State of Colorado v. Alexander Pogosyan

Aurora, Colorado first-degree murder criminal defense lawyers represented the Defendant.

On September 7, 1998, shootings occurred at two homes in Aurora. The crimes resulted in five deaths: Zach Obert and Ed Morales, both eighteen-years-old, were shot and killed in a residence on South Paris Way at roughly 1:00 p.m. (the "Paris Shooting"); and Marissa Avolos, age sixteen; Greg Medla, age eighteen; and Penny Bowman-Medla, age thirty-six, were shot and killed in a home on East Harvard Avenue around 2:00 p.m. (the "Harvard Shooting"). Eyewitnesses placed two armed individuals at both shootings, and two additional companions outside the site of the Paris Shooting. The parties do not dispute that one of the armed shooters was Michael Martinez, who was shot and killed on the evening of September 7 by an unknown individual. Evidence introduced at trial indicated Martinez was motivated by his perception that at least one of the victims had "snitched" on him in relation to his involvement in a recent drive-by shooting.



The parties also do not dispute that the four individuals present outside the Paris Shooting were Martinez and his fellow teenage friends: Pogosyan, Martirosyan, and Roman. Evidence offered by the state demonstrates Martirosyan drove the group to the Paris Shooting location at Martinez's behest in the early afternoon on September 7. Upon arrival around 1:00 p.m., Martinez retrieved two shotguns he had previously stowed in the trunk of Martirosyan's vehicle. He gave one to Pogosyan and the pair entered the home on Paris Way. They fired several shots, killing Obert and Morales, before returning to the car and exiting the scene with Martirosyan and

Roman. Martirosyan then dropped Martinez and Pogosyan off at the Martinez family home. Evidence further demonstrates that shortly thereafter, around 2:00 p.m., Martinez and Pogosyan entered a nearby residence on East Harvard Avenue with the same shotguns. Again, they fired several shots, killing Avolos, Medla, and Bowman-Medla, before fleeing the scene on foot.



The state charged Pogosyan with five counts of first-degree murder after deliberation, five counts of first-degree felony murder, two counts of conspiracy, two counts of first-degree burglary, and one count of being an accessory. The defense claimed Roman was the second shooter, but he was neither called as a witness in his brother's case, nor was he ever charged with a crime. Four days after the shootings, on September 11, police recorded an interview with Martirosyan. In his description of events surrounding the first shooting, Martirosyan identified Pogosyan as the second shooter. Martirosyan's whereabouts at the time of trial, however, were unknown and he was not available to testify. In turn, the state trial court admitted the recorded interview as a statement against penal interest under Colo. R. Evid. 804(b)(3). See infra § III.a.ii. Pogosyan unsuccessfully objected to the introduction of the interview evidence as infringing on his Confrontation Clause rights under the Sixth Amendment.

After a lengthy trial, he was convicted of five counts of felony murder; five counts of second-degree murder; two counts of second-degree burglary; and one count of accessory to a crime. He is currently serving five consecutive life sentences with the possibility of parole. Following unsuccessful appeals in the state court system, Pogosyan filed this petition for writ of habeas corpus.



Petition denied.



Affirmed.