Tom Carberry has testified many times as an expert witness in criminal defense.  Tom Carberry has testified as an expert witness in privately retained cases,  for the Colorado State Public Defender, and for the Colorado Office of Alternate Defense Counsel.  In many cases in which the defense hired Tom Carberry as an expert, he did not testify because he concluded that the trial lawyer had provided effective assistance of counsel.

People v. David Coleman, Arapahoe County District Court, Case Number:  86CR1175, First-degree murder (Conviction affirmed)

People v. Allen K. Miller, Arapahoe County District Court, Case Number: 96CR2732, habitual offender (Conviction affirmed)

People v. Arthur Brenckle, 01CR28, Weld County, Distribution of controlled substance, habitual offender (Conviction reversed and new trial ordered)

People v. Justin Kreuzer, Larimer County case number 01CR1577, habitual offender (Conviction affirmed)

People v. Jose Miera, Alamosa County case number 92CR73, sex assault on a child, incest  (Conviction affirmed by trial court, reversed on appeal of 35(c) in People v. Miera, 183 P.3d 672 (Colo. App. 2008)); 35(c) lawyer Janet Kinniry

People v. Paul Anthony Saiz, Adams County case number 96CR1755, second degree murder conviction (Conviction affirmed); 35(c) lawyer Scott Evans

People v. Alan Sudduth, Arapahoe case number 95CR646 (plea to second-degree murder and aggravated robbery, stipulated 80 year sentence; 35(c) motion granted January 5, 2010); 35(c) lawyer Alison Ruttenberg; subsequently reversed on appeal due to statute of limitations.

People v. Rashid, Arapahoe County case number 03M425, third degree assault (deported) (conviction vacated on the grounds of poor interpretation of trial to defendant who spoke no English); 35(c) lawyer Mark Burton

People v. Sa’Ra, Arapahoe County case number 01CR507, sexual assault, false imprisonment, first degree criminal trespass, and third degree assault, but was acquitted of kidnapping, wiretapping and burglary (Conviction affirmed; appeal pending); 35(c) lawyer Alison Ruttenberg

People v. Petschow, El Paso County case number 00CR4508.  A jury convicted Mr. Petschow of two counts attempted murder, first degree burglary, multiple other burglary charges, big habitual criminal.  The court sentenced him to 264 years in prison.  Cindy Hyatt and Amanda Phillips of the Colorado Springs office of the public defenders represented Mr. Petschow at the 35(c) hearing.  Tom Carberry testified as an expert witness in criminal defense.  The trial court issued an order vacating Mr. Petschow’s convictions and ordering a new trial because of ineffective assistance of trial counsel.  Cindy Hyatt and Amanda Phillips represented Mr. Petschow at his second trial, which end in a mistrial because of prosecutorial misconduct.  Mr. Petschow then took a plea bargain for 40 years in prison.

People v. Lobato, Huerfano County case number 03CR126, five counts of first degree assault on a peace officer (Conviction and 55 year sentence vacated on basis of ineffective assistance of counsel; defendant then pleaded guilty to first degree assault on a peace officer with a stipulated sentence of 32 years)

People v. Johnny Lee, Pueblo county case number 01CR745 (conviction affirmed) (This case had very bad facts.  But despite the bad facts, Tom Carberry believes the trial lawyers provided not only ineffective assistance of counsel, but the lead lawyer betrayed her juvenile direct filed client.  Tom Carberry believes the judge who presided over and ruled on the 35(c) put the bad facts above Mr. Lee’s constitutional right to effective assistance of counsel).

People v. Christopher Crawford, Arapahoe case number 05CR2199 (Motion denied – convicted of two counts of contributing to the delinquency of a minor and got 12 years in prison) (Tom Carberry believes that the trial judge erred in denying the motion and that the Court of Appeals will reverse.  But Mr. Crawford will remain in prison during the appeal, which could take two years).

People v. Raymond Cano, Adams County case number 96CR12 (Motion denied– convicted of first degree murder, life without parole) (Tom Carberry believes the judge who ruled on the 35(c) motion misunderstood the law of conflicts of interest.  In this case, the same regional office of the public defender represented Mr. Cano and the alternate suspect at the same time, and the trial lawyer’s failure to call the alternate suspect resulted in the lawyer’s inability to introduce exculpatory evidence).

People v. Callies, Fremont County case number 10M33 (motion denied)

People v. Burden, Jefferson County case numbers 04CR511 and 04CR2410 (Ruling pending – habitual offender case – competence is the only legal issue)