WAS ERROR.
83. THE TRIAL COURT USED AN INCORRECT LEGAL STANDARD IN ITS DECISIONS TO EXCLUDE JURORS BECAUSE OF THEIR SCRUPLES AGAINST THE DEATH PENALTY. THE DEATH SENTENCE MUST THUS BE VACATED.
84. THE TRIAL COURT'S USE OF AN IMPROPER STANDARD FOR EXCUSING SCRUPLED PROSPECTIVE JURORS VIOLATED MR. RODRIGUEZ' RIGHTS TO A FAIR AND IMPARTIAL JURY, DUE PROCESS OF LAW AND THE PROHIBITIONS OF CRUEL AND UNUSUAL PUNISHMENT.
85. THE TRIAL COURT ERRED BY REFUSING TO PRECLUDE THE PROSECUTION FROM ARGUING OR PRESENTING EVIDENCE ON THEORIES INCONSISTENT WITH FACTS OR THEORIES ARGUED WITH RESPECT TO THE CO-DEFENDANTS.
86. THE EXCLUSION OF RELEVANT AND EXCULPATORY EVIDENCE OF DAVID MARTINEZ' PHYSICAL CONDITION AFTER HIS ARREST VIOLATED THE DUE PROCESS, COMPULSORY PROCESS, CONFRONTATION AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES.
87. THE DUE PROCESS, CRUEL AND UNUSUAL PUNISHMENT AND EQUAL PROTECTION CLAUSES OF THE FEDERAL AND COLORADO CONSTITUTIONS, AND THE DEATH STATUTE, WERE VIOLATED *313 BY THE TRIAL COURT'S REFUSAL TO PUT A BURDEN OF PROOF ON THE PROSECUTION TO PROVE THAT MITIGATING FACTORS DID NOT EXIST.
88. THE TRIAL COURT'S ALLOWING DR. OGURA TO TESTIFY AS TO PHOTOGRAPHS NOT OFFERED OR ADMITTED INTO EVIDENCE WAS ERROR. MR. RODRIGUEZ WAS THUS DENIED DUE PROCESS OF LAW AND HIS RIGHT TO A FAIR AND IMPARTIAL JURY AND HIS RIGHTS UNDER THE CRUEL AND UNUSUAL PUNISHMENT CLAUSES, ALL UNDER BOTH THE FEDERAL AND COLORADO CONSTITUTIONS.
89. MR. RODRIGUEZ WAS NOT ADEQUATELY ADVISED OF AND DID NOT MAKE ADEQUATE WAIVERS OF HIS CONSTITUTIONAL RIGHT TO TESTIFY AT ANY OF THE THREE PARTS OF THE TRIAL IN THIS CASE.
90. THE ADMISSION OF THE CUMULATIVE, INFLAMMATORY PHOTOGRAPHS OF THE VICTIM AND THE SCENE WHERE THE CAR WAS LOCATED VIOLATED THE DUE PROCESS AND TRIAL BY JURY CLAUSES AND THE RULES OF EVIDENCE. THE SHOWING OF THOSE PHOTOS TO THE JURY BEFORE THEY WERE ADMITTED INTO EVIDENCE WAS ALSO ERROR.
91. THE COURT'S PERMITTING OF THE STATE'S EXAMINATION OF MARGIE MARQUEZ AS TO THE "STYLE" OF LETTERS FROM MR. RODRIGUEZ, AFTER SUSTAINING THE STATE'S OBJECTION TO THE SAME INQUIRY BY DEFENSE COUNSEL, IS INDICATIVE OF THE COURT'S BIAS AND WAS ONE-SIDED AND UNFAIR. MR. RODRIGUEZ WAS DENIED HIS RIGHTS TO DUE PROCESS OF LAW AND COMPULSORY PROCESS AND TO PRESENT EVIDENCE IN MITIGATION.
92. THE STATE'S CROSS-EXAMINATION OF [DENVER COUNTY JAIL CHAPLAIN], AN IMPORTANT MITIGATION WITNESS, CONCERNING HIS TESTIMONY IN THE TRIAL OF MR. RODRIGUEZ' BROTHER, CHRIS, THE LAWYER WHO REPRESENTED CHRIS, AND THE PHYSICAL CONDITIONS OF THE DENVER COUNTY JAIL, WAS IMPROPER, ALLOWED THE INTRODUCTION OF PREJUDICIAL AND IRRELEVANT MATTERS, AND WAS UNFAIR BECAUSE THE COURT HAD SUPPRESSED EVIDENCE OF THE ACTUAL CONDITIONS IN PRISON OFFERED BY MR. RODRIGUEZ.
93. THE TRIAL COURT'S RULING THAT THE STATEMENTS OF MR. RODRIGUEZ WERE VOLUNTARY WAS ERRONEOUS AND ALSO DENIED MR. RODRIGUEZ HIS RIGHT TO TESTIFY IN HIS OWN DEFENSE AND AT THE PENALTY PHASE.
94. THE COURT'S REFUSAL TO REQUIRE DAVID MARTINEZ TO CO-OPERATE WITH DEFENSE COUNSEL'S INVESTIGATION UNDER PENALTY OF CONTEMPT DENIED MR. RODRIGUEZ DUE PROCESS OF LAW AND