AURORA | The judge who oversaw the Aurora theater shooting trial is now overseeing the post-conviction proceeding of an Aurora man appealing his death sentence.
State court officials announced Wednesday, April 13, that Judge Carlos A. Samour, Jr., was now overseeing the post-conviction phase of Sir Mario Owens’ conviction. Owens was sentenced to death in 2008 for killing a murder witness and the witness’ fiancee in 2005.
Judge Gerald Rafferty, who oversaw the trials that led to death sentences for Owens and his co-defendant, Robert Ray, had been overseeing the post-conviction phase of Owens’ case on a contract basis after retiring in January.
But a statement Wednesday from the State Court Administrator’s Office said Rafferty had practiced law during that time with the firm Collins & Coldwell, LLC., which violated his contract in the Owens case.
After the contract was terminated, Samour — the chief judge in the 18th Judicial District — assigned himself to the case.
“As Judge Rafferty did not finalize an order in People v. Owens, Judge Samour will schedule a status conference with the parties to determine the appropriate next steps in the post-conviction proceedings,” the statement said.
Samour took over the theater shooting case in 2013 after former chief Judge William Sylvester, who had handled the first nine months of hearings in the case, stepped aside due to an already-full schedule as chief judge.
Samour oversaw the lengthy case through trial and the sentencing phase last year, which ended when jurors couldn’t agree on the death penalty and James Holmes was sentenced to life in prison without the possibility of parole.