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Author Topic: Dylan Redwine, 13yrs old, last seen 11/19/12, Vallecito, CO Remains found #3  (Read 269983 times)
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texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #660 on: July 22, 2019, 08:17:35 PM »

https://www.facebook.com/photo.php?fbid=10154166043333064&set=a.465654678063.271153.698508063&type=3&theater

an angelic monkey an angelic monkey



Justice for Dylan!

  
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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #661 on: July 26, 2019, 08:14:01 AM »


Where's his mugshot, Durango Herald?!!!  
He's already out of jail.  They'd better not start asking for more delays, if they do this was planned IMO!!!  

https://durangoherald.com/articles/286656-redwine-defense-lawyer-arrested-in-connection-with-assault

Redwine defense lawyer arrested in connection with assault
  
John Moran accused of domestic violence
By Shane Benjamin Deputy editor

Monday, July 22, 2019 5:05 PM Updated 15 minutes ago

A Colorado public defense lawyer assigned to the murder case against Mark Redwine was arrested Sunday on suspicion of misdemeanor assault and domestic violence.

John Moran, 42, of Durango, appeared Monday in La Plata County Combined Courts wearing an orange jail-issued jumpsuit.



Sr. Judge Raymond Satter issued Moran a personal recognizance bond, meaning he would be released Monday afternoon or Monday evening without paying any money. A protection order has been ordered preventing Moran from contacting the alleged victim.

According to an arrest affidavit, the incident occurred about 8:30 p.m. Sunday when Moran began arguing with his former girlfriend, who was sitting in a chair on the back porch of a house in the east 500 block of Fifth Street.

Moran became angry and pushed the woman’s chair, knocking it off the porch, according to the arrest affidavit. The woman fell to the ground, causing a knot and a bruise to her arm. The woman also said she might have a concussion from the impact to her head.

While on the ground, the woman saw people walking near the street and screamed for help, according to the affidavit. In response, Moran sprayed the woman with a water hose to “make her stop screaming,” the affidavit says. The woman then gathered her things and left the house.

In explaining the story to police, the woman said Moran “has a history of abusing her, and that she was afraid of him, especially when he was drunk.” They had been in a relationship for about 1½ years, “and she recently ended it because of the continued abuse,” according to the affidavit.

Police went to the house about 9:05 p.m. where they found Moran intoxicated, according to the report. He was arrested and booked into the La Plata County Jail.

As a public defense lawyer, Moran represents dozens of criminal defendants who cannot afford their own attorney, including Redwine, who is charged with second-degree murder and child abuse resulting in death in connection with the 2012 death of his 13-year-old son, Dylan.

Justin Bogan, who heads the Durango public defender’s office, is also assigned to Redwine’s defense team. Efforts to reach Bogan for comment were unsuccessful Monday.

Redwine’s trial is scheduled to start Sept. 18 in La Plata County.

Moran, who has no criminal history, was represented Monday by Durango defense lawyer Ingrid Alt, who declined to comment outside the courthouse. The Office of the Colorado State Public Defender’s Office declined to comment.

The 6th Judicial District Attorney’s Office and La Plata County Judge Dondi Osborne have recused themselves from the case for conflicts of interest. The 7th Judicial District Attorney’s Office is serving as a special prosecutor.

shane@durangoherald.com

smh, here we go...more delays.  

https://durangoherald.com/articles/287149-redwine-trial-date-called-into-question-after-defense-attorneys-arrest

Redwine trial date called into question after defense attorney’s arrest
  
Public defender says he and co-counsel may have a conflict of interest
By Bret Hauff City government & crime reporter

Thursday, July 25, 2019 6:11 PM Updated 8 hours 30 minutes ago
 
Mark Redwine’s trial may be delayed or moved in coming weeks after the arrest of one of his public defenders on suspicion of assault and domestic violence.

Public defender Justin Bogan said Thursday that he and his co-counsel, John Moran, may be incapable of affording their client impartial legal counsel, an announcement that comes less than two months before Redwine’s scheduled murder trial.

The Durango Police Department arrested Moran on Sunday on suspicion of misdemeanor assault and domestic violence.

Sixth Judicial District Court Judge Jeffery Wilson acknowledged this week that Redwine’s scheduled Sept. 17 trial may need to be moved out of La Plata County.

Wilson said he’s concerned publicity about Redwine’s case, Moran’s recent arrest and the time commitment required of jurors for a four-week trial may render the court unable to find a fair and impartial jury able to serve for a month. Moran did not appear Thursday in Wilson’s courtroom.

“We’ve had high-profile cases in the past, but not like this one,” Wilson said to Redwine during Thursday’s hourlong status conference.

