
r made special note of a tattoo on Owens' back, a picture of a giant bullet
with the words: "Live, play, die by it."
\-lOSing arguments rnaay 1n ;,1r Mana
Owens trial
Jan 6.
Witnesses: a dying breed
Jan 26:
Mother awaits justice in 2004
shooting
Feb 8:
Man gets 1 08 years for role in Aurora
par1< murder
Apr 9:
Attorney: Witness told not to testify
Apr8:
Prosecution: Slaying victim targeted
for 'snitching'
Oct 8:
State prodded to beef up aid for
witnesses
May 9:
Suspect in witness killings to avoid
death penalty
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Guest Commentary: Referendum 0 attacks the people's
dying to testifY I first in a three-part series
Witnesses killed statewide
By David Olinger
The Dl.'nl'l'r Post
Each of [K'\lp!e had ol' :-. crimt>. _\'ut
1r;,., l.ll"Htc!td. \ll;n!"l' murdcrtcl.
' ,
JavadMarshall-Fields foresaw his future.
He had survived two bullet wounds, watched his
friend die and agreed to testify against one of
the gunmen who shot three people at a July 4
party. Now he was at a sports bar, where a
stranger called him by name, identified him as a
witness and warned, "You're a marked man."
"They are going to kill me," Marshall-Fields told
his friends.
He was right. He and his fiancee, Vivian
Wolfe, were gunned down the next night on an
Aurora street, days before he was scheduled to
testify against Robert Ray in the 2004 murder
case.
Arapahoe County prosecutors knew there were
reasons to worry. Six months earlier, one
prosecutor had filed a motion to
Dying To Testify
the mother of Javad
Fields, and , mother of Vivian Wolfe,
describE: the struggle since their childten were killed.
why her son wasn't better protected as
a witness.
WATCHSteve Curtis survived a shooting that killed two
others in an attempt to prevent witnesses from testifying.
In this video, Curtis describes what happened to him and
how l1e feels about tl1e witness protection program.
THE SERIES
DAYl:
Colorado s program lacks funds,
organization and guidelines. Its very existence remains
unlmowu to many witnesses and some iu law enforcement,
leading to witness killings thatmigllt have been prevented.
Stories:
Witnesses killed statewide despite protection program
Murdered witness haunts detective
Shawn Cerniglia & Carrie Heiden
DAY2:
Without protection, life as a witness. or even as a family
member of a witne-ss. can be a and e.:..:pensive
ordeal.
Stories:
Living in fear, on their own
Living on edge, guns at the ready
Shadowed by fear, woman fends for herself
DAY3'
The states underfunded program can leave witnesses feeling
that no one cares about them. But without the courage of
witnesses, homicides can go unsolved tbrever.
Stories:
Aid disparity leaves some witnesses in lurch
Anti-snitch culture Jets killers walk
ABOUT THE SERIES'
For 12 years, Colorado has had a fuiid to protect state
witnesses from harm. During that time, at least '16 witnesses
and associates have bee.n murdered and more than 2,000
:felony crimes have been committed against witnesses. Many
people in danger were not even aware that there is a witness
protection prQbrram in place.
Is Colorado s witness protection program adequately funded
or even worki.ng? The Denver Post examines the people and
the problems involved in our states witness protection
program, looking at the victims, their families and the
resources required to protect them from a problem so large
and a system so broken, it threatens our entire judicial
process. keep the addresses of Marshall-Fields and
five other witnesses secret. AU feared having
their locations !mown.
But five court dates and nearly six months
passed before that motion was fmally considered
by a judge. By then a defense lawyer had given
detailed witness information to his client, a drug
dealer associated with a dangerous Chicago-
based gang.
For 12 years, Colorado has had a fund to protect
state witnesses from harm.
But according to Javad's mother,
no one told him this program existed. After
burying her son, she asked a prosecutor why he
was never offered protection as a murder
witness.
