On Sunday, October 27, 2024, Colorado Politics reported that the Colorado Court of Appeals mandated a new sentencing for Regan Christopher Garcia due to the acknowledged bias of former Adams County District Court Judge Robert W. Kiesnowski Jr. The court’s decision stemmed from a series of events surrounding Garcia’s trial and subsequent sentencing in 2022, during which Kiesnowski admitted to his bias and recused himself from the case.
Garcia was convicted in 2022 for stalking his ex-wife. Following his conviction, he expressed concerns that his public defender was colluding with the prosecution and law enforcement, claiming this violated his constitutional rights. In light of these allegations, Kiesnowski appointed an alternate defense attorney for Garcia and postponed the sentencing.
However, Garcia continued to face difficulties in his relationship with the new lawyer. At a court hearing in late August 2022, he requested to represent himself. Kiesnowski attempted to advise him against this decision, but Garcia ultimately chose to proceed unrepresented. Shortly after, he raised further issues with his lawyer and disclosed that he was suing the public defender’s office.
During a subsequent court appearance on September 8, 2022, when Garcia represented himself, Kiesnowski sentenced him to eight years in prison. Throughout the proceedings, Garcia raised multiple issues on appeal, including a claim that he had been denied his right to legal representation during the sentencing.
A significant factor in the appellate court’s ruling was a recusal motion submitted by Garcia just two days prior to his sentencing. In this motion, he accused Kiesnowski of bias, alleging that the judge had exhibited abusive behavior and made threatening gestures during court. The motion was documented on the same day as the sentencing, and Kiesnowski granted it a week later without providing any further explanation.
The appellate panel observed that Colorado criminal rules require all proceedings to be suspended until a recusal motion is resolved. They questioned whether Garcia’s sentencing should be considered valid, noting that the Attorney General’s Office opposed this line of inquiry, arguing that the recusal motion had not been raised on appeal. Nevertheless, the appellate judges felt it necessary to address the issue.
Judge Matthew D. Grove, writing for the appellate panel, noted that Kiesnowski’s actions were perplexing, suggesting that the order granting the recusal could have resulted from a clerical error. However, by agreeing to recuse himself, Kiesnowski effectively acknowledged that he had a bias against Garcia.
The panel concluded that because the presiding judge no longer maintained neutrality at the time of sentencing, they were compelled to reverse Garcia’s sentence and remand the case for resentencing by a different judge.
Kiesnowski, who resigned in 2023, faced censure from the Colorado Supreme Court earlier this year for multiple instances of misconduct, including using his judicial position to influence an investigation related to his brother-in-law.
Source: Colorado Politics
