ARTICLES

The War on Drugs Failed. Don’t Try It Again.

The tragic rise in overdose deaths from fentanyl and other opiates deserves urgent attention from Colorado leaders. Evidence-based harm reduction policies — such as free and widespread access to naloxone, public education regarding the risks of fentanyl, free testing supplies like fentanyl test strips, and supervised use sites — will save lives.

 

Treating a Growing Epidemic with Mass Incarceration

On September 10, 2018, Westword published a feature under the eye-catching headline: This Triple Homicide Hit Close to Home for Connie Jones. After reading what was panning out to be an emotional thrill-ride filled with loss, pain, and unsolved mysteries, the article also introduced the average reader to a story line that many in the criminal justice system find uncomfortably common place.

 

 

The People versus Race

“The prosecutor’s opening statement was flagrantly, glaring, and tremendously improper.” Those are the words the Colorado Court of Appeals used to describe the racially charged language a District Attorney (D.A., prosecution) used to convict Marcus Lee Robinson of attempted sexual assault and unlawful sexual conduct.

 

 

Sixth Amendment Right to Counsel-Protecting Defendant Autonomy

When a defendant is faced with criminal charges and he’s battling the judge, the District Attorney, and what feels like the entire criminal justice system. The one person he should expect to be on his side, is his attorney. Unfortunately for Robert McCoy, he not only failed to convince a jury of his innocence at trial, he wasn’t able to convince his own attorney.

 

 

Racial Bias and the Criminal Justice System

“The prosecutor’s opening statement was flagrantly, glaring, and tremendously improper.” Those are the words the Colorado Court of Appeals used to describe the racially charged language a District Attorney (D.A., prosecution) used to convict Marcus Lee Robinson of attempted sexual assault and unlawful sexual conduct. Flagrant, glaring, and tremendously improper.

 

 

Kyree Howard-Walker: A Case of Mistaken Identity Part I

I’ve been there before. We were sitting at the Defense table during trial, and the parties had just concluded voir dire, also known as jury selection. The court was preparing to swear in our newly formed jury of my client’s peers. Juror badges were being passed out. My co-counsel was getting ready to deliver opening statements, when suddenly I looked into the eyes of each juror and saw what I believed would be the downfall of our case.

 

 

Kyree Howard-Walker:  A Case of Mistaken Identity Part II

In part one of this series, we discussed Kyree’s battle with the court system over the right to a fair and impartial trial by a jury of his peers. Kyree challenged the court on allowing the District Attorney (D.A.) to dismiss every minority on the jury panel for reasons Kyree felt were merely pretext.

 

 

How the Criminal Justice System is Failing Women

Over the last four decades, there has been a rapid increase of incarcerated women in the United States. Since 1970, the number of incarcerated women skyrocketed from 8,000 to almost 110,000 by 2016.

 

 

How the Colorado Criminal Justice System Fails Addicts

On September 10, 2018, Westword published a feature under the eye-catching headline: This Triple Homicide Hit Close to Home for Connie Jones. After reading what was panning out to be an emotional thrill-ride filled with loss, pain, and unsolved mysteries, the article also introduced the average reader to a storyline that many in the criminal justice system find uncomfortably common place.

 

 

Discriminatory Jury Selection: Part One – Batson Challenges

For a defendant who has never experienced a jury trial and is unfamiliar with the judicial process, a trial is nerve racking. There is the fear of being found guilty, the consequences of being guilty, the desire to have a fair trial, and the pressure surrounding the decision to remain silent or testify.

 

 

Constitution's 6th Amendment Right to Counsel

Mr. McCoy pleaded not guilty to three counts of first-degree murder and maintained his innocence, even after the jury found him guilty of all counts. Despite Mr. McCoy’s plea of innocence and testimony at trial denying any criminal activity, his own attorney conceded to the jury that it was his client, Robert McCoy, who committed the murders.