Cooley Teams with the Center for Juvenile Justice to Gain Freedom for Young Man after 14 Years in Prison

Denver – June 20, 2014 – Cooley LLP announced today that its client Lorenzo Montoya was recently released from prison just days before a hearing that would have revealed significant constitutional flaws in his conviction and new evidence casting serious doubt on his guilt. Mr. Montoya's freedom was gained through the cooperative efforts of a team of Cooley attorneys acting in a pro bono capacity, along with lead attorney Lisa Polansky from the Center for Juvenile Justice and court-appointed counsel Elizabeth Krupa.

In January 2000, then 14-year-old Montoya was one of three Denver teens arrested and charged for alleged involvement in the murder of a north Denver schoolteacher. Mr. Montoya, later convicted of felony murder, was sentenced to mandatory life without parole.

Mr. Montoya's release occurred almost a year after his new defense team filed a habeas corpus Petition in Denver District Court challenging Montoya's convictions. The Petition was based on constitutional violations, including ineffective assistance of counsel and incompetence to stand trial, as well as the introduction of new exculpatory evidence.

At a hearing in December, Montoya's lawyers succeeded in obtaining new DNA testing, conducted by the Colorado Bureau of Investigation, which revealed powerful evidence of Montoya's innocence. Mr. Montoya's co-defendant also made a statement to a defense investigator that Mr. Montoya had nothing to do with the crime. In lieu of a hearing on Montoya's claims or a new trial, the Denver District Attorney offered to dismiss all of the charges against Montoya and release him immediately in exchange for a guilty plea to "accessory after the fact." After 14 years of incarceration, including many in solitary confinement, Montoya accepted the District Attorney's offer and was released from prison.

After ordering Montoya's release, Denver District Court Judge Edward D. Bronfin said that "[I have] appreciation and admiration for . . . the District Attorney's Office, for the work that Ms. Polansky, Ms. Krupa, Mr. Sauer, and all you have done. . . . [I]n an imperfect world where things don't always work right, it takes not only smart people but people who know right from wrong."

The Cooley pro bono team that helped secure Mr. Montoya's freedom included Peter Sauer, Angela Campbell, Janna Fischer, Brian Eutermoser and Kelsey Velemirovich.

Pro Bono at Cooley

Commitment to the community is an important part of our culture at Cooley and a fundamental component of our vision and values. We strive to give generously of our time, talents and resources to the communities in which we practice, and pro bono work is one of the primary ways we fulfill that goal.

We encourage attorneys from all Cooley offices and all practice groups to be actively involved in our pro bono practice. In 2013, 469 Cooley attorneys contributed over 30,000 hours on more than 700 pro bono matters.

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