News
Judge denies appeal in Sir Mario Owens death penalty case
DENVER – An Arapahoe County District Court judge has denied the appeal of Sir Mario Owens, who is one of three people on Colorado’s death row, despite finding that prosecutors withheld some evidence in his case.
Owens has been appealing his death penalty sentence and conviction for years, and the ruling by Judge Christopher Munch does not end his state or federal appeals.
He’s been convicted of killing three people in two separate incidents. He shot Gregory Vann to death in 2004, then killed two witnesses in that case in 2005: Vivian Wolfe and her fiancé, Javad Marshall-Fields, whose mother, Rhonda Fields, is the state senator from Aurora.
Owens’ attorneys had argued some of his attorneys misrepresented him. They had also unsuccessfully argued that Owens deserved a new trial because of an allegedly-tainted jury.
Munch found that in addition to Owens’ attorneys’ arguments, prosecutors also failed to show that they’d paid witnesses in the case or gotten favorable prosecution in their own cases, but denied to agree with Owens’ attorneys that extra evidence could have poked holes in the witnesses’ credibility had a new trial been granted.
“The court has considered the prejudice resulting from trial counsel’s errors, together with the prosecution’s and direct appeal counsel’s errors, as well as the alleged juror misconduct, and concludes the errors, when considered cumulatively, are insufficient to warrant a new trial,” Judge Munch wrote.
“Owens is ‘entitled to a fair trial, but not a perfect trial,’ … A fair trial whose result is reliable. … Owens received a fair trial, and its result is reliable,” he wrote.
Missing Georgia girl Mayci Olschewske found safe in Idaho Springs, Colorado
DENVER – The Georgia girl who had been missing for more than two weeks was found safe in Idaho Springs, Colorado just west of Denver Thursday, authorities in Georgia said.
Mayci Olschewske, 16, was found after being pulled over by Idaho Springs police Thursday.
A person in Idaho Springs called 911 to report they had seen the girl’s vehicle, and police were able to conduct a traffic stop and identify Olschewske as the driver, police in Canton, Georgia said.
“Mayci is safe and the family has been notified,” the police department said.
Olschewske was believed to be in Colorado, but hadn’t been spotted since leaving her home in Georgia on the morning of Aug. 31.
She was driving her white 2002 Hyundai Santa Fe with a dent in its front-passenger side, which the Idaho Springs resident recognized Thursday.
“We would like to thank all agencies involved and the public for their assistance in finding Ms. Olschewske,” Canton police said.
Denver7 has reached out to the Clear Creek County Sheriff’s Office, which is handling the investigation, for more information and will update this story when it is received.
Colorado Gov. John Hickenlooper denies pardon for undocumented immigrant Ingrid LaTorre
DENVER – Colorado Gov. John Hickenlooper on Thursday denied a request for a pardon from an undocumented immigrant from Peru who faces possible deportation following a conviction, saying the woman’s crime was not victimless, but also took the opportunity to plead for a congressional fix to immigration reform issues.
Ingrid Ecalada LaTorre, 33, a mother to two U.S. citizens, had asked Hickenlooper to grant her clemency before her stay of removal expires Friday.
Cory Gardner backs bipartisan legislation to increase medical marijuana research
DENVER – U.S. Sen. Cory Gardner is cosponsoring a bipartisan bill aimed at increasing the possibility of more federal research into the medical benefits of marijuana.
Sen. Orrin Hatch, R-Utah, and Sen. Brian Schatz, D-Hawaii, introduced the Marijuana Effective Drug Study (MEDS) Act of 2017 on Wednesday, with a pun-laden press release and speech on the Senate floor coming from the Utah Republican.
It’s high time we address research into medical marijuana. Hatch spoke about the need for research into possible benefits. #utpol pic.twitter.com/s030tn34wv
— Senator Hatch Office (@senorrinhatch) September 13, 2017
Hatch said it was “high time” to address medical marijuana research, saying the various state medical marijuana programs haven’t led to the federal government “delving into the weeds” on research. (The remainder of his brief press release made references to “strains,” “blunt,” “roll out the MEDS Act,” “joint effort” and a “kumbaya moment for both parties.”)
Gardner joined Sens. Chris Coons, D-Del., Thom Tillis, R-N.C. in cosponsoring the bill.
