HIS RIGHTS TO COMPULSORY PROCESS AND CONFRONTATION AND THE PROHIBITIONS OF CRUEL AND UNUSUAL PUNISHMENT.
95. THE TRIAL COURT'S REFUSAL TO ALLOW THE JAIL PSYCHIATRIST TO TESTIFY CONCERNING THE PSYCHOTROPIC DRUGS MR. RODRIGUEZ WAS TAKING DURING TRIAL, WHICH AFFECTED HIS DEMEANOR, WITHOUT A TOTAL WAIVER OF THE DOCTOR-PATIENT PRIVILEGE, AND WITHOUT ALLOWING THE STATE TO INQUIRE INTO THOSE *314 PRIVILEGED MATTERS, VIOLATED THE DUE PROCESS AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES OF THE FEDERAL AND COLORADO CONSTITUTIONS AND THE DEATH STATUTE.
96. THE TRIAL COURT'S REFUSAL TO ALLOW MR. RODRIGUEZ TO CALL THE PROSECUTOR AS A WITNESS AFTER THE STATE INTENTIONALLY CREATED A FALSE AND EXTREMELY PREJUDICIAL IMPRESSION OF COLLUSION AND MISCONDUCT BY DEFENSE COUNSEL THROUGH ITS QUESTIONING OF MARGIE MARQUEZ, DENIED MR. RODRIGUEZ HIS CONSTITUTIONAL RIGHTS.
97. MR. RODRIGUEZ' STATEMENTS AND LETTERS TO MARGIE MARQUEZ WERE INVOLUNTARY AND WERE OBTAINED IN VIOLATION OF MR. RODRIGUEZ' RIGHTS TO DUE PROCESS, COUNSEL AND THE PRIVILEGE AGAINST SELF INCRIMINATION, ALL UNDER BOTH THE FEDERAL AND COLORADO CONSTITUTIONS AND SHOULD HAVE BEEN SUPPRESSED.
98. THE COURT'S ACTIONS RESULTING IN MR. RODRIGUEZ NOT BEING REPRESENTED BY COUNSEL AT THE FIRST DAY OF TRIAL DENIED MR. RODRIGUEZ DUE PROCESS OF LAW, A FAIR TRIAL BY IMPARTIAL JURY, AND HIS RIGHTS TO COUNSEL, EQUAL PROTECTION OF THE LAWS, AND THE PROHIBITIONS OF CRUEL AND UNUSUAL PUNISHMENT.
99. THE COURT'S "ORDER RE: TRIAL SCHEDULE" AND "AMENDED ORDER" VIOLATED MR. RODRIGUEZ' FUNDAMENTAL RIGHTS IN ALL OF THE RESPECTS NOTED IN THE OBJECTIONS TO ORDER REGARDING TRIAL SCHEDULE AND AMENDED ORDER, AND IN ADDITION THOSE ORDERS DENIED MR. RODRIGUEZ ALL OF THE RIGHTS NOTED HEREIN. THE COURT'S REFUSAL TO ALLOW A HEARING ON THOSE CLAIMS ALSO VIOLATED THE FUNDAMENTAL RIGHTS NOTED HEREIN.
100. THE ORDER PROHIBITING [DENVER COUNTY JAIL CHAPLAIN] FROM WEARING HIS ECCLESIASTICAL COLLAR IF HE SAT WITH THE FAMILY OF MR. RODRIGUEZ DURING TRIAL WAS AN OUTRAGEOUS EXHIBITION OF THE TRIAL COURT'S FAVORITISM TOWARD THE PROSECUTION AND BIAS AGAINST THE ACCUSED. THIS FAVORITISM AND BIAS WAS DEMONSTRATED THROUGHOUT THE TRIAL BY THE COURT'S DISPARATE TREATMENT OF THE FAMILY OF MR. RODRIGUEZ AND THE SUPPORTERS OF THE PROSECUTION.
101. THE TRIAL COURT'S REFUSAL TO SENTENCE MR. RODRIGUEZ ON THE HABITUAL CRIMINAL COUNTS BEFORE THE PENALTY PHASE WAS PREJUDICIAL ERROR. THIS DENIAL OF THE RIGHT TO PRESENT EVIDENCE IN MITIGATION VIOLATED THE DUE PROCESS AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES AND THE DEATH STATUTE.
102. THE TRIAL COURT'S REFUSAL TO COMPLY WITH THE SUPREME COURT'S ORDER REGARDING THE FIRST DAY OF TRIAL, AFTER THE COURT CONFESSED THE SHOW CAUSE ORDER ARISING FROM THE ORIGINAL PROCEEDING, VIOLATED THE DUE PROCESS, TRIAL BY JURY AND RIGHT TO COUNSEL CLAUSES, AS WELL AS THE ORDER OF THE SUPREME COURT.
103. THE TRIAL COURT ERRED BY IMPOSING AN UNREALISTIC AND UNDULY HARSH TRIAL *315 SCHEDULE. THE TRIAL COURT'S MANNER OF PROCEEDING DURING JURY SELECTION, FORCING DEFENSE COUNSEL TO WORK 12 TO 14 HOURS DAILY IN COURT, WITH NO OPPORTUNITY FOR EVEN A DECENT MEAL, INTERFERED WITH AND DESTROYED DEFENSE COUNSEL'S ABILITY TO BE