The response: "He never asked.
11
In Colorado, at least 16 witnesses
and associates have been murdered since the
state created a fund to protect the lives of
witnesses. In most cases, thxeats preceded the
murders. Some witnesses repeatedly reported
those threats to police and prosecutors. and associates
have been murdered since the state created a
fund to protect the lives of witnesses. In most
cases, threats preceded the murders. Some
witnesses repeatedly reported those tlrreats to
police and prosecutors.
A Denver Post computer analysis found that
since 1998, Colorado prosecutors have filed more
than 2,000 felony cases of crimes against
witnesses - crimes ranging from harassment and
witness tampering to arson and murder.
Witnesses have been kidnapped, raped and shot.
Javnd ivlarshali-Ficld. left. his liuncce ViYian \Volfe. (file)
Yet in a typical year, judicial districts throughout
the state spend less to protect the lives of
witnesses than Denver spends to plant flowers.
Many witnesses say that even after they
survived a murder attempt, nobody offered
protection. Some have moved thousands of miles
away at their own expense. Others have invested
in handguns and alarm systems and rehearsed
shootout scenes with their children.
To this day, the father of a witness from a 2001
case still won't allow his children into the car
until after he has started it alone.
State federal differences
In federal courts, protected witnesses gain new
lives, new identities and new jobs. The U.S.
Marshals Service has $3 8
Abe Hagos, a drug- kingpin convil'lcd of rnaSll'rminding the
Novcmhcr 1998 Dcnvc1assas$inntion ora pmsccution witness
who was going w te,;ti(v against I lagos in a d111g 11ial
sentenced t(l life i11 prison without parnlo:::. The wimess, James
Roberts, was gunned down on a Dcmcr street on Nov. 7,
199R by Samnang Prim at Hagos' (Post:' Gkn Mmtin) million
tlris year to assist 17,500 witnesses and family
members.
In state courts, witnesses are on their own. A
handful of states budget $500,000 or more for
comprehensive witness- protection programs.
Most states spend nothing to protect witnesses.
The balance are like Colorado- a program exists
but has a budget of just $50,000, is little-used
and may offer little more than a bus ticket or a
security deposit for a new apartment.
11
This is one of the most serious problems, as far
as I'm concerned, that our nation must confront,"
said Rep. Elijah Cummings of Maryland, who has
tried in vain to get Congress to provide $90
million a year to help states protect their
witnesses. "We all need to have a concern about
denv,erp,ost.com
fl ll' DENVER
staying
Stl'l l" C11nis. 47, >-uJYi,.::d a shunting 1hut killt:d I\\"() i11
:1!1 :<!lemplll' pilTt'nl rmm
Hylu11g Ci1ang) the course on the terror that takes
place in this country every day .
11
Improving state witness-protection programs
"needs to be done with a sense of extreme
urgency,
11
Cummings said.
11
Every time a person is
prevented from going to trial because of threats,
it chips away at the bricks in our system. At some
point, if it continues to go on, that system will
collapse.
11
There are no national statistics and scant
research on crimes against witnesses. When
Cummings introduced his witness- protection
bill, he cited a National Institute of Justice survey
that said 51 percent of big- city prosecutors
called witness intimidation a major problem. The
survey is 12 years old.
At the same time, National District Attorneys
at ht'r Aurora. Colorado humr on Monday.
i 7rh. :!0!.)7. son Javad and hb fiatK'ee were
murder n co;!plc ofyo::ars ago. At righr is a scmpbook and
court1ran;;t:ripl:> liom lrer {Post/ Cvrus
f'vkCrimrnon)
Association chairman Paul Logli told
Congress this year that witness intimidation
11
has
become almost epidemic." Gruesome examples
abound.
