The order to vacate guilty plea in Colorado v. Montour is at Scribd.
"Edward Montour to get new trial in killing of corrections officer," is the Denver Post report written by Karen Augé.
A judge on Tuesday allowed convicted murderer Edward Montour to withdraw his guilty plea in the 2002 killing of a corrections officer, meaning the 11-year-old case must start over from square one.
Montour pleaded guilty in 2003 to killing corrections officer Eric Autobee, and a judge imposed the death penalty. The Colorado Supreme Court later overturned the sentence, saying only a jury can hand down a death sentence.
Since then, the case has taken twists and turns through various courts as attorneys argue over a number of legal issues.
Now, it returns to where it began, in a Douglas County courtroom where Montour will have a second chance to enter a plea, and where District Attorney George Brauchler says he will seek a second death sentence for Montour.
That means Brauchler's office will be pursuing two death penalty cases simultaneously. He announced last week that he will seek a death sentence for James Holmes, who is accused in last summer's attack at an Aurora movie theater.
And:
In Tuesday's ruling, Judge Richard Caschette noted that when Montour initially entered his guilty plea, ". . . he was not represented by counsel and he had a documented history of mental illness. . ." In addition, several public defenders offered statements that Montour refused to cooperate in providing a defense because, at the time, he wanted to die.
The AP report is, "Judge overturns guilty plea in 2002 slaying of prison worker; DA is seeking death penalty," is by P. Solomon Banda, via the Republic.
An inmate accused in the 2002 slaying of a prison worker will be placed on trial and prosecutors will seek the death penalty after a judge Tuesday allowed the suspect to withdraw his guilty plea.Edward Montour Jr., already serving a life sentence in the 1997 death of his 11-month-old daughter, is accused of killing Eric Autobee, 23, by striking him in the head with a heavy kitchen ladle. At Limon Correctional Facility. Montour represented himself in the case and in January 2003, barely three months after the slaying, pleaded guilty to first-degree murder.
He told his advisory attorneys that he wanted to die by execution, according to court documents.
The case has lingered in court for more than 10 years following a judge's imposition of the death penalty which was later thrown out by the Colorado Supreme Court. The court ruled in 2007 that only a jury, not a judge, can hand down death sentences.
And:
Autobee's family opposes the death penalty but Brauchler said he's taking prison workers' safety into consideration.
Autobee's father, a retired prison employee, turned against capital punishment and spoke up for repeal of Colorado's death penalty in the current legislative session. More on Bob Autobee's comments are at the link.
Earlier coverage of the Montour case begins at the link. Also available coverage of the Colorado repeal legislation, the case of Nathan Dunlap, and the James Holmes case.
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