The trial court's interpretation and application of its "especially heinous" aggravating factor was manifestly erroneous and violated the death statute and the Due Process, Cruel and Unusual Punishment and Ex Post Facto Clauses of the federal and Colorado constitutions. Colorado Springs shooting suspect Anderson Lee Aldrich is facing at least five counts of murder along with five charges of committing a bias-motivated crime causing bodily injury.. At least five . In May 1988, through both dental identification and cross-referencing dental records, Kramer determined that the skull belonged to Vosika. I wanted out as soon as I got there but I had paid six months advance rent like I usually did. [23] White specifically contends that A few years into his sentence, he sent letters to the El Paso County Sheriff's Office in which he claimed to be a serial killer who has killed approximately 48 or 49 people since 1970 across several states. The first step is a determination beyond a reasonable doubt that certain statutory aggravating factors exist. A review of the record reveals that the district court did appoint Dr. Ingram pursuant to section 16-8-108, to assist White in the preparation of possible mental health defenses. Counsel for White subsequently commenced presentation of mitigating evidence. When White admitted killing Vosika in 1991, he was serving life sentences for the other two murders. Defendant has stated on many occasions, and offered sworn testimony, that a reason for pleading guilty is the opportunity afforded by these proceedings to expose brutal conditions at the Department of Corrections. Based upon the offer of proof made by defense counsel, the excluded testimony would have cast doubt on the credibility of the version of the murder found by the district court to be "very credible," and upon which the court relied when it made specific findings concerning the manner in which Paul Vosika was killed. Ronald then also pled guilty to second-degree assault when he was charged with assaulting a fellow cellmate in 1989. This concern for the reliability of a jury verdict of death finds expression in United States Supreme Court decisions requiring that a jury's determination to impose the penalty of death reflect the conviction of each juror, guided by constitutionally sufficient statutory standards. at 794-95. Proffitt v. Florida, 428 U.S. 242, 252, 96 S. Ct. 2960, 2966, 49 L. Ed. -- John Douglas (Retired FBI Agent - Behavioral Science) Jan 29, 2022, 2:08 PM. Over 1,000 affordable multi-family units . This construction is consistent with the language of section 16-11-103(1)(b), wherein the General Assembly provided: January 8, 2023. The district court was aware of White's two prior convictions of first-degree murder *452 of Victor Lee Woods and Raymond Garcia, occurring in January and April of 1988, respectively, approximately five months after the murder of Vosika. Luther is still a suspect in the 1982 murders of two hitchhikers, Bobbie Jo Oberholtzer and Annette Schnee, but has not been charged. Grant, 248 Cal. The Canadian writer has a better grasp of criminology and the psyche of a serial killer's mind than most people who spend a lifetime in a professional field chasing criminals and diabolic fiends". 870 P.2d 424 (1994) Our own decisions also have recognized that "the unique severity and irrevocability" of the death sentence creates an "enhanced need for certainty and reliability" in its application. See Clemons v. Mississippi, 494 U.S. at 753, 110 S. Ct. at 1450 (finding the Mississippi Supreme Court's decision to uphold the death penalty "very difficult to accept" in light of its repeated emphasis upon and analysis of the invalid "especially heinous" aggravator in its death sentence order). These offenses were accomplished by the use of a firearm, and therefore, pursuant to statute, are crimes of violence. denied, 489 U.S. 1072, 109 S. Ct. 1356, 103 L. Ed. [14] The list of mitigating factors employed by the district court corresponds to 16-11-103(5)(a)(l), which defines the mitigating factors relevant to sentencing in capital cases. White procured a miter saw, a shovel, some plastic bags, and some cord. While in custody in Aspen, Bundy opted to defended himself in court, which awarded him access to the law library at the Pitkin's County Courthouse. gtag('config', 'G-PHGM0VEZ9H'); at 1357 (emphasis added) (citations omitted). Kantrud stated that White was not resisting the officers during this episode. See People v. Tenneson, 788 P.2d 786, 789 (Colo.1990). Paul VosikaOn March 26, 1988, Corporal Roger Gomez (Officer Gomez) received a telephone call from a farmer who stated that he had discovered a decomposed animal or human body near the Cedarwood Lane and Abbey Road area in Colorado City in Pueblo County. His family ran a dairy farm, and his father, Ronald, later became a deputy sheriff in the Red River Parish Sheriff's Office. 