In Baltimore, drug dealers retaliated against a
witness by firebombing her house, killing her, her
husband and their five young children. In San
Bernardino, Calif., a gang member paroled from
prison forced his way into a witness' home, shot
and killed him and his father, and wounded the
infant boy sitting in the witness' lap. In
Philadelphia, six witnesses recanted their
testimony in the trial for the murder of a I 0-
year-old boy caught in gang crossfire outside his
school.
Colorado created its witness-protection fund
after gunmen tortnred and shot three people to
stop a waiter, Frank Magnuson, from testifying in
a restaurant robbery case.
Magnuson and another man died. Steve Curtis
was shot twice in the head - and survived. After
watching the defendants and their friends
intimidate witnesses and jurors at the murder
trial, Curtis persuaded legislators to establish a
protection fund in 1995.
Today, Curtis questions whether that fund has
served its purpose.
Magnuson
11
Was the first prosecution witness,
that we know, ever killed in Colorado. It's
amazing since then, how many there have been/'
he said.
"If you allow prosecution witnesses and jurors to
be threatened and even killed, you will have no
judicial system. I have to question whether law
enforcement is taking it seriously enough. How is
it that they are not keeping these people safe?
11
Gov. Bill Ritter, a fom1er Denver district attorney,
called witness protection critical to the justice
system and said he would welcome federal help
to the states.
11
Any death is too many,
11
he said.
11
lt undermines
the very core of the system.
11
Yet in his first year as governor, Ritter did not
push for a significant increase in witness-
protection funds, and legislators chopped the
Department of Public Safety's $100,000 request
in half. The governor said he will ask for
additional money if the state ftmd runs low.
In the four fiscal years through 2005, the year
Marshall-Fields and Wolfe were murdered,
Colorado spent an average of $29,895 statewide
to protect witnesses in 22 judicial districts.
Broomfield spends more than that on its
Christmas light displays.
The Colorado program requires prosecutors to
spend their own money to protect witnesses,
then seek reimbursement from a three-member
state board.
Colorado District Attorney's Council executive
director Dave Thomas, who serves on that board,
acknowledges that until recently, the state did
not publicize the existence of a fund to protect
witnesses' lives.
Within the law enforcement community, ''a lot of
people didn't even lmow it existed," he said.
Now, thanks to the mothers of Javad Marshall-
Fields and Vivian Wolfe, his murdered
fiancee, Colorado must provide training
about the program by law. Thomas said the
board has done so at conferences of district
attorneys and victims' advocates.
The 2006 law also requires the state board to
create a
11
witness protection risk assessment
11
model and provide it to prosecutors and police.
Fifteen months later, that hasn't been completed.
A Department of Public Safety spokesman said
developing a model for a wide range of cases has
proved more difficult than anyone assumed.
Thomas said that as assaults against witnesses
have grown, so has law enforcement officials'
awareness that witnesses must be asked about
threats and informed of resources to protect
them.
"Can we be more aggressive about explaining
this to victims and witnesses involved? Yes," he
said. "We have an obligation to tell them the
program does exist."
Drug case turns deadly
In Jefferson County, Jimmy Roberts was
murdered for agreeing to testify against Abe
Hagos in a drug-dealing case.
For eight months, Jefferson County prosecutors
and detectives lmew Hagos was threatening their
key witness, court records show.
But the case prosecutor doesn't remember
discussing the witness-protection program with
Roberts until two days before he died- after he
survived a first murder attempt.
The warnings:
On March 4, 1998, Roberts and a detective
advised prosecutor Judy Archuleta that a female
had called Roberts with a message from Abe to
"watch his back."
In April, Roberts recorded phone calls from
Hagos, who asked to meet him alone and
threatened Roberts' brother. He gave the tapes
to police.
In May, Archuleta reported the threats in court,
and Hagos' bail was raised to $100,000. He
bonded out four days later.
In June, Roberts told police Hagos was showing
up at his brother's workplace. He a1so told police
that Hagos warned him, "Enjoy the sununer,
because you'll be dead at the end."
On Nov. 4, 1998, Roberts escaped an attempted
murder at his home that had been set up by his
best friend.
