The proceedings for post-conviction relief for a man serving a 25-year prison term appear stalled until November, at the earliest.
“I’m stuck,” lead prosecutor Jack Roth told the court this week.
A Colorado Attorney General violent crimes prosecutor, Roth told the court via telephone on Wednesday that he hasn’t received any file from previous defense counsel.
Without objection, Chief District Court Judge Doug Walker set an Oct. 15 deadline for Roth to file a response to a defense motion that contends convicted killer Luther Hampson, 30, of Dolores, received ineffective legal counsel during initial trial proceedings.
The defendant will have 15 days to reply to Roth’s motion, meaning the case is stalled until the end of October.
Hampson’s new attorney, Brad Junge, of Grand Junction, filed the motion seeking post-conviction relief. According to court documents, Junge maintains that public defender Justin Bogan provided ineffective counsel.
The case has been in limbo since April, after Bogan refused to turn over his case file due to attorney-client privilege.
In custody at the Freemont Correctional Facility near Cañon City, Hampson wasn’t present at this week’s hearing. His mother did attend.
“Luther is innocent,” she told the Journal after Wednesday’s hearing.
To avoid a possible life sentence, Hampson pleaded guilty to second-degree murder charges in 2013 in connection to the beating death of 27-year-old Jonathan Hayes, of Dolores. Hikers reportedly found Hayes’ body off County Road T on Jan. 14, 2012, a week after Hayes was last seen alive.
Hayes sustained six blunt-force impacts to the face, and his throat was sliced with a razor blade. Medical records indicate he died a slow death. The murder weapon was never recovered.
Sentenced to 25 years, Hampson will become eligible for parole in 2029. His estimated release date is 2036.
