Jeffrey's trial transcripts are available for viewing at the bottom of this page. Before reading those transcripts it is important to understand what actually occurred at Jeffrey's trial. Jeffrey Havard did not receive a fair trial. He was not given the opportunity to properly defend himself because he was denied an independent expert by the court. Jeffrey was also the victim of bad lawyering. When reading through the transcripts you will see that Jeffrey's court appointed attorney made very little effort to defend his client. The jury was left to decide the case based only on the prosecution's presentation of the case. It was no surprise that the jury got it wrong.
Jeffrey's case was tried as a death penalty case which is quite different from a capital murder trial without the death penalty. Here are the key differences expected to be seen in death penalty cases.
Richard C. Dieter, MS, JD, Executive Director of the Death Penalty Information Center, in Feb. 7, 2007 testimony to the Judiciary Committee of the Colorado State House of Representatives regarding "House Bill 1094 - Costs of the Death Penalty and Related Issues," stated:
Everything that is needed for an ordinary trial is needed for a death penalty case, only more so:
- More pre-trial time will be needed to prepare: cases typically take a year to come to trial more pre-trial motions will be filed and answered.
- More experts will be hired.
- Twice as many attorneys will be appointed for the defense, and a comparable team for the prosecution.
- Jurors will have to be individually quizzed on their views about the death penalty, and they are more likely to be sequestered.
- Two trials instead of one will be conducted: one for guilt and one for punishment.
- The trial will be longer: a cost study at Duke University (752KB) estimated that death penalty trials take 3 to 5 times longer than typical murder trials
- And then will come a series of appeals during which the inmates are held in the high security of death row."
Did Jeffrey Havard receive a fair trial? Compare Jeffrey's trial to the guidelines listed above:
- The only expert testimony heard by the jury came from the prosecution. Jeffrey asked for an expert but that request was denied by the judge.
- It took one day to select the death penalty jury in Jeffrey's trial.
- The trial from begriming to end with the jury selection completed on Monday morning, December 17, 2002 and the decision and sentence on Wednesday morning, December 19, 2002. Forty eight hours to select the jury, try the case, receive the jury's verdict and sentence Jeffrey to death.
- There was a total of 297 pages of trial transcripts. 294 pages were transcripts for the prosecution, with only 3 pages for the defense.
Once the jury was hastily selected, Jeffrey Havard's trial took less than two days. The jury deliberated for 36 minutes. This trial was a total sham. No death penalty case can be properly decided in less than two days.
As you read through the trial transcripts you will see how the trial was dominated by the prosecution. You will see that 294 of the 297 trial transcript pages are owned by the prosecution, leaving only 3 pages for the defense. You will see that a majority of the actual evidence that is presented on our website about this case was completely absent at trial. Would the jury have decided differently if they had heard all of the evidence in this case? We have no doubt the answer to that question is yes.
Jeffrey Havard Trial Transcripts