STATEMENTS DENIED MR. RODRIGUEZ HIS RIGHTS TO CONFRONTATION, COMPULSORY PROCESS, DUE PROCESS AND A FAIR TRIAL, AND DEMONSTRATED A DOUBLE STANDARD BY THE COURT ON SUCH MATTERS.
41. THE COURT'S RULING THAT SEVERAL CLAIMS CONCERNED ONLY "INADEQUATE FOUNDATION FOR EXHIBITS" AND THUS THAT THEY WERE NOT "AVAILABLE" WAS ERROR.
42. THE ADMISSION OF THE "PROBABILITY" AND "RELIABILITY" *308 EVIDENCE CONCERNING THE HAIRS AND FIBERS WAS IMPROPER. THAT EVIDENCE WAS MANIFESTLY UNRELIABLE AND OUTSIDE THE SCOPE OF THE WITNESS' AREA OF KNOWLEDGE. THERE WAS NOT A SUFFICIENT FOUNDATION FOR THE RELIABILITY OF THAT EVIDENCE, AND IT WAS IN FACT COMPLETELY UNRELIABLE. ITS ADMISSION DENIED MR. RODRIGUEZ DUE PROCESS OF LAW AND HIS RIGHT TO A FAIR TRIAL BY IMPARTIAL JURY, AND HIS RIGHTS UNDER THE CRUEL AND UNUSUAL PUNISHMENT CLAUSES, UNDER THE FEDERAL AND COLORADO CONSTITUTIONS.
43. THE ADMISSION OF THE STATE'S IRRELEVANT, BASELESS EVIDENCE CONCERNING HOW DAVID MARTINEZ COULD HAVE OBTAINED THE TWO CUTS ON HIS HANDS VIOLATED THE RULES OF EVIDENCE REQUIRING A FOUNDATION, PERSONAL KNOWLEDGE, AND RELEVANCE FOR EVIDENCE, AND CRE 403 AND DENIED MR. RODRIGUEZ DUE PROCESS OF LAW.
44. OFFICER BROWN'S TESTIMONY CONCERNING THE "LIKELIHOOD" OF WHETHER THERE WAS SEMINAL FLUID ON MR. RODRIGUEZ' UNDERSHORTS WAS IMPROPERLY ADMITTED. IT WAS IRRELEVANT AND LACKED ANY FOUNDATION OR RELIABILITY. ITS ADMISSION ALSO DENIED MR. RODRIGUEZ DUE PROCESS OF LAW AND HIS RIGHT TO A FAIR TRIAL BY IMPARTIAL JURY.
45. THE ADMISSION OF EXHIBITS G-13, G-14, AND G-15 WAS ERROR. THERE WAS NO ADEQUATE FOUNDATION FOR THE EXHIBITS AND THEY WERE IRRELEVANT AND MISLEADING.
46. MR. RODRIGUEZ WAS DENIED HIS RIGHTS TO MAKE MOTIONS, OBJECTIONS AND RECORDS ON THE TRIAL PROCEEDINGS, AND THE DISTRICT COURT'S DENIAL OF A HEARING ON THESE MATTERS AND ITS FINDINGS ON THE ISSUES ARE ERRONEOUS.
47. THE COURT'S REFUSAL TO COMPLY WITH BATSON AND FIELDS WHEN MR. RODRIGUEZ MADE AN OBJECTION TO THE STATE'S EXCUSAL OF BLACK JURORS VIOLATED THE DUE PROCESS, EQUAL PROTECTION, TRIAL BY JURY AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES, AS DID THE STATE'S USE OF ITS PEREMPTORY CHALLENGES IN THAT FASHION.
48. THE UNREASONABLE RESTRICTIONS PLACED ON DEFENSE COUNSEL'S VOIR DIRE REGARDING THE DEATH PENALTY, AND THE ORDER THAT HE COULD NOT OBJECT TO THE COURT'S CONDUCTING OF VOIR DIRE, DENIED MR. RODRIGUEZ HIS RIGHTS UNDER RULE 24, HIS RIGHTS TO A FAIR TRIAL BY IMPARTIAL JURY, TO APPEAL, TO DUE PROCESS OF LAW, TO COUNSEL, TO BE ABLE TO INTELLIGENTLY EXERCISE HIS PEREMPTORY AND CAUSE CHALLENGES, AND RIGHTS UNDER THE CRUEL AND UNUSUAL PUNISHMENT CLAUSES.
49. THE DEATH QUALIFICATION OF THE JURY DENIED MR. RODRIGUEZ A FAIR TRIAL BY IMPARTIAL JURY, A JURY DRAWN FROM A FAIR CROSS-SECTION OF THE COMMUNITY, AND DUE PROCESS OF LAW, AND HIS RIGHTS UNDER CRUEL AND UNUSUAL PUNISHMENT CLAUSES AND THE STATUTES AND RULES GOVERNING JURY SELECTION IN COLORADO.
50. THE TRIAL COURT'S REFUSAL TO ALLOW TWO JURIES, ONE *309 DEATH-QUALIFIED AND ONE NOT DEATH-QUALIFIED, DENIED MR. RODRIGUEZ AN OPPORTUNITY TO MAKE A RECORD IN THE MATTERS RELATING TO THE EFFECTS OF