A Denver judge did not satisfy her obligation to ensure a defendant knew he could speak on his own behalf at sentencing, Colorado’s second-highest court determined in ordering a new sentencing hearing on Thursday.
Jurors convicted Joe Pinheiro of second-degree murder in 2022 for fatally shooting Philip Malinowski five years earlier. The parties disputed whether Pinheiro’s actions were intentional, with the defense maintaining the shooting was accidental.
Pinheiro faced a sentence of 16 to 48 years in prison. During the sentencing hearing, his lawyer told then-District Court Judge Jennifer B. Torrington, “I’ve instructed Mr. Pinheiro not to make a statement today since we do plan on appealing this conviction.”…