The next day, Roberts appeared in court with
Hagos. At a conference room window, Hagos saw
Roberts and put a finger to his head. The
prosecutor and a detective offered witness
protection. He declined.
On Nov. 7, Roberts was killed as he went to
work.
Laura Roberts, Jimmy's mother, lived across the
street from him that year. She remembers how
scared he was. He was escorted by police officers
in and out of the courthouse. He wouldn't take
his own car to the police station.
She said her son turned down the protection
offer after the first murder attempt because he
feared his brother and father would be killed
instead.
"If he accepted protection and others were
killed, he knew he couldn't live with himself," she
said.
Was Roberts' murder preventable?
Prosecutor Archuleta, now a judge in Jefferson
County, can still see him sitting in front of her,
rocking back and forth in a chair, silently
weighing her offer to hide him in a hotel for a
while.
"They Imow where you live. They know what car
you drive. They lmow where you work," she told
him.
He thought it over. "No, I can take care of
myself," he decided.
It was the last thing he said to her.
Archuleta thinks that was the first time they
discussed witness protection and that he did not
tell her he feared for his family if he
disappeared.
In the months leading up to the trial, Archuleta
had advised Roberts to record any calls from
Hagos and reported Ragas' threats in court.
"I don't think the system could have done
anything different," she said.
If Roberts had confided he feared Hagos would
kill other family members if he accepted witness
protection, "I would have tried to convince him
harder, n she said. ''The odds would be against
that.
11
She doubted that talking to Roberts about
witness protection when the threats began would
have made a difference. "He didn't want to do it,"
she said.
Denver District Attorney Mitch Morrissey, whose
office regularly uses witness- protection funds,
said there is one recourse if prosecutors know a
witness and his family are in danger.
11
We've
relocated whole families," he said.
Threats, then bloodshed
Other witness murders were preceded by death
threats - and claims that police were inforo1ed.
In Adams County, Natisha Gallegos obtained a
restraining order against her husband, Albert,
after they separated. Last November, after she
refused his pleas to return to him, he was
charged with violating that order by sexually
assaulting her, punching her, asking "Should I kill
you?" as he held a lmife to her face, then stealing
her car.
Police lmew she was the only eyewitness in the
case.
A month later, her body was found on the floor
of her bedroom. She had been stabbed 67 times.
Dawn Delgado, Natisha's pregnant sister, told
police she had stayed at Natisha's apartment two
nights the previous week because Natisha "had
told her that she was afraid that Albert Gallegos
was going to ldll her. n
Don Quick, Adams Connty's district attorney,
said the investigating detective does not
remember mentioning the witness-protection
prognnn to Natisha.
fu court records, detectives say Gallegos told
them he lmew Natisha had accused him of rape,
and he stood outside her home for 45 minutes
before deciding to kill her on Christmas Eve. He
now faces a first- degree murder charge. His
attomeys contend he suffers from a grave
mental illness.
After Jimmy Roberts was murdered, prosecutors
quickly offered protection to other key
witnesses. After Javad Marshall- Fields was
murdered, the same thing happened in Arapahoe
County.
questions why no one thought of
protecting the witnesses before Javad and his
fiancee were killed.
"After the death of my son, that's how I became
aware of how broken the system was," she said.
"It seems like prosecutors, they use you as a
pawn and don't pay enough attention to letting
you lmow the services available. My son, if he
had just been given some basic safety measures,
told 'lfthis happens to you, Javad, call right
away.' They never explained anything to him."
Violence at July 4 fest
The case began with a free barbecue and rap
music contest on July 4, 2004, that suddenly
turned violent at 9 p.m. when two young men
pulled out guns. Three people were shot. Javad
survived. Flis friend Gregory V arm died.
On Dec. 9, 2004, prosecutor Michael Frederick
filed a motion to protect the locations of six
witnesses against a 19-year- old charged as an
accessory to Vann's murder: Robert Ray.
