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People v. Harlan3/27/2000
Appeal from the District Court, Adams County Honorable Philip F. Roan, Judge
EN BANC
JUSTICE MARTINEZ delivered the Opinion of the Court.
JUSTICE BENDER does not participate.
A jury found defendant Robert Harlan guilty of the kidnap, rape, attempted first degree murder and first degree murder of Rhonda Maloney, and the attempted murder of Jaquie Creazzo. Following a sentencing hearing, the jury sentenced the defendant to death. In addition, the trial court imposed three forty-eight-year consecutive sentences on the attempted murder and kidnapping verdicts. The defendant appeals under section 16-11-103(6), 6 C.R.S. (1999), raising pretrial, guilt phase, and sentencing phase claims of error. We conclude that none of these claims merits reversal of the death sentence.
I. FACTS AND PROCEDURAL HISTORY
On February 12, 1994, at approximately 2:00 a.m., Rhonda Maloney (Maloney) finished her shift at Harrah's Casino in Central City. She took a shuttle bus to her car, which was in the Golden bus station parking lot, arriving there between 3:00 and 3:30 a.m. At approximately 5:45 a.m., Jaquie Creazzo (Creazzo) was driving eastbound on I-76. Taking the ramp onto northbound I-25, Creazzo saw two cars parked on the side of the highway; she slowed down to see if there was a problem or if there had been an accident. Maloney got out of the passenger side of one of the cars and drew Creazzo's attention to her. Creazzo stopped her car slightly past Maloney, and, as Creazzo was backing up, Maloney jumped into the car.
Maloney and Creazzo drove northbound on I-25. Robert Harlan (Harlan) began to pursue them in one of the cars that had been parked by the road. Maloney told Creazzo that she needed help to escape from a man with a gun who was going to kill her and that he had raped her for two hours.
As Harlan pursued Creazzo and Maloney, his car drew up alongside Creazzo's and Harlan fired several shots into the car. Several bullets hit Creazzo in the knee, spine, and face. Creazzo lost control of her car, which swerved across the median and stopped on the front lawn of the Thornton Police Department. Harlan parked his car and approached Creazzo and Maloney. Harlan pulled Maloney and her belongings from the car, warning Creazzo not to tell anyone what had happened and threatening to kill her if she did. Harlan then dragged Maloney to his car and drove away.
On February 15, 1994, police arrested Harlan in connection with Creazzo's shooting and Maloney's abduction. Maloney's body was found on February 19, 1994; an autopsy revealed that she suffered several skull and facial fractures, wounds consistent with sexual assault, and other severe injuries. The autopsy also established that Maloney died from a gunshot wound to the head. Harlan eventually was charged with one count of first degree murder after deliberation, in violation of section 18-3-102(1)(a), 6 C.R.S. (1999); one count of felony murder, in violation of section 18-3-102(1)(b), 6 C.R.S. (1999); two counts of attempted first degree murder after deliberation, in violation of section 18-2-101(1), 6 C.R.S. (1999) and section 18-3-102(1)(a); two counts of second degree kidnapping, in violation of section 18-3-302, 6 C.R.S. (1999); and one count of assault, in violation of section 18-3-202, 6 C.R.S. (1999). The prosecution also alleged that Harlan was eligible for mandatory sentencing for violent crimes pursuant to section 16-11-309, 8A C.R.S. (1986 & 1994 Supp.).
On June 20, 1995, a jury found Harlan guilty of all charges. The jury also determined that the defendant had used a deadly weapon during the attempted murders and that he had robbed and
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