Documents turned over in Blagg murder case
Lawyers: Convicted killer didn’t get fair trial because juror was blind
Representatives from an eye care clinic and Mesa State College, two agencies under subpoena, handed over documents Tuesday to the Mesa County District Court about a woman on the jury that convicted Michael Blagg of murder.
Colorado public defenders for Blagg contend their client did not get a fair trial because that juror failed to disclose she was legally blind.
Blagg, 45, was convicted in 2004 and is serving a life sentence in prison without the possibility of parole for shooting and killing his wife, Jennifer.
A motion requesting a retrial because of the juror’s lack of sight was stalled while Blagg’s attorneys challenged their client’s conviction through the Colorado Court of Appeals. In January, the appeals court upheld Blagg’s conviction, which allowed defense attorneys to try again to get another chance at a new trial.
Tuesday’s hearing was called to gather records that were under subpoena. A representative from the Department of Revenue, which oversees the Department of Motor Vehicles, was subpoenaed to release records. No representative from that office appeared in court. The department will be subpoenaed again for the documents.
Mesa County Chief District Judge David Bottger may rule on the motion for a retrial during the next hearing on March 16.
Assistant District Attorney Rich Tuttle said the juror objected to the college releasing her personnel records.
Blagg, who did not appear for Tuesday’s hearing, is excused from appearing in court in March.