Both said today that the current law establishing
three-judge panels to decide death penalty
questions is constitutional and their decisions are
valid. But Owens and Salazar said the jury system
would be simpler and ensure legal certainty.

They hope their bipartisan support would smooth
the way for approval during next week's special
legislative session.

"That system will make sure it is beyond legal
attack and make sure in the future these killers
subject to the death penalty will not have any
defense based on the infirmity of the law in
Colorado," Salazar said.

The U.S. Supreme Court ruled June 24 that juries,
not judges, must decide whether convicted
criminals should be sentenced to death.

Salazar said the court's ruling allows sentencing
decisions to be made by judges as long as juries
decide if aggravating factors were involved, such
as kidnapping or the commission of other crimes.

Lawmakers adopted the three-judge system in
1995 based on a 1990 U.S. Supreme Court ruling.
That was superseded by last month's ruling.

The ruling affects three inmates on death row in
Colorado. All three have asked the state Supreme
Court to send their cases back to the trial judge
to have their sentences reduced to life in prison.

In a brief filed in response to one case, Salazar
said the sentence should be upheld because the
jury found there were aggravating factors.

He is preparing responses to the requests by the
other two inmates, but said that the juries in
those cases also found aggravating factors.

Salazar, a Democrat, said the unanimous-jury
proposal would provide the most certainty for
victims' families and for the courts.

Owens, a Republican, Salazar and the District
Attorneys Council sent a letter Wednesday to
chiefs of police and county sheriffs seeking their
support.

Peter Weir, executive director of the District
Attorneys Council, said there are death-penalty
cases moving through the Arapahoe County and
Denver district courts.

The three men awaiting execution after being
sentenced by three-judge panels are Francisco
Martinez, convicted in the 1997 rape and slaying
of 14-year-old Brandy Duvall in Commerce City;
William "Cody" Neal, convicted in the 1998 ax
murders of three women in Jefferson County; and
George Woldt, convicted in the 1997 rape and
slaying of college student Jacine Gielinski in
Colorado Springs.