3d 97, 249 Cal. White pulled a gun out of a drawer and forced Vosika to get on the kitchen floor. Step III requires a sentencer to, "weigh any existing mitigating factors of record against statutory aggravating factors." I hated bills.". He also testified that White confessed to killing two men many years prior to 1988, whose bodies were never discovered. The man killed . The truth is, if I would of never put a needle in my arm at about 22 I would never have been in prison. A security guard who happened onto that robbery also was shot in the head. Officer Gomez also located some plastic bags, remnants of some black plastic, and a quarter-inch, knotted, white cord in an area where he found what appeared to be a shallow grave. 2d 235 (1983). [18] In People v. Saathoff, 790 P.2d 804 (Colo. 1990), we concluded that a district court erred by ruling that section 16-11-103(1)(b) barred the admission of a defendant's prior criminal record. Whites death sentence was set aside in 1998 after his attorneys proved prosecutors failed to give them some sheriffs documents before trial as required. For example, the majority sets forth in detail the post-mortem abuse and grisly mutilation of Paul Vosika's body. NewsNow brings you the latest news from the world's most trusted sources on Colorado Springs, a city which is located in Colorado. The instant appeal followed. Finally, although the majority grudgingly mentions that White claimed to seek the death penalty as a means of escaping brutal prison conditions, id. Id. The state argued that the trial court properly considered criminal conduct of the defendant that occurred after the murder for which the defendant was being tried. Officer Spinuzzi characterized White's demeanor during the interview as sober at times, but smirking or grinning at other times. Based on this review of step four alone, I am unable to say with the majority that beyond a reasonable doubt the district court would have imposed the death sentence absent consideration of the especially heinous killing aggravator. On February 9, 1960, Coors disappeared on his way to work and his station wagon was found abandoned, with blood evidence nearby. See infra part IV B. The mitigating factors previously discussed were properly found insufficient to outweigh the proven statutory aggravator. [5] White presented approximately sixty-four pages of testimony. .LHrbPP{background:#fff;border-radius:24px;color:#116dff;cursor:pointer;font-family:Helvetica,Arial,,meiryo, pro w3,hiragino kaku gothic pro,sans-serif;font-size:14px;height:0;left:50%;margin-left:-94px;opacity:0;padding:0 24px 0 24px;pointer-events:none;position:absolute;top:60px;width:0;z-index:9999}.LHrbPP:focus{border:2px solid;height:40px;opacity:1;pointer-events:auto;width:auto} . Officer Daniel Snell (Officer Snell) testified that he investigated the murder of Raymond Garcia (Garcia), who died as a result of a single gunshot to the back of his head while working at the Hampton Inn. Dr. Ingram testified that, in the report he previously prepared for defense counsel, he concluded that White's drug use affected White's ability to knowingly, intelligently, and voluntarily enter a plea of guilty. Rptr. Our primary task in construing a statute is to give effect to the intent of the legislature. at 447 (relyin. [25] White specifically contends that It is now on display atRipley's Believe It Or Not! Dr. Ingram testified that he examined White again on March 16, 1991, in order to assist the defense in determining whether White was competent or legally insane. at 792. Aggravator (6)(g) states that "[t]he defendant committed a class 1, 2, or 3 felony and, in the course of or in furtherance of such or immediate flight therefrom, he intentionally caused the death of a person other than one of the participants." Reliable in the sense that the decision was not arrived at in the heat of passion or prejudice against an accused. Id. what makes murderers and serial killers tick. One of the most notorious serial killers of all time, Ted Bundy, spent quite a bit of time in Colorado. The district attorney's office said the investigation is ongoing. In its written order, the district court stated that If I couldn't have that I wanted to make sure I got the death penalty because I know that[']s the only possible way to get the truth out. White returned to Pueblo and retired for the evening. In Tenneson, we were called upon to evaluate whether certain jury instructions given in regard to the third step of the sentencing process comported with the Eight Amendment's proscription against cruel and unusual punishment. Officer Gomez inspected the fence through which White allegedly put the body, and did not discover any fabric or flesh on the wire. In the documentary, you can see the police bodycam footage during their visit to the Watts' home before Chris was a suspect. During his service, he did two tours in Vietnam and one in South Korea before being dishonorably discharged in 1976 for drug abuse. [11] In People v. Durre, 690 P.2d 165 (Colo.1984), for example, we stated