A jury on Wednesday convicted Chuck Garrison of second-degree 'heat of passion' murder in the death of his wife, Sharon, in a case foreshadowed by his tape-recorded threats and the couple's history of domestic disputes. 'We had pursued this case as a case of first-degree murder,' said a disappointed District Attorney Mike Goodbee.....

...The case, which drew so much publicity it had to be moved from Summit County, hinged on a debate over the prosecution's assertion it was a planned murder versus the defense claim that Chuck Garrison killed his wife in self-defense after she went into a fit of rage fueled by avarice.

....Goodbee was particularly hard on himself, saying he used faulty strategy and allowed the defense to portray the killing as fallout from ongoing marital disputes rather than a calculated attack....

Mark Hurlbert gave the closing argument in the case:

In closing arguments, prosecutors said that Garrison's history of threats - including some surreptitiously recorded by his wife - suggested the killing was intentional.'We have to show that he did this with deliberation, that he was not hasty and impulsive. And when you tell Sharon, 'You're going to be dead and I'm going to be living in a penitentiary,' we show that,' said Assistant District Attorney Mark Hurlbert, using Garrison's own words from months earlier.

But Garrison's defense attorney, Mark Johnson, contended he fought in self-defense after she provoked a fight over money and that he attempted to cover up the death out of fear of going to prison. The six-man, six-woman jury was given four choices of crimes to consider: first-degree murder, second-degree 'heat of passion' murder, manslaughter and criminally negligent homicide.

Had Goodbee and Hurlbert been successful in their murder one charge, Garrison would have received a mandatory sentence of life without parole. Because the conviction was only for murder two, the sentencing range was 10 to 32 years, and ultimately, Garrison was sentenced to 30. Big difference.

Number Two: (again, regarding Kobe, from today's Washington Post)

If the case goes ahead here in Eagle -- a likely prospect, because changes of venue are rarely granted in Colorado -- Hurlbert will have the advantage of being a hometown hero in a sparsely populated region where people tend to know each other.

Changes of venue may not be granted frequently in Colorado, but they have been granted recently in at least three high profile trials. One is the Garrison murder case that Hurlbert co-tried, referred to above.

From the 9/14/01 Denver Post ( lexis.com):

The trial of Chuck Garrison, accused of killing his wife and burying her in the yard of their upscale mountain home, was ordered moved to Eagle County on Thursday in an effort to find an unbiased jury for the headline-grabbing case.

From the 8/24/01 Rocky Mountain News (lexis.com):

"The publicity would allow potential jurors to have a substantial presumption of guilt," said District Court Judge Terry Ruckriegle in granting a change of venue.

Another recent case in which venue changes were granted involved a Colorado University student who was allegedly gang-raped in Boulder by six men of Asian descent. One trial was moved to Pueblo. One was moved to Grand Junction.

From the Associated Press, 7/11/01 (available on Lexis.com):

A man described as the ringleader in a gang rape of a woman in Boulder faces life in prison after being convicted on two counts of first-degree sexual assault.... Sonny Lee, 24, was also convicted Friday of second-degree kidnapping and accessory to kidnapping and sexual assault after a Mesa County jury deliberated for 8 1/2 hours in a nine-day trial....Lee was found innocent of one count of first-degree sexual assault, possession of a deadly weapon and conspiracy.

Five men were arrested in the attack on the University of Colorado student, who was pulled into a van as she walked in Boulder on Aug. 29, 1999. A sixth suspect committed suicide as police prepared to arrest him....Lee's trial was moved to Grand Junction after officials were unable to choose a jury in Boulder County because of the publicity....Three suspects in the attack pleaded guilty. Co-defendant Johnny Lee, 18, will be tried in Pueblo Aug. 15.

From an earlier, 3/9/01 article in the Rocky Mountain News, also available on Lexis.com

Sonny Lee may have to be tried in Grand Junction on gang-rape charges, a judge said Thursday. Judge Carol Glowinsky told attorneys that she doesn't have a site for Lee's trial because neither Pueblo nor Colorado Springs said they can spare both a courtroom and a judge for a three-week trial.

Glowinsky ordered the trial moved because officials believe that news accounts of Lee's case have spoiled the jury pool in Boulder County....The last suspect, 18-year-old Johnny Lee, also will be tried this year and should have his trial moved out of Boulder, too, Glowinsky said.

A third recent case in which a venue change was granted was that involving former Georgetown mayor and ex-stripper Koleen Brooks, who was charged with faking a knife attack on herself while facing a recall election:

From the 5/25/02 Rocky Mountain News ( lexis.com)

Brooks, a 37-year-old former stripper, appeared briefly Friday afternoon in Clear Creek County District Court, where District Court Judge W. Terry Ruckriegle granted a defense motion seeking a change of venue.

From the 4/30/02 Guardian (lexis.com):

....one night, while she was walking home from a bar, Brooks says, she was attacked with a knife by a man in his 50s. She showed the police scratches and bruises on her neck, arms, head and legs. It seemed what began as petty rivalry had turned into dangerous rage - until the Colorado Bureau of Investigations was brought in, and they charged Brooks with evidence-tampering and false reporting. She was scheduled to be tried on April 19, but because of the notoriety of the case, her lawyer requested and was granted a change of venue.

One point to note: Both the Garrison and Brooks changes of venue were granted by Judge Terry Ruckriegle, who is chief Judge of the 5th Judicial District, which also includes Eagle County, the county in which Kobe Bryant's case is pending. Also, Judge Ruckriegle was one of two judges who issued the "decorum order" with media coverage restrictions last week. Clearly, this is a judge sensitive to the prejudicial effect of media saturation on a defendant's right to a fair trial.

We don't know if Kobe's defense team will want a change of venue. But if they do, judging from his past cases, we think Judge Ruckriegle will consider the request very seriously.