“Our medical community continues to find new ways medical marijuana can help patients but currently there are too many barriers that are holding back even further advancements and research,” Gardner said in a statement. “This legislation is simple. It will make it easier for our universities, hospitals, and scientists to look at new ways that medical marijuana can be used for treatment.”
According to the senators, the legislation, if approved, would streamline the marijuana research registration process in order to foster more research on the potential medical benefits of marijuana.
It wouldn’t ask the Drug Enforcement Administration to reschedule marijuana, which currently holds the DEA’s highest classification for drugs—Schedule I—along with opiates, cocaine, hallucinogens and others.
The legislation aims to increase research as to whether the FDA might be able to approve drugs with THC—marijuana’s primary psychoactive ingredient. It also would require the U.S. attorney general to increase the national marijuana quota to increase research capabilities.
The National Institute on Drug Abuse would be required to develop and publish recommendations for growing research marijuana as well, among other aims of the bill.
Twenty-nine states and the District of Columbia have legalized medical marijuana use, and Colorado was among the leaders when voters approved the program in 2000.
Gardner has warmed to medical marijuana in recent years. Earlier this summer, he and another bipartisan group of senators introduced legislation to help legal marijuana businesses bank in the U.S.
And on several occasions over the past couple years, Gardner cosponsored legislation aimed at letting epileptic patients gain better access to CBD treatments.
The MEDS Act is one of several marijuana-related bills making its way through Congress.
Denver, CDOT proposed agreement could provide Central 70 homeowners with renovations, improvements
DENVER – A couple hundred homeowners living within a block of what will soon be the massive Central 70 construction project could be getting help from Denver and the state Department of Transportation to renovate their homes and stave off poor air quality that might come with years of nearby construction.
Denver is offering up more than $1.3 million to supplement the home improvements in Elyria-Swansea, which 268 property owners could see. The money comes in addition to $2.3 million from CDOT meant for the renovations.
The 268 properties all sit within one block of the I-70 viaduct that stretches from Brighton Boulevard to Colorado Boulevard—the stretch of I-70 that will see the most construction once the project gets underway next year.
No money will exchange hands, according to the city and CDOT, though the agreement still has yet to be finalized. A city council committee advanced contracts that could finalize the proposal on Wednesday.
CDOT had already promised to offer to the homeowners new windows, air conditioners, insulation and power credits, but the extra money Denver might add to the pool would put city assessors at the properties to see if the homes need extra doors, heating/cooling systems, or HVAC air filtration systems.
Homeowners would be eligible for improvements worth up to $10,000 each, but the improvements must be aimed at improving the homes, noise mitigation or energy efficiency.
CDOT says it will be going door-to-door in coming days and sending out information fliers to the homeowners. It said that the assessments will start soon, and that the goal is to finish all the improvements and repairs before construction gets underway next spring.
The assessments will be conducted by Energy Outreach Colorado, according to CDOT.
“We want to make this as easy as we can on homeowners. We know it will be an intrusion to be in their homes,” said CDOT’s Rebecca White.
Alex Locker will be among the homeowners eligible for the improvements, and says they are welcome.
“The air quality is a concern,” she told Denver7. “New windows would be great. A/C—I don’t really have A/C in here.”
She also said that she’ll only believe the improvements are happening once they get underway.
“I don’t even know if it’s going to happen, but if it did, it would be awesome for them to compensate people that live around here,” Locker said.
Kiewit Meridiam Partners was awarded the contract for the Central 70 project last month, but a handful of lawsuits still pending in federal court might end up pushing construction back—though CDOT says it expects the schedule to continue as planned despite the suits.
Democratic candidate for Colorado governor Cary Kennedy unveils public option health plan
DENVER – Cary Kennedy, one of a handful of Democrats vying for the nomination for Colorado’s governorship in 2018, on Tuesday unveiled a plan to bring a public option health care plan to Colorado in the vein of what Sen. Bernie Sanders, D-Vt., has floated for years.
Under her proposal, all Coloradans would be able to pay into the state’s Medicaid program, Health First Colorado, or the state employee health plan.
