GREELEY, Colo.—The Colorado Supreme Court says it will hear the state’s appeal of an overturned conviction in the case of a man accused of killing his ex-girlfriend and her boyfriend in April 2002.
Allen Bergerud is accused in the deaths of Linda Cooper, 39, and Lon Yeaman, 46, both of Loveland.
Bergerud’s 2004 trial in Weld Count District Court ended in a mistrial because one juror refused to convict him.
During his second trial a year later in Morgan County, Bergerud fired his attorneys after opening arguments and chose to represent himself. He was convicted and sentenced to life in prison without parole.
In September, the Colorado Appellate Court found that Bergerud should’ve had the chance to hire new attorneys who agreed with his theory of the case—that he was innocent and fired his gun in self-defense.
The Colorado Supreme Court announced this week that it would hear the state’s appeal of Bergerud’s overturned conviction to decide whether criminal defendants have a “fundamental constitutional right to direct their counsel to present an ‘innocence-based’ defense,” regardless of their attorney’s professional opinion.
“I’m very happy they’re going to hear it,” said Weld District Attorney Ken Buck, who prosecuted Bergerud. “It’s a unique issue of law, and it will require the Supreme Court’s guidance.”
Buck is required to file his written arguments in the case May 4.
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Information from: Greeley Daily Tribune,
