New appeal filed for man on death row
By Sara Burnett, Rocky Mountain News (Contact)
Published February 21, 2008 at 12:30 a.m.
Dunlap's appeal lists 41 reasons his life should be spared.
The man sentenced to die for killing four people at a Chuck E. Cheese's restaurant in Aurora in 1993 is now asking a federal judge in Denver to spare his life.
In a 755-page motion filed in U.S. District Court in Denver, attorneys for Nathan Dunlap list 41 reasons his death sentence should be thrown out, including that his original defense attorneys were ineffective.
The appeal comes one month after the U.S. Supreme Court refused to hear the case, and after the Colorado Supreme Court upheld the conviction and sentence for the third time.
Dunlap, now 33 and the only person on Colorado's death row, was convicted in 1996 of first-degree murder for the deaths of restaurant employees Sylvia Crowell, 19, Benjamin Grant and Colleen O'Connor, both 17, and manager Margaret Kohlberg, 50.
The jury also found him guilty of burglary, aggravated robbery, attempted first-degree murder, theft and first-degree assault.
Authorities say Dunlap, who had been fired from the restaurant, returned around closing time on Dec. 14, 1993. He took money, which prosecutors say he later showed to his friends, and shot five people. One of them, Bobby Stephens, survived.
Dunlap was arrested within hours.
Other employees told police that Dunlap had threatened the manager who fired him. That manager was not in the restaurant the night of the killings.
Many of the arguments in the document filed earlier this month are the same as in previous appeals. Among them:
* Dunlap's original defense attorneys, Forrest Lewis and Steve Gayle, should have presented evidence that Dunlap falsely confessed to the crime because he was abused as a child, was mentally ill and was susceptible to pressure from police.
* Lewis had a conflict of interest because he represented a key prosecution witness in another case.
* Lewis told jurors that the prosecutor was an old friend, a "good man" and a good father.
* In his closing statement at Dunlap's sentencing hearing, Lewis told jurors he respected their guilty verdict.
He then went on to say: "If you choose to kill my client under the facts of this case, I will respect your decision and you will not hear one word of criticism from me."
"Mr. Dunlap had no advocate at all," Dunlap's current attorneys wrote in the federal court motion.
The Colorado Supreme Court has concluded that the defense tactics were part of a strategy, in which Lewis wanted to earn credibility with jurors. Justices also said there was a degree of risk in presenting Dunlap's mental history.
The case has been assigned to U.S. District Judge Edward Nottingham, who will consider today whether to appoint the federal public defender to represent Dunlap, along with attorneys Philip Cherner and Michael Heher, who filed the appeal.
burnetts@RockyMountainNews.com or 303-954-5343
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February 21, 2008
5:01 a.m.
Suggest removal
flash1 writes:
Just get rid of him, he is not worthy of another day alive.
February 21, 2008
6:14 a.m.
Suggest removal
Mtnsjohn writes:
Are they trying to say they got the wrong man? "Falsely confessed" despite the overwhelming evidence? If freed, maybe he can get OJ to help him look for the real killer.
There are four families who lost loved ones to this self-absorbed low life. What is lacking is sure and swift punishment. Mr Dunlap should have forfeited his life years ago.
February 21, 2008
6:41 a.m.
Suggest removal
CHunter writes:
Strap him in the chair, flip the switch and good riddance
February 21, 2008
6:51 a.m.
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Downey1967 writes:
This guy is still alive? he should have been taken out long before now.
February 21, 2008
7:30 a.m.
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rattlesnake writes:
He was robbing and stealing at 13 years old. Most of that never came out because they were juvenile records. He was a real terror in the neighborhood. Four peoples lives were taken by him 14 years ago, and one survivor has to live with the terror the rest of his life. I think society has given Nathan his justice, now lets complete the cycle for all the victims and their families. Say goodbye Nathan take your punishment.
February 21, 2008
8:23 a.m.
Suggest removal
ANG1 writes:
It's disgusting to see Nathan Dunlap whine about his rights and not having a fair trail, and having a poor childhood. My father was murdered when I was a child and they never found the killer. I grew up w/out my dad and over 20 years later the pain is still as strong as it was the day he died. He never saw me graduate, wasn't at my wedding,never saw my children, I could go on and on. Nathan doesn't even acknowledge the pain and agony he caused these families, and for generations to come. The impact he made on the family, friends, community and the lost opportunities of his victims is mind boggling, and he's upset over his rights - please. I'm tired of my tax dollars being spend on him.
February 21, 2008
9:11 a.m.
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Theoldguy writes:
Why isn't he gone? (rhetorical question)I had forgotten about him. What a pathetic piece of crap.
February 21, 2008
9:33 a.m.
