Petitioning Representative Diana DeGette and 13 othersThis petition will be delivered to:RepresentativeDiana DeGetteRepresentativeEd PerlmutterRepresentativeDoug LambornRepresentativeCory GardnerSenatorMark UdallRepresentativeMike CoffmanSenatorMichael BennetRepresentativeJared PolisRepresentativeScott TiptonColorado State HouseColorado State SenateColorado GovernorColorado Attorney GeneralJohn W SuthersGovernor, ColoradoJohn HickenlooperReverse the order entered by Adams County District Court denying the Ineffective Assistance of Counsel Claim regarding Gabriel Acosta, and remand his case for new trial. Free Gabriel Acosta536SupportersOn September 14, 2005, 22 year old Gabriel Alexander Acosta was convicted of first-degree murder, a crime he did not commit, after blatant failures on the part of his public defender, who would ultimately withdraw from his case three days before trial citing an undisclosed conflict of interest. Following the abandonment of his attorney, the only eye witness in Gabriel’s case would be released from jail where she was being held due to her numerous failures to appear, and Patricia Medina would disappear. Patricia Medina would not appear at Gabriel’s trial and Gabriel would be denied his right to confront his accuser. When Ms Medina was located just hours after the jury returned a verdict, she would recant her testimony. The motion filed by Gabriel’s new counsel requesting a mistrial based on Patricia Medina’s admission in open court that she lied about Gabriel’s involvement in the murder, was denied by the district court. The violations of Gabriel Acosta’s constitutional rights throughout the life of this case have been many, and heinous, beginning with the denial of his integral right to be innocent until proven guilty. I am writing this letter to convey my serious concern regarding the wrongful conviction of Gabriel Acosta. On September 14, 2005, Gabriel was convicted of first-degree murder, based on the testimony of a 19 year old methamphetamine smoker, who would change her story repeatedly, ultimately admitting in open court that she had lied about Gabriel Acosta’s involvement in the murder of Kimberly Dotson. The only evidence found at the crime scene implicating Gabriel was circumstantial, finger prints on trash bags that had contained his clothing. DNA testing on samples taken from the scene of the crime would exclude Gabriel, even as DNA from two unknown males was identified, as well as, DNA from a third identified party. Law enforcement would never investigate alternative suspects in this case, although there were several with compelling links to this murder, beginning with DNA. Instead, the lead detective investigating this murder would take the path of least resistance and convenience, concluding that Gabriel Acosta was his man, based on the claims of a methamphetamine smoker who traded her story for immunity. Although, Gabriel was never questioned by law enforcement, and never afforded the opportunity to testify on his own behalf, he has consistently maintained his innocence since his arrest in 2004, his story has never waivered. This is a case of miscarriage of justice, and failure on the part of the law and the criminal justice system; beginning with the failure on the part of Gabriel’s public defender, his conviction based on false testimony that would ultimately be recanted in open court, and the denial by the district court of the motion for mistrial even as it was obvious the jury had been misled. Based on the lack of evidence in this case, I ask you to grant Gabriel Acosta a new trial or release. Thank you for your careful consideration.   Sincerely