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February 26, 2010
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Criminal Defense News

 

COURT  UPHOLDS GANG LEADER'S MURDER CONVICTION

Attorney General Ken Salazar announced that the Colorado Court of Appeals on September 2 affirmed the first degree murder, attempted first degree murder, and first degree assault convictions of Orlando Domena 

The Colorado Attorney General's office is responsible for defending criminal obtained by district attorneys at the trial level appealed to the Colorado Court of Appeals and Supreme Court and to the U.S. Supreme Court.

Domena was convicted in 1996 by a Denver jury of the murder of Charles Baker and the wounding of Mikecail Edlow. Domena was an "OG" or "Original Gangster" in a north Denver "set" of the Crips gang. The term "OG" in gang parlance denotes a gang leader. Domena was subsequently sentenced to life in prison for Baker's murder and 20 additional years for his attempt to kill Edlow.

At the trial evidence was presented that Baker and Edlow were members of the rival Bloods gang. On the day of the shootings, they had accompanied a woman friend on her way to buy cocaine and ended up outside Domena's home. Once they realized they were in Crips territory, they got out of the woman's car and started jogging away. Domena saw Baker and Edlow and became enraged. He grabbed a pistol, jumped in his car, and drove off to find Baker and Edlow. He found them a couple of blocks away and shot them from behind. Baker died instantly, and Edlow was wounded.

Domena appealed the conviction, claiming that the trial court should have admitted the testimony of a secret alibi witness. The Court of Appeals rejected the appeal, concluding the trial court properly excluded the evidence, finding that Domena failed to comply with the rules of procedure which require that defendants give proper notice of their alibi witnesses. These rules are designed to allow the prosecution an opportunity to investigate such witnesses to determine whether they are telling the truth.

Attorney General Salazar praised the work of Denver District Attorney Bill Ritter's office in obtaining the conviction, and of his Assistant Attorney General Paul Koehler for Koehler's successful defense of the conviction before the Court of Appeals.

 

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Did You Know?    
 
 
Plea Bargaining - a process whereby the prosecutor and defense attorney negotiate
Process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case.

 


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News about Criminal cases in Cleveland and nationwide:

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WASHINGTON, D.C. – Williams Power Company Inc. (WPC), a Delaware corporation, has entered into an agreement with the government resolving an ongoin...
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COURT UPHOLDS GANG LEADER'S MURDER CONVICTION
The Colorado Attorney General's office is responsible for defending criminal obtained by district attorneys at the trial level appealed to the Colo...
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The CRP began in 1999 as a 3-year, well-funded cross-government commitment to using research-based initiatives to reduce crime in the United Kingdo...
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Criminal Defense Terms

 


Today's Terms

Restitution

Definition:
Court-ordered payment to restore goods or money to the victim of a crime by the offender.

Circumstantial evidence

Definition:
All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.

Fourteenth Amendment

Definition:
Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.

More Criminal Defense Terms >

 

Criminal Defense Resources

 


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Criminal Defense Hot Topics

 
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