All six "have expressed their desire that the
defendant not have their current address," he
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wrote, and didn't even want his lawyer to lmow
where they lived.
Ray had friends who called themselves Gangster
Disciples, a gang lmown for killing witnesses,
and allegedly told one friend he was making
$40,000 a week selling cocaine. He soon hired
, a prominent defense lawyer
who has represented several Denver Broncos in
court cases.
Six months and five court dates passed. On June
6, 2005, District Judge Michael Spear asked about
the unaddressed motion for a protective order.
who had become the case
prosecutor, didn't know her predecessor had filed
it. "Your honor, I apologize to the court, since I
did not file it, I actually didn't realize it had been
filed," she said.
The judge turned to . "What's your
position?" he asked.
"Well, unfortunately, I was not aware of the
pendency of that motion and it is my practice to
provide copies of all discovery,,
replied, and "it appears, although I can't be
certain, that addresses of those individuals were
provided."
Spear did the one thing he could: order "the
whereabouts or current addresses" of witnesses
protected from that day forward. "What's been
done has been done," he commented.
Two weeks later, Javad Marshall-Fields and
Vivian Wolfe were shot to death as they drove
down a suburban street.
said she was unaware that a
motion to protect witness locations was pending
for six months before her son died. "That borders
on gross negligence," she said.
Last week, she did not remember
any discussion about a motion to protect
witnesses when she inherited the case. But "I
should have double-checked'' the records, she
said.
Of the five others who asked to have their
addresses protected, one was , the
first person who led police to Robert Ray as a
suspect in the July 4 shootings.
Before Marshall-Fields and Wolfe were
murdered, he told detectives that two men had
broken into a friend's home, armed with
handguns, and demanded to know his
whereabouts.
One witness became so frightened that he
approached Robert Ray in the courthouse parking
lot "and told him that he did not want to testify,
that he had not signed any statements, and
indicated that he would not cooperate in the
case against Robert Ray," prosecutors allege.
In court papers, prosecutors described witnesses
to Vatu1's murder as terrified. The pervasive fear
"prevented the identification of Sir Mario Owens
for over a year" as Vann's murderer, prosecutor
wrote in a memo to the court.
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Yet until two more people died, the district
attorney's office failed to protect key witnesses.
The three young men accused of killing them -
Ray, Owens and Parish Carter- had stalked
Javad Marshall-Fields, staked out his home and
confronted him twice on the day before he died,
prosecutors allege. At a Father's Day barbecue,
Ray and his friends found him. Marshall-Fields
nervously told a friend he had seen the man who
shot him and they needed to leave.
Hours later, they allegedly tracked him down
again at a sports bar where Carter called him by
name and warned him, "You're a marked man.
You better watch your back, homie."
That night and the next day, Javad called his
older sister. He talked about the threats to kill
him. He asked her to help him move out of
Colorado as quickly as possible. He confided he
was afraid to testify "because Robert Ray and his
associates were Gangster Disciples," court
records show.
He was killed at 8:55p.m.
All three defendants have pleaded not guilty.
Javad had just fmished college and plarmed to
move to Virginia. His mother wishes the district
attorney's office had sent him there until he
testified. "They could have done that, and he .
might be alive today," she said. "I do think the
system failed my son. And I think I failed him a
little too, because I should not have trusted the
system."
Arapahoe County District Attorney
said she can't comment on the
Marshall-Fields case because of a court-imposed
gag order. But, she noted, her office now
attaches a notice to each subpoena urging
witnesses to notify police and prosecutors of any
threats, and to call 911 immediately "if you
believe you are in any danger."
That warning was added after Marshall-Fields
and his fiancee were killed.
"I wish that had been on the subpoenas
previously," said the case prosecutor. "lt
1
s
a wise precaution.
