New appeal for inmate on Colo. deathrow
Feb 21,2008 00:00 by UPI

DENVER - The only person under sentence of death in Colorado has filed a new appeal with a federal judge.

Nathan Dunlap, 33, was convicted in 1996 of shooting five employees at a Chuck E. Cheese's in Aurora, killing four of them. Dunlap had been fired from the restaurant and returned to rob it.

In their appeal, Dunlap's current lawyers argue that one of the lawyers who handled his trial had a conflict of interest because he had represented a prosecution witness in another case, The Rocky Mountain News reported. They also said the lawyer, Forrest Lewis, made complimentary remarks about the prosecutor to the jury and told jurors he would respect their decision if they imposed the death penalty.

Both lawyers erred in not presenting evidence that Lewis might have made a false confession because of his history of abuse and mental illness, the lawyers said.

Dunlap has previously lost appeals to the Colorado courts and the U.S. Supreme Court.

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