Criminal Defense News

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 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?
	Res Ipsa Loquitur - Literally, "a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.