Woman goes To Jail For Not Testifying In Colo. Death Penalty Case

CENTENNIAL, CO -- From The Colorado Independent By Susan Greene

A prominent criminal defense investigator in Colorado is in jail for refusing to testify in a capital case she says is in conflict with her religious beliefs.

Greta Lindecrantz, 67 and a devout Mennonite, had been subpoenaed by 18th Judicial District Attorney George Brauchler’s office to testify in the appeal of her former client, Robert Ray, one of three men on Colorado’s death row. Ray and his co-defendant Sir Mario Owens were convicted and sentenced to death for the 2005 killings of Javad Marshall-Fields and fiancée Vivian Wolfe in Aurora. Ray’s appeal pivots partly on claims that he had inadequate legal representation at his 2009 trial.

Prosecutors hope that testimony from Lindecrantz – a highly respected, veteran investigator who has worked on several death penalty cases and in defense of detainees at Guantanamo Bay – will help them prove that Ray had competent legal defense and prevent his conviction from being overturned.

Lindecrantz faced both a subpoena by prosecutors and an explicit order by Arapahoe District Judge Michelle Amico that she testify about her work for Ray or risk being found in contempt of court and sent to jail for up to six months.

“This is now me telling you directly … and I’m ordering you to answer the questions,” the judge told her Monday afternoon. “I don’t want to do this, Ms. Lindecrantz. All I want to hear is the truth.”
“I’d have no problem saying the truth if death wasn’t on the line,” Lindecrantz, in tears, responded from the witness stand. “I don’t believe in killing fellow human beings or participating in that.”

Then came a slow, painful back and forth between Brauchler’s Chief Deputy Ann Tomsic and Lindecrantz, who no longer works on Ray’s defense team but is resolute in her conviction that testifying on behalf of prosecutors could lead to what she considers “state-sanctioned murder.”

Tomsic asked Lindecrantz more than 70 questions about her work for Ray. And, more than 70 times, Lindecrantz wouldn’t respond.

“I cannot answer your question,” she’d say, her voice at once sad and shaky, yet firm.

“I can’t answer your question,” she’d repeat with the next question.

“I can’t answer your question,” she’d repeat again.

READ MORE At The Colorado Independent

Image: Greta Lindecrantz and supporters via Colorado Independent