Child molester serving 204-year sentence loses third appeal

The Daily Sentinel
By CHARLES ASHBY Charles.Ashby@gjsentinel.com 
  

David A. Relaford, 50, was convicted in 2014 on one count of second-degree kidnapping, 11 counts of sexual assault on a child, two counts of sexual assault on a child as a pattern of abuse, 11 counts of sexual assault on a child by one in a position of trust and two counts of sexual assault on a child by one in a position of trust as a pattern of abuse.

The children were 7 and 8 at the time of the 2011 incidents.

Mesa County District Judge Richard Gurley sentenced Relaford to 24 years on the kidnapping conviction, and 180 years to life on the remaining counts, all to be served consecutively.

In his first appeal in 2016, Relaford tried to argue that the jury was unfairly biased by the court because it allowed prosecutors to introduce more sex toys and pornographic images and videos that were found at his home that the children didn’t testify about. The court said that didn’t substantially influence the verdict or the fairness of the trial.

In his second appeal in 2019, Relaford tried to argue he had ineffective counsel, his prosecutors had withheld evidence and then made improper statements during his trial. The court rejected all of those claims.

In his new appeal, Relaford tried to argue that his long sentence was not proportional to his crimes, saying subsequent court precedent set “new rules of law” in such cases that should be applied retroactively to his case.

Again, a three-judge panel of the court rejected him, saying that 2019 precedent in a case called Wells-Yates v. People did not call for sentences to be altered retroactively.

“Because Relaford’s conviction became final in January 2017, five years before he filed his current motion in 2022, his claim is time barred,” Judge Robert Hawthorne wrote in the ruling, which was joined by Judges Anthony Navarro and David Yun.

“Broadly construing his motion, Relaford asserts we should nevertheless consider his proportionality challenge because Wells-Yates announced a new rule of constitutional law,” Hawthorne added. “But a division of this court has rejected this view ... holding that Wells-Yates did not create a new substantive rule of constitutional law that should be applied retroactively.”

Relaford is serving his prison term at the Sterling Correctional Facility. His first parole hearing is set for October 2200.