The ex-state treasurer said that once her plan theoretically goes into effect upon her victory, it would encourage market competition and reduce costs for Coloradans. Continue reading
Education Secretary Betsy DeVos to tour Denver autism school, Air Force Academy on Wednesday
DENVER – U.S. Education Secretary Betsy DeVos will make stops in Denver and Colorado Springs Wednesday as part of her tour to “rethink” education.
DeVos will visit the Firefly Autism House in Denver Wednesday morning for a tour of the school and a roundtable talk with its administrators and teachers.
She’ll then head down to the U.S. Air Force Academy for a tour before going to Omaha, Nebraska for a visit to a university.
Firefly says it plans to show DeVos and her team the wide array of treatment and education programs offered for students with autism, some of which work to someday have the students placed in a public school environment.
“I welcome Secretary DeVos and thank her for requesting to tour Firefly and learn about the amazing work happening here that is changing the lives of children and families living with autism,” said Firefly Executive Director Jess Ogas. “We welcome anyone who has interest in learning about autism and how we work to support education for children on the autism spectrum.”
DeVos visited a school in Casper Wyoming Tuesday to kick off her tour of Wyoming, Colorado, Nebraska and Kansas to promote her “Rethink School” tour.
DeVos was most recently in Colorado when she gave a speech mid-July at the American Legislative Exchange Council conference in Denver.
She pushed for more school-choice and voucher programs during the speech, but both her appearance and speech were met with protests from educators from across Colorado.
DeVos criticized Denver Public Schools in March during a speech at the Brookings Institute in Washington, which ranked the DPS school choice system as tops in the nation for the second straight year this year.
But DeVos implied at the time that DPS was pushing a false agenda when it comes to school choice. She said Denver does not provide parents a voucher program, which the state Supreme Court has twice ruled was unconstitutional.
“Choice without accessibility doesn’t matter, just as accessibility without choices doesn’t matter. Neither scenario ultimately benefits students,” she said.
She also faced criticism from the DPS superintendent, and several of Colorado’s Democratic members of Congress for those comments.
Sens. Michael Bennet and Cory Gardner split their votes to confirm DeVos in early February after weeks of protests against her confirmation. Vice President Mike Pence had to break a tie in the Senate to confirm her as the new education secretary.
Authorities say missing Georgia girl Mayci Olschewske believed to be in Denver area
DENVER – A Georgia detective told Denver7 Tuesday that a 16-year-old girl missing for two weeks out of Georgia is believed to be in the Denver area.
The detective with the Canton Police Department said he couldn’t elaborate on why authorities believe Mayci Olschewske, 16, is in the Denver area, however.
The teenager was last seen leaving her home in Canton, Georgia on the morning of Aug. 31, but she hasn’t been seen since.
She has run away from home before, but Georgia authorities have been very active in trying to locate her over the past two weeks.
When she left home, Olschewske was driving her white 2002 Hyundai Santa Fe with Georgia “Support Wildlife” license plate WPQ909. The vehicle had a dent in its front passenger side, a rainbow-colored steering wheel cover, and two stickers on the back: one that says “Neck Deep” and another that says “Teach Peace.”
Family members have said it was possible she was headed to Oregon, but Georgia authorities said Tuesday they believed she was in the Denver area recently.
Anyone who sees her is asked to call 911 immediately, as she and her car have both been entered into national missing person databases.
You can also call the Canton Police Department at 770-720-4883 or email tom.priest@cantonga.gov with tips.
Body found in Denver elevator was 82-year-old man with dementia reported missing on July 5
DENVER – The person discovered dead in an elevator at a Denver apartment complex earlier this week was an 82-year-old man with early-onset dementia who had last been seen on July 5 close to where his body was eventually found.
The Denver Office of the Medical Examiner on Thursday identified the man as Isaak Komisarchik, 82, but said his cause and manner of death were still undetermined pending investigation. Continue reading
Coffman: Russia may be interfering with stalled recovery efforts for Littleton officer Steven Beare
DENVER – U.S. Rep. Mike Coffman said Wednesday that he believes that friction between the U.S. and Russia is delaying the recovery efforts in finding Littleton Police Officer Steven Beare, who went missing on a remote mountain in Russia three months ago.
Beare still hasn’t been found after weeks of searches earlier this summer and is presumed dead. Continue reading