that, Aggravator (6)(f) states that "[t]he defendant committed the offense while lying in wait, from ambush, or by use of an explosive or incendiary device." With respect to the fourth step, in Tenneson, we emphasized that, after completion of the third step, a capital sentencer must still "be convinced beyond a reasonable doubt that the defendant should be sentenced to death." We find no deprivation of White's constitutional right to be present on these facts. SentencingOn May 16, 1991, the district court held a hearing to deliver the sentence. It saved the life of an undercover narcotics cop in Adams County. The trial court's ruling that Mr. White could and did waive his right to be competent during his plea and sentencing, after the court had previously ruled that a determination of his competency was required, violated the death statute, the competency statute, the Due Process and Cruel and Unusual Punishment Clauses. He subsequently returned to Colorado. j=d.createElement(s),dl=l!='dataLayer'? The information provided is only a small percentage of the CSPDs calls for service. We look first to the plain language of the statute for guidance, Davis, 794 P.2d at 180; Terry, 791 P.2d at 376; however, when statutory language is ambiguous, we must consider the underlying purpose of the statute in order to ascertain the intent of the General Assembly. There are four steps in this process. Finally, where the aggravator considered by the jury was improper because it was not given a constitutionally narrow construction, the reviewing court may apply another form of "harmless error" analysis and uphold the sentence if it finds, beyond a reasonable doubt, that had the aggravator properly been narrowed the jury would have returned a verdict of death.Davis, 794 P.2d at 179. The district court found that exhibit 20, which the prosecution produced, contained two judgments of convictions, accompanied by a certificate of the Custodian of Records at the Colorado Department of Corrections. The district court established that White understood the charge of murder after deliberation, and, by entering a guilty plea, that he was relinquishing certain constitutional rights. Since some of the issues raised in the direct appeal involve the factual background underlying all three homicides, the facts of each are presented below. White specifically testified: See People v. O'Neill. [7] Specifically, White contends that the district court introduced an improper standard into the sentencing process by inserting the phrase "beyond a reasonable doubt" into the phrase "all mitigating factors of record do not outweigh proven statutory aggravating factors. (5) For purposes of this section, mitigating factors shall be the following factors: (a) The age of the defendant at the time of the crime; or (b) His capacity to appreciate [the] wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution; or (c) He was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution; or (d) He was a principal in the offense which was committed by another, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution; or (e) He could not reasonably have foreseen that his conduct in the course of the commission of the offense for which he was convicted would cause, or would create a grave risk of causing, death to another person; or (f) The emotional state of the defendant at the time the crime was committed; or (g) The absence of any significant prior conviction; or (h) The extent of the defendant's cooperation with law enforcement officers or agencies and with the office of the prosecuting district attorney; or (i) The influence of drugs or alcohol; or (j) The good faith, although mistaken, belief by the defendant that circumstances existed which constituted a moral justification for the defendant's conduct; or (k) The defendant is not a continuing threat to society; or (l) Any other evidence which in the court's opinion bears on the question of mitigation. 16-11-103(5)(a)-(l). White pulled a gun out of a drawer and forced Vosika to get on the kitchen floor. The district court subsequently entered an order setting the People's motion in opposition for hearing on Monday, July 2. Robert Charles Browne was born on October 31, 1952, in Coushatta, Louisiana, the youngest of nine children. Where statutory language is ambiguous, we will analyze the statute with full regard for the policy and purpose manifested in the statutory scheme, and will construe the statute to accomplish the purposes for which it was enacted. at 448; Davis, 794 P.2d at 177. THE COLORADO STATUTE Our primary task in construing a statute is to discern and effectuate the intent of the General Assembly. The temptations for White began in the late 1970s, after he was out of the Navy and into life as a truck driver. 