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Patriot writes:
Wouldn't surprise me if they let him off with life in prison, why wouldn't we all want to spend our tax dollars making sure he gets 3 squares a day and a TV to watch! It's our officials that need a few volts thrown through them to wake them up and flip the switch on these bastards.
February 21, 2008
9:40 a.m.
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Chal writes:
Fry him now. Good riddance.
February 21, 2008
10:40 a.m.
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vudumom writes:
I moved here a few years after this horrible tragedy occured.Even if all his appeals are denied.Colorado doesn't have the guts to execute him.So why bother.He's never going to get what he deserves,death.Unless it comes from old age after being taken good care of by the state and our tax money or someone in the prison getting to him.
Colorado is one of the worst states I have ever witnessed or read about when it comes to actually upholding the laws and giving victims the justice due to them.They say Justice is blind.In Colorado it's all warm and fuzzy and stupid.
February 21, 2008
11:43 a.m.
Suggest removal
fortyfive writes:
ok lets figue his worth, at $35000 yr to jail him fron today for 42 yrs if he live to 75 years old, that will equal to $1150000, not including all the monies from the 1st day of his crime spree, the total of his worth will be well over $4 million, so on the other hand, the total to fry this fool will not equal $35000, so i say lets take the cheap way out, beside, he would not never have made $4 million in his life, and take the balance and have a hell-of-a-going-away-party for him, next time he come this way maybe he will be of some use to society, but fry baby fry
February 21, 2008
12:05 p.m.
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Spencer writes:
He is a scumbag but what the hell kind of defense attorney is that Lewis guy?
February 21, 2008
12:26 p.m.
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airbornebigfoot writes:
we need to copy some of the laws of the world.
for instance:
in china, after the death sentence is carried out,
the next of kin is billed for the .25 bullett.
in this case, this little criminal should have been executed years ago. send him to Texas, they have an express lane for death penalties.
February 21, 2008
12:50 p.m.
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BethW writes:
I remember exactly when this happened and I was about ten years old. My sister was a friend of the sister of one of the victims so we went to the memorial. I may have been young but I remeber watching the family and the pain that is horrible excuse for a person caused. He needs to finally give those families the closure they deserve and take the punishment. His 41 reasons are the mark of a coward. It just proves that not even his lawyers believed in sparing him. I hope this judge realizes that what he did is not even up for debate and put him to death.
February 21, 2008
12:55 p.m.
Suggest removal
pwern writes:
Wait until President Obama takes office and grants blanket amnesty to everyone on death row (just like the Governor of his home state of Illinois did, an act which Obama fully supported), making Dunlap's punishment a life sentence. It will only be a matter of time before Dunlap's lawyer gets that reviewed and turned into a parole-level offense. Wouldn't surprise me a bit to see this lowlife back on the street and terrorizing his neighborhood again at some point.
Think before you vote - whether it be for Presidents, Congressman or Judges.
February 21, 2008
4:57 p.m.
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Diff writes:
I generally cannot support the death penalty, but it is cases like this one that make you consider it!
Let him rot in jail for 40 years I say. Don't you think that would be worse?
Putting him to death for the sake of vengance? Committing another murder just to make our self's feel better - if murder is wrong, it is just as wrong to do it as a society or a government!
February 21, 2008
5 p.m.
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Diff writes:
Vudumom - where are from Texas, where they kill you if you are black and happen to steel a loaf of bread to feed your family - if your white tho - different story!
Mmmmm
February 21, 2008
5:07 p.m.
Suggest removal
lhale writes:
This guy does NOT deserve three hots and a cot, nevermind the court costs involved in him trying to appeal his case. He took innocent lives. Now the taxpayers have to SUPPORT him?
February 21, 2008
5:16 p.m.
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viking2boot writes:
Bad defence by lawyers? That's what lawyers are supposed to do so when they loose that can be used to help overturn the verdict. Remember, when lawyers and police use the same building, policemen put locks on their lockers.
February 21, 2008
7:06 p.m.
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forwhatitis writes:
Perhaps someone in prison could take care of this issue for us?
February 22, 2008
7:10 p.m.
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xXM3MN4RCHXx writes:
wow. diff made a completely ignorant and unsubstantiated point. it makes sense that there is no logical argument for why this guys life should be spared. sylvia was my friends sister. nathan can burn in hell.
March 4, 2008
1:18 p.m.
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JoMamma writes:
I lived across the street in Aurora when this happened. I went with my girlfriend and her friend to see Nathan in jail right after (they were friends from school). After the first time we saw him, they didn't think he could have done it. However, after the second time, they were sure he had done it because they started to put together things he had said and things they had done.
He needs to die, plain and simple. It isn't like he is saying he didn't do it.