11
prefers to call the Colorado program
witness relocation. Witness protection "gives
people the illusion that it's like the federal
witness-protection program. Those are not the
resources Colorado has," she said. "We cannot
support people for long periods. We don
1
t have
the resources to pay rent.
11
At home, around the empty
living room of the Aurora house where her son
grew up, remembering the laughing boy who
loved basketball, golf and music, whose favorite
meal was fried pork chops, mashed potatoes and
string beans. She made it for his birthday every
year.
"I miss him so," she said.
11
lt
1
S hard picking myself up to go to work. I have
to fake myself out each day to participate," she
said.
11
He was busy busy busy, school events, sports
events, when you have all that activity around,
'Mom, I'm doing this, I'm doing that, come
support me .... ' The house seems so empty and
quiet now. I don't really have anything to do
anymore."
Staff writer Nancy Lofholm, former computer
assisted reporting editor Jeffrey Roberts and
former research librarian Regina Avila
contributed to this report.
David Olinger: 303-954-1498 or
dolinger@denverpost.com .
and associates have been murdered since the
state created a fund to protect the lives of
witnesses. In most cases, threats preceded the
murders. Some witnesses repeatedly reported
those threats to police and prosecutors. and associates
have been murdered since the state created a
fund to protect the lives of witnesses. In most
cases, threats preceded the murders. Some
witnesses repeatedly reported those threats to
police and prosecutors. and associates have been
murdered since the state created a fund to
protect the lives of witnesses. In most cases,
threats preceded the murders. Some witnesses
repeatedly reported those threats to police and
prosecutors.
~ Print :.:::c;; Fmflil
';::1
;2J RPt11rn tn Ton ShrlrP.
Page A6 Aurora SunSentinel October 26, 2006
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M
ora's IT gurus swapped
chnology tips Oct. 18
th more than a dozen of-
ficials from Ireland.
Members of Aurora's Information
Technology team and the group -
eight officials apiece from Ireland
and Northern Ireland- discussed
software programs, how to develop
Internet services and the politics
surrounding different projects.
Rose Crozier, a Belfast, Northern
Ireland; city council woman, said
she expects to have a wireless-net-
work available throughout her city
of270,000 residents some time next
year.
Dublin officials said they are also
weighing the creation a citywide
wireless network at a cost of be-
tween $10 million and $20 million.
"We see our society unable to
grow without the investment," said
Bill McCluggage, director of Bel-
fast's Department of Finance and
Personnel.
Russell Pulling, manager of the
city's Software Application, fielded
questions and described some of
the challenges and successes Auro-
ra's IT department has had in devel-
oping technology.
"Were always driving towards
more e-government," he said.
Through a grant from the U.S.
State Department, Boston College
sponsors about lO programs a year
aimed at building cooperation be-
tween leaders of the two countries,
said James Myers, program manag-
er for the college's Irish Institute.
This is the first group of officials
the program has sent to the United
States over a common interest in e-
governance, Myers said.
During their 10-day trip, the 16
officials met with representatives
and tech experts from Boston,
Photo by Sh1
Askin': Information officer for Norther
Cluggage talks about software system
Council during a meeting Oct. 18 insid
Colorado Springs, Denver and state
representatives.
Aurora was included in the tour
because the city was recognized for
its e-government services by the
Center for Digital Government in
2005 and 2006, according to city of-
ficials.
Irish and British officials said the
Emerald Isle ranks within the top
lO places in the world for Internet
access, but local governments will
also need to educate the public
about Internet services and wire-
less use as it becomes more widely
available.
"We're market making," McClug-
gage said.
Crozier added that the next gen-
eration will be much .more Inter-
net savvy than their parents and
will demand the flexibility and
convenience wireless technology
offers.
Residents of cities throughout
Ireland and Northern Ireland might
not be clamoring for Internet access
Wife testifies against F

recounts night of
July 4 murder
By Brandon Johansson
Aurora Sentinel & Daily Sun
S
urrounded by an angry
crowd at a Fourth of July
party in 2004, Robert Keith
Ray lifted his shirt to show the
handgun tucked in his waistband.