2d 398 (1980), a capital sentencer could not properly apply that aggravator without the benefit of a limiting instruction. The Florida Supreme Court, in Ruffin v. State, 397 So. VSection 16-11-103(8)(b), 8A C.R.S. The district court based its ruling on the grounds that: (1) White opposed a continuance and waived any further competency examinations; and (2) the district court had previously found that White *458 was competent on June 5, 1990, based on Dr. Sundell's report. Blood stained clothing is seen on the ground near Club Q, an LGBTQ nightclub in Colorado Springs, Colorado, on Nov. 20, 2022. I would vacate the death sentence and remand the case for resentencing to life imprisonment. He remains convicted solely in the murders of Sperry and Church, and no further murders have been conclusively linked to him since. The Supreme Court disagreed and stated: (function(c,l,a,r,i,t,y){ The district court concluded that section 16-11-103(6)(b) had been proven beyond a reasonable doubt. 2d 372 (1988), and Godfrey v. Georgia, 446 U.S. 420, 100 S. Ct. 1759, 64 L. Ed. denied, 488 U.S. 900, 109 S. Ct. 247, 102 L. Ed. Colorado. Officer Gomez went to the location and found the skull in a ravine. The Gregg Court reasoned: "We think it desirable for the jury to have as much information before it as possible when it makes the sentencing decision." In such cases, all wounds are properly considered under the "especially heinous, cruel, or depraved" aggravator as indicators of the way in which death was inflicted on the victim. Sandstrom declined to comment on the case before Tuesdays hearing. at 271, 96 S. Ct. at 2956. The Walton Court additionally concluded that, "even if a trial judge fails to apply the narrowing construction [of an aggravator] or applies an improper construction," the state appellate court need not vacate the sentence based on that error, as the state appellate court may reweigh the aggravating and mitigating evidence.[13]Id. Rehearing Denied February 28, 1994. Id. (1986). Id., 542 A.2d at 446. Idaho. Thus comments or written opinions by a trial judge may reveal the influence of error upon him. See People v. Mack, 638 P.2d 257, 263 (Colo.1981) ("[D]ue process or the defendant's right to effective assistance of counsel [do not] require[ ] the court to grant a request for a second competency determination after the accused already has been granted an adequate hearing on his claimed incompetency."). Police officers also testified that White dismembered the corpse and had sex with someone soon after killing Vosika. Ted Bundy, one of the mostnotorious serial killers of all time, moved from Washington to Salt Lake City in 1974 for law school, and by 1975 his killing spree bled into the state of Colorado. The Columbine High School shooting occurred on April 20, 1999, at a school located on the outskirts of Denver, near Littleton. To construe aggravator (6)(j) as encompassing the defendant's acts occurring a day after the acts that caused the death of another runs contrary to the statutory scheme. Officer Gomez testified that White stated, in a sarcastic voice, that he had been rehabilitated since their first interview. We all do. Maj. op. On Friday, October 7th a woman from the Kansas city metropolitan area escaped her kidnapper's home in Excelsior, Missouri and was taken to the hospital, wher. On one occasion, Moreland testified that six or seven guards attacked him and repeatedly shocked him with a hand-held box called a "Tazer SR." Moreland testified that the beating rendered him unconscious, so other inmates began to yell for medical attention; however, Moreland did not receive medical attention for approximately one and one-half weeks. In the present case, we first consider "whether, if the [district court] had not considered the invalid aggravator, it nonetheless would have sentenced the defendant to death." On April 8, 1988, White entered a plea of guilty to the charges of first-degree murder, attempted first-degree murder, and aggravated robbery. We conclude that the district court erred by relying on White's actions with regard to disposal of the body occurring a day after White killed Vosika. Id. In Tenneson, we observed that the statute "describes the decision process as one of weighing." White informed Officer Spinuzzi that, on the following day, he purchased a shovel and drove to the Cedarwood Lane area where White drove off the road and stopped his car. White's drawing of the saw matched the saw later discovered. denied, 488 U.S. 1050, 109 S. Ct. 883, 102 L. Ed. The court then concluded that it was "convinced beyond a reasonable doubt that all mitigating factors of record do not, beyond a reasonable doubt, outweigh proven statutory aggravating factors." White picked Vosika up and threw him in the trunk, covering him with a beige curtain. Young, 814 P.2d at 840 n. 5; Tenneson, 788 P.2d at 790. Serial killer Ronald Lee White terrorized the Pueblo, Colorado, region during the late 1980s, committing brutal crimes and leaving behind a grisly trail of evidence and body parts for cops and others to discover. White subsequently wrote several letters to various officers wherein White alleged, among other things, that either