Conflict of interest

Moran, 42, was arrested on suspicion of pushing his former girlfriend’s chair off a porch, causing her to fall to the ground, injure her arm and possibly hit her head, according to an arrest affidavit. He then sprayed her with a water hose to “make her stop screaming,” the report says.

Moran was allowed to post a personal recognizance bond, meaning he was released from La Plata County Jail on his word that he will appear for his scheduled court dates.

Bogan said his “mandate is to protect Mr. Redwine’s rights,” including his constitutional right to assistance of counsel and fair treatment through the judicial process. But in light of Moran’s arrest, he expressed concern about his and Moran’s ability to uphold Redwine’s constitutional rights for a fair trial.

The two have worked together for years in Durango’s public defender’s office, including almost two years investigating the Redwine case. The close working relationship in light of Moran’s arrest may raise a conflict of interest for Bogan by association, he said. It may also cast a negative light over Redwine’s case.

Wilson said he wants to hear from Moran himself before making a decision about any conflict of interest.

Other arguments
Wilson did not order Moran or Bogan off Redwine’s case, suggesting he needs time to review arguments before making a decision. But beyond the defense’s argument, Wilson said he’s concerned about Moran’s ability to work on Redwine’s case given his personal situation.

Furthermore, defense attorneys would have to ask potential jurors about Moran’s case, which could cast a negative light on the defense and make it more difficult to find an impartial jury, Bogan said.

“I do have grave concerns about going forward with this trial on Sept. 17 in this district,” he said.

Wilson ordered Bogan to file a written motion to accompany his oral argument by Tuesday. The court gave prosecutors seven days to file a written response to the defense’s arguments and five days after that for defense counsel to reply.

It could be Aug. 13 before the judge has all the arguments to make decisions, just five weeks before the scheduled trial date.

“Time is of the essence and this situation is pressing,” Bogan said.

Trial in September
In the second half of the status conference Thursday, Wilson addressed prosecutors, who appeared by telephone, Bogan and Redwine as if the trial will start Sept. 17.

The judge plans to call four jury pools – which will be about 1,200 jury summons – in hopes of finding 50 people who are able and willing to serve on a jury for a four-week trial. Those jurors would be subject to questioning by defense and prosecuting attorneys until a 14-person jury can be selected, which includes two alternates.

Wilson said he hopes prosecutors and defense attorneys can agree on a jury within a week. If it’s clear to the judge that a jury cannot be selected by week’s end, he may revisit a defense argument to move Redwine’s trial out of Southwest Colorado.

Any defendant may ask the court to move a criminal trial to another judicial district for a number of reasons, all of which must show a reasonable likelihood that someone can’t get a fair trial.

Law enforcement arrested Redwine in 2017 in connection with the death of his 13-year-old son, Dylan. Prosecutors charged Redwine with second-degree murder and child abuse resulting in death in 2017. He’s being held in La Plata County Jail on a $750,000 bail and must come up with about $112,500 to secure pretrial release.

The 57-year-old faces 16 to 48 years in prison if convicted on either count.

Moran (mugshot?) Thanks DH!   

« Last Edit: July 26, 2019, 08:21:10 AM by texasmom » Logged

I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #662 on: August 13, 2019, 07:30:19 PM »

 

https://durangoherald.com/articles/289391-its-official-mark-redwines-september-trial-is-canceled

It’s official: Mark Redwine’s September trial is postponed
 
Judge says defense attorney’s recent arrest complicates case
By Jonathan Romeo County & environment reporter
Monday, Aug. 12, 2019 11:43 AM Updated 20 hours 20 minutes ago

Mark Redwine’s trial, which was set to begin in September, will be postponed.

Redwine, who is accused of killing his 13-year-old son, Dylan, in 2012, was scheduled to go to trial Sept. 17. The 57-year-old Bayfield man was arrested in 2017 and charged with second-degree murder and child abuse. If convicted, he faces 16 to 48 years in prison.

But the trial was complicated last month after one of Redwine’s two public defenders, John Moran, was arrested on suspicion of misdemeanor assault and domestic violence.

Sixth Judicial District Judge Jeffery Wilson ruled last week that Moran is no longer able to defend Redwine and a new defense attorney must be assigned to the case. A new trial date will be set Tuesday.

Wilson, in his ruling, said Moran has still not filed an official motion to withdraw from the case.

However, Moran’s actions since his arrest have indicated he will not be able to provide efficient counsel, Wilson said.

Since Moran’s arrest, he has not appeared at two hearings regarding the Redwine case. Also, it appears Moran is on extended leave until at least October, Wilson said.