''I'll kill you all, I'll kill every-
body," prosecutors say the 19-
year-old shouted at the throng of
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Jury gets witness-slaying case
3 Comments Share
By carlos Illescas
The Denver Post
Article Last Updated: 05/ 09/ 2008 06:24: 26 PM MDT
CENTENNIAL- Sir Mario Owens was a cold-blooded killer who ambushed a
witness scheduled to testify against Owens' best friend, prosecutors said today
during closing arguments.
3 Comments
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October 28, 20080ctober 28,
2008
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Shake things up? Probably not
1 ne five-weeK tnal ror uwens, accuseo or Killing Javao Marsna11-t-1e1os ana nts
fiancee, Vivian Wolfe, in June 2005, is now be in the hands of the jury, which
will begin deliberating Monday morning.
If convicted, prosecutors have said they will ask for the death penalty against
OWens.
Marshall-Fields was scheduled to testify against OWens' friend, Robert Ray, in
the death of another man a year earlier at a Fourth of July rap event and
barbecue at Lowry Park in Aurora. But he was killed on the eve of that trial.
Both Ray and OWens have already
Javad Marshall-Fields, right, and
VIvian Wolfe in a family photo
released in 2005. (AURORA DAILY
SUN & SENTINEL I PATRICK KELLEY)
District Court.
been convicted in that case. Owens
received life in prison without parole in
the shooting death of Gregory Vann at
the park.
On Friday, prosecutor said
Owens and another man waited near
Marshall-Fields' apartment, then opened
fire on the car carrying Marshall-Fields
and his fiancee.
"Everything about this crime speaks
first-degree murder," during
closing arguments in Arapahoe County
'The shooter hung his head and his arm out the window as he fired a 45-caliber
revolver into the car," said. "Sir Mario OWens is in fact the killer in this
case."
But defense attorney tried to cast doubt with the jury that
someone else killed Marshall-Fields and Wolfe.
She alluded to a friend of Ray's from Chicago who was staying with him at the
time of the killings.
She also questioned why authorities did not test hairs on a baseball cap found
at the crime scene that DNA confirmed belonged to OWens.
"Nobody tried, nobody ever looked," she said.
During much of her closing arguments, nt over instructions the jury
had been given earlier. She also questioned the credibility of prosecution
witnesses, some who had cut deals with the district attorney's office and others
who were jail inmates.
"When you have conflicting information, you have to have a reason to believe it
or a reason not to believe it," she told the jury.
But prosecutors maintained that Owens was clearly the shooter. said
that after the shooting deaths, Owens called Ray and said, " "It's tooken care
of.' "
Sir Mario Owens (Denver Post file
photo)
RELATED
Jun 17:
Murderer sentenced to death
May 15:
Witnesses to justice for slain couple
May 14:
Guilty verdict in witness killing
May11:
Case of accused witness-killer in
hands of jury
MayS:
Closing arguments Friday in Sir Mario
Owens trial
Jan 6:
Witnesses: a dying breed
Jan 26:
Mother awa1ts justice in 2004
shooting
Feb 8:
Man gets 108 years for role in Aurora
park murder
Aprg:
Attorney: Witness told not to testify
Apr 8:
Prosecution: Slaying victim targeted
for 'snitching'
Oct 8:
State prodded to beef up aid for
witnesses
May9:
Suspect in witness killings to avoid
death penalty
Apr 4:
Fatal shooting in park draws life term
A main contention by prosecutors was that OWens was into the "Stop-Snitchin" culture, threats directed at people who
tell police about crimes. When OWens was pulled over and arrested in Louisiana for the Vann murder, Owens had
several "Stop Snitchin" T -Shirts in his car,
"It is his view of the world, it is his value system," "
But told the j ury that attitude was irrelevant in this case.
