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Notable Cases

USA v Ismael Gutierrez

2022-2023

Originally charged with distribution of fentanyl resulting in death.  Our office proved Mr. Gutierrez was not the victim's drug source, resulting in the government dropping the death charge.

USA v Matthew Martin

2019-2022

Following a false confession, and the state's refusal to prosecute, federal prosecutors indicted Mr. Martin and sought a murder enhancement with the threat of pursuing the death penalty.  Our office proved that the victim's death was a suicide, which barred the prosecutors from making any claims related to the victim's death.


Related Media

  • Judge sides with defense with factual finding that death was a suicide 
  • Police investigating man for first degree murder after woman's body found following

People v Steven Heimberg

2018-2019

Mr. Heimberg was charged with first degree homicide after admittedly shooting an intruder on his property.  At trial Mr. Heimberg was acquitted of all charges.


Related Media

  • Saguache jury finds Heimberg not guilty on all charges 
  • Defense questions investigator Benjamin Wood during trial
  • Heimberg charged with murder

People v Sir Mario Owens

2011-2017

During the appellate proceedings, our office was responsible for identifying and developing, among other issues, the misconduct of a juror.  Although Mr. Owens' verdict was not reversed, his death sentence was reduced to a life sentence.


Related Media

  • Juror at center of misconduct claim testifies
  • Judge grants new hearing in Sir Mario Owens appeal
  • Colorado Supreme Court’s firing of judge unacceptable
  • Lawyers called judge’s firing “literally unprecedented”

People v Daniel Ortiz

2014-2016

Mr. Ortiz and a co-defendant were charged with first degree murder.  Our office proved the government's "star witness" was both incredible and most likely the actual shooter.  The result was acquittals on all charges for both Mr. Ortiz and his co-defendant.


Related Media

  • Jury acquits both men in Nathaniel Tallman felony murder trial
  • 'Untrue': Defense attacks credibility of key witness in Nathaniel Tallman trial
  • Defense blames third man as Nathaniel Tallman murder trial opens 

People v Edward Montour

2011-2012

Our office was instrumental in establishing a relationship between the defense team and the victim's family.  Ultimately, Mr. Montour's death sentence was reduced to a life sentence.


Related Media

  • Montour Death Sentence Reversed
  • Let father of slain prison guard make case for sparing killer’s life
  • Edward Montour’s attorneys say new evidence proves wrongful conviction

People v Alejandro Perez

2004-2011

Mr. Perez faced the death penalty for the killing of a fellow inmate.  Our office was instrumental in uncovering evidence that not only proved his actual innocence, but resulted in the appointment of a special prosecutor and the reversal of the prior conviction of a co-defendant.


Related Media

  • Jury acquits inmate of murder charges
  • Alejandro Perez verdict: A stunning rebuke of Carol Chambers' death-penalty chase

People v Kent Profit

2005-2007

Mr. Proffit was convicted of the killing of a teenager.  Our office worked with Mr. Proffit's defense attorney during the mitigation phase which resulted in the jury not imposing a death sentence.


Related Media

  • Jury spares life of Kent Profit

People v Eddie Butler

2005-2006

Mr. Butler, and his co-defendant, were charged with first degree homicide.  Our office proved the government's "star witness" was both incredible and most likely the actual shooter.  The result was acquittals on all charges for both Mr. Butler and his co-defendant.


Related Media

  • Defendant found not guilty in homicide of Denver Police Detective’s son

USA v Rodney Joseph

2004-2006

Mr. Joseph and his co-defendant were charged with first degree homicides following the shooting deaths of multiple victims at the Pali Golf Course in Hawaii.  As a result, federal prosecutors filed a notice to seek the death penalty.  Following our work, and a presentation in Washington D.C., the U.S. Attorney General declined to authorize the death penalty.


Related Media

  • No death penalty in golf killings

USA v Ivan Mendoza-Rico

2004-2005

Mr. Medoza-Rico, and through a superseding indictment, his co-defendant, were charged with first degree homicides.  The government filed a notice under 21 U.S.C. § 848(h) to seek the death penalty, however the trial court in Idaho eventually barred the government from seeking death.


Related Media

  • Government barred from seeking death penalty

People v Robert Henderson

2003-2004

Following the deaths of his two children, Mr. Henderson was charged with first degree homicides under the theory that he had intentionally poisoned his children with cough syrup.  Our office proved the forensic chemist's findings we inaccurate, which resulted in a plea deal on the eve of trial. It also resulted in the Chemist's removal from the lab and the loss of a statewide testing contract.


Related Media

  • Chemist’s credibility impeached by defense at hearing
  • 6 year deal after facing 128 years

People v Robert Harlan

2001-2003

Following his death penalty sentence, trial team defense investigator Ralee Knapp discovered juror misconduct.  Our office, working with the appellate team, confirmed Ms. Knapp's findings which resulted in Mr. Harlan's death sentence being converted to a life sentence.


Related Media

  • Colorado Judge Throws Out Death Sentence 
  • Colorado Supreme Court throws out Robert Harlan's death sentence
  • Bible spares convict from death row

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