“Mr. Moran’s apparent unilateral decision to take leave and not be available to defend (Redwine) at this upcoming trial clearly demonstrates Mr. Moran has placed his personal needs ahead of (Redwine’s) right to have competent prepared counsel,” Wilson wrote.

“While the court is making no findings as to whether Mr. Moran’s decisions are justified because of his personal situation, (Redwine) has a constitutional right to an attorney who is willing and able to provide an effective and vigorous defense regardless of the personal problems (Moran) may be experiencing,” Wilson continued.

“By his actions, Mr. Moran has demonstrated that he is either unwilling or unable to do so.”


At a court hearing Aug. 5, Redwine’s other defense attorney, Justin Bogan, said it could take a new attorney six to nine months to get caught up on the case and be ready for trial. Redwine had waived his right to a speedy trial.

District Attorney Christian Champagne, however, objected to delaying the trial, arguing Dylan’s family, the community, as well as Redwine himself, deserve justice and a resolution to the case.

Wilson, in his ruling, denied Champagne’s request.

Wilson said Bogan must identify Moran’s replacement “as soon as possible.”

jromeo@durangoherald.com
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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #663 on: August 13, 2019, 07:32:57 PM »

https://durangoherald.com/articles/289594-judge-sets-trial-date-appoints-new-defense-lawyer-in-redwine-case

Judge sets trial date, appoints new defense lawyer in Redwine case
 
Delay intended ensure effective counsel
By Bret Hauff City government & crime reporter
Tuesday, Aug. 13, 2019 5:06 PM

Mark Redwine is scheduled to stand trial next spring in a murder case linking the Vallecito man to the death of his 13-year-old son, Dylan, almost seven years ago.

Chief District Court Judge Jeffery Wilson postponed Redwine’s trial scheduled to begin Sept. 17 after public defender John Moran was arrested on suspicion of assault and domestic violence. The judge, in the order, also allowed Moran to withdraw from the case.

Moran represented Redwine for almost two years. He hasn’t appeared in Redwine’s defense since his arrest and hasn’t filed a motion with the court seeking permission for his withdrawal, according to court documents.

District Attorney Christian Champagne and public defender Justin Bogan agreed to schedule Redwine’s trial on April 2, 2020, for jury selection with opening statements being made April 6.

Fort Collins public defender Eric Vanatta will join Redwine’s defense team. Vanatta appeared by phone Tuesday for a status conference. The eight-month delay is intended to give Vanatta time to familiarize himself with Redwine’s case and afford the defendant his right to effective assistance at trial.

“Mr. Moran’s apparent unilateral decision to take leave and not be available to defend (Redwine) at this upcoming trial clearly demonstrates Mr. Moran has placed his personal needs ahead of (Redwine’s) right to have competent prepared counsel,” Wilson wrote.

“While the court is making no findings as to whether Mr. Moran’s decisions are justified because of his personal situation, (Redwine) has a constitutional right to an attorney who is willing and able to provide an effective and vigorous defense regardless of the personal problems (Moran) may be experiencing,” Wilson continued.

“By his actions, Mr. Moran has demonstrated that he is either unwilling or unable to do so.”

Champagne said his office had hoped to schedule Redwine’s trial to begin sometime between Thanksgiving and Christmas, but the April date is the next best option.

Wilson said he’d schedule “some sort of non-appearance hearing” in two months to ensure attorneys are on track to start trial in April.

Redwine, a 57-year-old Bayfield man, was arrested in 2017 and charged with second-degree murder and child abuse. If convicted, he faces 16 to 48 years in prison.

bhauff@durangoherald.com
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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
MuffyBee
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« Reply #664 on: August 24, 2019, 05:09:28 PM »

Thank you for the update texasmom.  Dylan, his family, his friends deserve to see justice.  A young teen was murdered and it seems the forces that be can't even get Mark Redwine to trial?     What a mess. Praying justice will prevail for Dylan.  I fear Mark could possibly get off on:

https://www.legalmatch.com/law-library/article/ineffective-assistance-of-counsel.html

What is Ineffective Assistance of Counsel?
Ineffective assistance of counsel is when an attorney's services to a defendant in a criminal case fall so far short of what a reasonably competent attorney would do that it violates the Sixth Amendment of the Constitution. In other words, the counsel for the defendant was so ineffective that the counsel could hardly be considered an attorney, thus negating the “right to an attorney” as promised by the Constitution.

The Supreme Court defined ineffective assistance of counsel in the landmark case Strickland v. Washington (1984). The Court held that an attorney's assistance is ineffective if it "so undermined the functioning of the adversary process that the trial cannot be relied upon as having produced a just result."


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  " Everyone is entitled to his own opinion, but not his own facts."  - Daniel Moynihan
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