Lawyers for death row inmate Owens say appeal process unfair

AURORA | Lawyers for condemned killer Sir Mario Owens have filed a lawsuit in federal court challenging a state law aimed at speeding up death penalty appeals.

In a suit filed July 30 in United States District Court in Denver, Owens’ lawyers argue that the state’s “unitary review system” puts Owens’ two sets of lawyers — those appealing his sentence, and those appealing his murder conviction — at odds.

If one set of lawyers discloses information in their appeal, it could be used by the state to harm Owens’ other appeal, the lawyers argue.

The state’s unitary review system requires that both appeals happen simultaneously, a move lawmakers in the late 1990s hoped would make the state’s notoriously-slow death penalty appeals process move faster.

But Owens’ lawyers said the law violates Owens’ Sixth Amendment right to effective counsel because his two sets of lawyers often have to advise him to make conflicting decisions.

“They must each simultaneously urge Mr. Owens to take a position on conflicted issues which is opposite to his interests in the other proceeding,” the suit said.

The lawyers also said the law is unfair because requires only those inmates on death row to make decisions between appealing their conviction and their sentence.

“Under Colorado law, no criminal defendant but one under a sentence of death is compelled to make such an election,” the suit said.

The suit asks a federal judge to find the system unconstitutional.

The suit names as defendants the Arapahoe County District Attorney’s Office, which prosecutes Owens, as well as Colorado Attorney General’s Office, which is prosecuting his appeal.

Lawyers for the district attorney and the Attorney General have filed court documents listing them as lawyers in the case, but neither has filed a response to the suit.

Messages left with spokeswomen for each office were not immediately returned this week.

Owens was convicted of killing a murder witness and the witness’ fiancee in 2005. The witness, Javad Marshall-Fields, was scheduled to testify against Owens’ friend and drug-dealing partner, Robert Ray, in a 2004 shooting that left Gregory Vann dead at Lowry Park.

At the time of the witness slaying, Owens wasn’t a suspect in the Lowry Park case, but police later said he also killed Vann.

In addition to his death sentence in the witness slaying, Owens is serving life in prison for killing Vann.

Ray is also on death row for Marshall-Fields’ death. Prosecutors say he masterminded the slayings and also shot and wounded a man in the Lowry Park shootings.