WITH ORAL STATEMENTS OF PROSECUTION WITNESSES VIOLATED THE DUE PROCESS, CONFRONTATION, COMPULSORY PROCESS AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES OF THE UNITED STATES AND COLORADO CONSTITUTIONS AND CRIM.P. 16.
30. THE COURT'S UNJUSTIFIABLE REFUSAL TO GRANT A CONTINUANCE IN ORDER FOR DAVID MARTINEZ TO BE AN AVAILABLE WITNESS, OR TO ASSIST MR. RODRIGUEZ IN OBTAINING HIS PRESENCE FOR TRIAL, OR TO ALLOW THE PRESENTATION OF EVIDENCE OF HIS STATEMENTS TO THE POLICE AND OTHERS THROUGH OTHER MEANS, VIOLATED MR. RODRIGUEZ' RIGHT TO CONFRONTATION, RIGHT TO COUNSEL, DUE PROCESS, COMPULSORY PROCESS AND THE CRUEL AND UNUSUAL PUNISHMENT CLAUSES.
31. MR. RODRIGUEZ WAS DENIED HIS RIGHTS TO DUE PROCESS, COMPULSORY PROCESS, CONFRONTATION AND THE PROHIBITION OF CRUEL AND UNUSUAL PUNISHMENT BY THE COURT'S REFUSAL TO ALLOW A CONTINUANCE SO THAT MR. RODRIGUEZ COULD OBTAIN THE PRESENCE AND TESTIMONY OF A CRITICAL, SUBPOENAED WITNESS AT TRIAL.
32. THE NUMEROUS DISCOVERY VIOLATIONS BY THE STATE AND THE TRIAL COURT'S REFUSAL TO IMPOSE ANY SANCTIONS AS A RESULT DENIED MR. RODRIGUEZ DUE PROCESS OF LAW *307 AND A FAIR TRIAL AND HIS RIGHTS TO CONFRONTATION AND THE PROHIBITIONS OF CRUEL AND UNUSUAL PUNISHMENT AS WELL AS HIS RIGHTS UNDER THE RULES AND STATUTES GOVERNING DISCOVERY.
33. THE SUPREME COURT'S REFUSAL TO ALLOW MR. RODRIGUEZ AN ADEQUATE OPPORTUNITY TO PREPARE AND FILE A COMPLETE AND ADEQUATE BRIEF ON APPEAL DENIED MR. RODRIGUEZ DUE PROCESS, EQUAL PROTECTION, HIS RIGHT TO APPEAL, AND HIS RIGHTS UNDER THE CRUEL AND UNUSUAL PUNISHMENT CLAUSES AND COLORADO STATUTES.
34. THE COLORADO SUPREME COURT'S GIVING PREFERENTIAL TREATMENT TO THE PROSECUTION AND ITS SUPPORTERS DURING ORAL ARGUMENTS IN THIS CASE, ARRANGING EXPANDED MEDIA COVERAGE OF THOSE ARGUMENTS CONTRARY TO ITS OWN RULES AND PROCEDURES, WHICH COVERAGE NATURALLY FOCUSSED ON THE PROSECUTION, DENIED MR. RODRIGUEZ DUE PROCESS, A FAIR TRIBUNAL, A FAIR APPEAL AND HIS RIGHTS UNDER THE CRUEL AND UNUSUAL PUNISHMENT CLAUSES.
35. THE COURT'S RULING THAT SEVERAL CLAIMS CONCERNED ONLY "CREDIBILITY OF PROSECUTION WITNESSES" AND THUS THAT THEY WERE NOT "AVAILABLE" WAS ERROR.
36. THE ABSOLUTE IMMUNITY GRANTED BY THE PROTECTION TO PATRICIA THOMAS WAS ILLEGAL. HER TESTIMONY WAS THUS OBTAINED BY ILLEGAL MEANS AND SHOULD NOT HAVE BEEN ALLOWED. THE "LICENSE TO LIE" SUBVERTED THE TRIAL PROCESS AND DENIED MR. RODRIGUEZ HIS MOST FUNDAMENTAL RIGHTS.
37. THE TESTIMONY OF PATRICIA THOMAS WAS THE RESULT OF MANIFEST PROSECUTORIAL MISCONDUCT AND ITS USE AGAINST MR. RODRIGUEZ DENIED HIS DUE PROCESS OF LAW AND HIS RIGHTS UNDER THE CRUEL AND UNUSUAL PUNISHMENT CLAUSES.
38. THE RESTRICTIONS ON DEFENSE COUNSEL'S CROSS-EXAMINATION AND IMPEACHMENT OF PATRICIA THOMAS VIOLATED THE CONFRONTATION, CRUEL AND UNUSUAL PUNISHMENT AND DUE PROCESS CLAUSES OF THE FEDERAL AND COLORADO CONSTITUTIONS.
39. THE GRANTING OF THE STATE'S MOTION IN LIMINE RE: PROPER IMPEACHMENT OF PATRICIA THOMAS DENIED MR. RODRIGUEZ HIS RIGHTS TO CONFRONT, CROSS-EXAMINE AND IMPEACH THE STATE'S EVIDENCE AGAINST HIM, AND HIS RIGHT TO PRESENT MITIGATION EVIDENCE, ALL UNDER THE U.S. AND COLORADO CONSTITUTIONS.
40. THE TRIAL COURT'S REFUSAL TO ALLOW PATRICIA THOMAS TO BE IMPEACHED WITH THE VIDEOTAPE OF HER INCONSISTENT