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August 24, 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?    
 
 
Manslaughter is when a person recklessly causes the death of another
Manslaughter - A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter.

 


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Criminal Defense Terms

 


Today's Terms

Allegation

Definition:
The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

Misdemeanor

Definition:
A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C.

Circumstantial evidence

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

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