''You're not here to decide the attitude of anybody," said.
Several family members of both victims were at court Friday, including Marshall-Fields' mother,
Marshall-Fields wanted to come back here and seek justice for his friend, Vann.
'That opportunity was denied," said.
All for this one moment
_ 'Thcn!5nota.'lbWw.,.,tol'ty
--- Lufthansa
All for this one moment
n.r. s no beft ..., 110 tty
--- Lufthansa
All for this one moment

Lufthansa
Carlos 11/escas: 303-954-1175 or cillescas@denverpost.com.
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I pray that justice be served on Sir Mario. Rest in Peace Gregory, Javad and Vivian. I hope this brings
closure for their families.
KJ 1111 PM on Friday May9
Report Abuse
I pray that justice is served but not at the expense of someone elses life. Sir Mario is not receiving a fair
trial with the way he has been portrayed by the media. He is not a cold blooded murdered. Just because
he has been convicted does not mean he committed the crime. The prosecution found someone they
could pin the murders on. Every family wants closure, including Sir Mario's family.
D S 11155 AM on Fnday Jun 13
Report Abuse
Truthbetold ... Perhaps you know who did commit all these murders that "Si( is somehow connected
to ... why don't you "snitch" on that person so your buddy "Sir" can go free .. .
BJ 1204 PM on Fnday Jun 13
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I pray that justice be served on Sir Mario. Rest in Peace Gregory, Javad and Vivian. I hope this brings
closure for their families.
K J 1 11 PM on Fnday May 9
Report Abuse
I pray that justice is served but not at the expense of someone elses life. Sir Mario is not receiving a fair
trial with the way he has been portrayed by the media. He is not a cold blooded murdered. Just because
he has been convicted does not mean he committed the crime. The prosecution found someone they
could pin the murders on. Every family wants closure, including Sir Mario's family.
D S 1 11 55 AM on Fnday Jun 13
Report Abuse
Tnuthbetold ... Perhaps you know who did commit all these murders that "Sir" is somehow connected
to ... why don't you "snitch" on that person so your buddy "Sir" can go free ...
B J 12.04 PM on Fnday Jun 13
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Wife "knew" who helped kill
witness
By Carlos Illescas
Denver Post Staff Writer
Article Last Updated: 08/18/2006 04:57:47 AM MDT
0 Comments
Arapahoe County - The wife of one of three men suspected in a witness killing testified Thursday that one of
the suspects told her he killed the witness' fiancee because she was in the wrong place at the wrong time.
At a bond hearing Thursday in district court in Arapahoe County, wife of suspect Robert Ray,
said suspect Sir Mario OWens told her he shot Vivian Vl/olfe the day after it happened.
'We knew he did the (shooting)," .
The testimony came in a bond hearing for Robert Ray, OWens and Parish Carter.
The three are suspected of killing Javad Marshall -Fields and Vl/olfe, both 22, on June 20, 2005. Fields was set
to testify against Ray in connection with a homicide a year earlier, but he and Vl/olfe were gunned down as they
were driving down an Aurora street.
After Thursday, the hearing was continued until late November.
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In the 2005 shooting, investigators believe Ray paid Owens and Carter in drugs to kill Fields.
On Thursday, said that Carter and Owens would do almost anything for her husband, who ran a
barber shop in Aurora where drugs were sold outside.
"Everyone wanted to be Robert," she said.
originally charged as an accessory to the 2004 murder of Gregory Vann, but she received a
deferred sentence, meaning if she stays out of trouble, the felony would be dropped.
Aurora police Detective clarified a few points on the stand Thursday.
A day earlier, she said a juvenile had warned Owens and Carter when Fields was heading down the street
where the two were waiting in ambush. But on Thursday, the detective said Carter told the juvenile someone
else made the call.
Staff writer Carlos IJ/escas can be reached at 303-820-1175 or cillescas@denverpost. com.
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