Vosika's sister, Colombian gangsters, President Reagan, or a three-year-old gang member were responsible for the homicide. [2] Upon arrival at Woods' home, White stated that Woods invited him inside for a beer. 2000 - 2002: 3 - 5: Colorado, USA: Gilbert Eugenio . Id. To the contrary, the record indicates that the testimony surrounding the "especially heinous, cruel, or depraved" aggravator was essential to the trial court's determination to impose the death sentence. However, based on our decisions in Davis and Rodriguez, and on the Supreme Court's opinion in Clemons v. Mississippi, 494 U.S. 738, 110 S. Ct. 1441, 108 L. Ed. Id. Later that day, White went to a hardware store and purchased a saw. Share. [2954,] 2964 [57 L. Ed. Also considered is defendant's recovery from a drug addiction in spite of his prior heavy drug use. Dec. 18Colorado Springs police have released the name of a suspect accused of opening fire on responding officers, injuring one, in a shooting incident early Sunday morning that led to a . White told Officer Perko that he and Vosika were good friends, and had both consumed and sold narcotics together. An evening shooting at a Quality Inn killed a juvenile and hurt four others, including two women, ages nineteen and twenty. 'https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f); The most homicides any neighborhood in Denver has had this year is Five Points, with 5. The record also reflects other errors, detailed in the course of this dissent, that reinforce the conclusion that the death sentence does not satisfy the high standard of reliability necessary to the constitutional sufficiency of such a sentence. The Court concludes beyond a reasonable doubt that the sentence of death is appropriate. I couldn't do that with the corruption and abuse that goes on here. [19] White additionally contends that the two first-degree murder convictions are not admissible pursuant to 16-11-103(6)(b) because the prior convictions were not crimes of violence pursuant to 16-11-309, 8A C.R.S. Id. at 283. Only three of those pages discuss the prior violent felony aggravator. At his sentencing, Pierce was unremorseful and did not apologize for the murder. Kantrud stated that he and White were housed in the same pod when Kantrud witnessed six officers enter White's cell and remain there for approximately two to three minutes. Groves began his criminal career as a pimp in the late '70s. The defendant argued that the murders of victims 3 and 4 could not serve as special circumstances because he neither committed nor was convicted of those offenses before he committed the present capital offense with respect to victims 1 and 2. JASON CONNOLLY/AFP via Getty Images Joseph Gonzales (Gonzales) testified that he was presently incarcerated at the Centennial Corrections Facility, and has been there for approximately three years, serving a sentence for aggravated robbery. White was more interested in discussing prison conditions than the events surrounding the Vosika homicide. Fourth, if the court finds beyond a reasonable doubt that mitigating factors do not outweigh the proven statutory aggravating factors, then the court must decide whether the prosecution has convinced it beyond a reasonable doubt that the defendant should be sentenced to death. But, the measure of all evidence of record bearing on mitigation as determined by reasonable doubt does not, beyond a reasonable doubt, exceed or offset the measure of knowing, gratuitous violence defendant has inflicted upon innocent victims. It was the first execution in Colorado in 30 years and occurred under the 12-member jury system. On November 14, 1990, White filed a motion for payment of a psychiatrist, on the ground that White was an indigent and could not afford to retain a psychiatrist prior to any determination by counsel regarding whether pleas of not guilty by reason of insanity or not guilty by reason of impaired mental condition existed. A few months earlier in the fall of 1987, White had killed Paul Vosika. Serial killer Ronald Lee White terrorized the Pueblo, Colorado, region during the late 1980s, committing brutal crimes and leaving behind a grisly trail of evidence and body parts for cops and others [3], In his letters and conversations with investigators, Browne would repeatedly claim that he murdered approximately 48 or 49 people, the majority of whom were women whom he considered to be of "low moral value" who cheated on their boyfriends and husbands. "[8] We disagree. White informed Officer Gomez that he used plastic trash bags to transport Vosika's body, and that he used the saw to remove Vosika's head and hands. Id. LEGAL STANDARDSWhite contends that the legal standard applied by the district court at the third step in the sentencing process, set forth in section 16-11-103(2)(a)(II), 8A C.R.S. Denver homicides are up this month (5) compared with last (10), and up this year over the same time period last year. 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