This Document is very long, even though it is only a portion of the entire brief.

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The following is the majority of the Appellant Brief submitted by Colorado State Public Defenders, Carol L. Gerstl and Norman L. Mueller, appealing to the Colorado Supreme Court in response to the December 1976 trial of Ken Botham.  Those parts left out include lengthy legal discussion of capitol punishment.



This brief endeavors to expose the inconsistencies of the trial in order to explain why the defense/defendant felt the trial was in error.  The first trial included many legal error and violations of Ken Botham's legal rights.  Each violation would suffice, if founded, to entitle Ken Botham a new trial or acquittal.  A second trial was awarded.



The following sections are bookmarks in the appellant brief.  These selections were included in the brief to summarize the events, evidence, and actions that occurred in order to document the errors and violations during the trial process.  Again, please be patient if you use slower connection speeds.




1.  The statement of the Issues

2.  The Statement of the Case

3.  The Statement of the Facts


a.  The day of the disappearance

b.  The discovery of the bodies

c.  The cause of death

d.  The time of death

  4.  The Investigation

a.  Between the disappearance and the discovery of the bodies

b.  Between the discovery of the bodies and Ken Botham's arrest

c.  The arrest

d.  The post-arrest evidence

  5.  The Penalty Hearing



More excerpts from the Arguments section of the Appellant Brief.

  1.  What the jurors knew, preconceived ideas before entering the trial.
2.  Appendix A - mitigating factors, aggravating factors


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