On one occasion, for example, Vriesman instructed that “evidence of gang association can only be considered for the limited purpose of proving motive, the mental states of after deliberation, intentionally and knowingly and the relationship between John Sanchez and Andrew Gutierrez.” Vriesman instead chose to give limiting instructions - a direction to the jury to consider a piece of evidence only for a specific purpose - a total of 21 times. In addition, Vriesman faced 15 more objections from the defendants about potential prejudice to them in the combined proceedings. During trial, there were three more similar motions that the judge refused. Vriesman denied all requests to sever before the trial. “They’re throwing the gun in the middle of the room and saying: You guys get a trial together, you figure it out and figure out what’s going on.” The prosecution “has blamed two people for one murder involving what the physical evidence seems to show was one gun involved,” Sanchez’s lawyer observed. Prosecutors also used evidence that Sanchez confessed to the murder as proof of Gutierrez’s involvement. Both Gutierrez and Sanchez told Vriesman that holding a joint trial would mean that attempts by Gutierrez to attack the credibility of Sanchez’s statements would result in Sanchez introducing evidence of Gutierrez’s prior convictions. Gutierrez argued that he was essentially facing two prosecutions: one from the government and another from Sanchez trying to pin the blame on him.Ī series of procedural snafus flowed from the decision to combine. Based on the fact that there was only one shooter, each defendant would accuse the other of being the murderer - known as an antagonistic defense. Vriesman hold separate trials for the two defendants. Gutierrez repeatedly requested that Jefferson County District Court Judge Todd L. The prosecution told the jury they could find “either one of these defendants guilty.” One witness said Gutierrez shot Schnaare, but another said it was Sanchez who killed him. Prosecutors characterized the location as a hangout for gang members, and alleged Gutierrez and Sanchez were high-ranking members of the Gallant Knights Insane gang.Īfter Schnaare entered, he was shot four times. Schnaare, 41, had arrived in the early morning hours at the apartment where Gutierrez, Sanchez and others were drinking and using methamphetamine. Police discovered Schnaare’s body on May 15, 2015. “We respect the decision of the Court of Appeals disagreeing with the trial court and are prepared to proceed in accordance with the court’s order,” said a spokesperson for First Judicial District Attorney Alexis King, whose office originally prosecuted the case. The panel’s August 19 opinion means Gutierrez is entitled to a new trial, more than four years after a jury convicted him and Sanchez and they received life sentences for murder and conspiracy to commit murder.
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