Peo v. Pace
CourtColorado Court of Appeals
Date FiledOctober 29, 2026
Docket25CA0817
StatusUnpublished
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Full Opinion
25CA0817 Peo v Pace 10-29-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA0817
City and County of Denver District Court Nos. 02CR185 & 02CR186
Honorable Demetria E. Trujillo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ned Pace, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE SCHOCK
J. Jones and Sullivan, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 29, 2026
Philip J. Weiser, Attorney General, Majid Yazdi, Senior Assistant Attorney
General, Denver, Colorado, for Plaintiff-Appellee
Ned Pace, Jr., Pro Se
¶1 Defendant, Ned Pace, Jr., appeals the district court’s order
denying his most recent postconviction motion. We affirm.
I. Background
¶2 In 2002, Pace was convicted of two counts each of first degree
murder, felony murder, and sexual assault. He was sentenced to
life in prison without the possibility of parole. A division of this
court affirmed the judgment. People v. Pace, (Colo. App. No.
02CA2379, May 5, 2005) (not published pursuant to C.A.R. 35(f)).
¶3 Between 2008 and 2023, Pace filed three Crim. P. 35(c)
motions for postconviction relief, all of which were unsuccessful.
See People v. Pace, (Colo. App. No. 10CA0368, Mar. 24, 2011) (not
published pursuant to C.A.R. 35(f)); People v. Pace, (Colo. App. No.
23CA1724, Dec. 12, 2024) (not published pursuant to C.A.R. 35(e)).
¶4 He filed the Crim. P. 35(c) motion at issue in 2025. He alleged,
among other things, newly discovered evidence of “a massive fraud”
within the Colorado Bureau of Investigation (CBI) pertaining to the
work of forensic scientist Yvonne “Missy” Woods. See People v.
Castorena, 2026 CO 2, ¶¶ 3-4 (discussing the investigation of, and
criminal charges filed against, Woods based on anomalies in her
work as part of DNA testing in a CBI forensic laboratory). He
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asserted that the anomalies in Woods’s work “confused and
contaminated DNA evidence that was used in [his] trial.” He asked
the court to either appoint postconviction counsel and hold an
evidentiary hearing or vacate his convictions for “lack of evidence.”
¶5 The district court denied the motion without a hearing. It
found that Pace had adequately alleged newly discovered evidence
that could not have been discovered before trial. But it concluded
that the evidence was not material and would not probably produce
an acquittal because Woods “had no involvement in Pace’s case and
trial.” More specifically, the court explained that the record
established that a different CBI analyst, Pamela Schaner, had
identified the DNA match and informed a Denver Police Laboratory
Technician, Gergory LaBerge. LaBerge then conducted an
independent DNA analysis, which was presented at trial. Thus,
“CBI’s involvement in no way contributed to Pace’s conviction.”
II. Applicable Law and Standard of Review
¶6 A defendant seeking to vacate a conviction based on newly
discovered evidence under Crim. P. 35(c)(2)(V) must show that
(1) the new evidence was discovered after trial; (2) the defendant
and counsel exercised diligence to discover all favorable evidence
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before and during trial; (3) the newly discovered evidence is material
to the issues involved and not merely cumulative or impeaching;
and (4) on retrial, the newly discovered evidence would probably
produce an acquittal. People v. Bonan, 2014 COA 156, ¶ 27. A
claim based on newly discovered evidence that has not previously
been raised is not barred as successive. Crim. P. 35(c)(3)(VII)(b).
¶7 A Crim. P. 35(c) motion may be denied without a hearing if
(1) the allegations are bare and conclusory; (2) the allegations, even
if true, do not warrant relief; or (3) the record directly refutes the
defendant’s claims. People v. Lopez, 2025 COA 73, ¶ 8.
¶8 We review de novo the denial of a Crim. P. 35(c) motion
without an evidentiary hearing. People v. Cali, 2020 CO 20, ¶ 14.
III. Analysis
¶9 Pace’s claim in his motion was premised on the suggestion
that the anomalies in Woods’s work affected the DNA evidence in
his case. But, as the district court noted, Woods’s misconduct was
not material to his conviction because she was not involved in his
case. Rather, the DNA in his case was tested and analyzed first by
Schaner and ultimately, and independently, by LaBerge. Thus, the
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record “directly refutes” Pace’s claim that the anomalies in Woods’s
work undermined the DNA evidence in his case. Lopez, ¶ 8.
¶ 10 On appeal, Pace changes course by claiming that Schaner and
LaBerge had anomalies in their DNA testing “just like Yvonne
‘Missy’ Woods,” and “[t]hey ha[d] the same results.” He also asserts
that Woods’s conduct, and that of another CBI analyst, “reveal
fraud at all Colorado DNA laboratories.” This is not the claim that
Pace raised in his Crim. P. 35(c) motion, and we generally do not
address new claims raised for the first time on appeal. See People
v. Huggins, 2019 COA 116, ¶ 17 (declining to consider issue not
raised or ruled on in postconviction motion); People v. Rodriguez,
914 P.2d 230, 251 (Colo. 1996) (rejecting the defendant’s “attempts
to use his brief on . . . appeal to fortify a number of issues
inadequately raised or supported by his [postconviction] motion”).
¶ 11 But even if we could construe these new allegations as within
the scope of Pace’s claim, they are “bare and conclusory in nature,
and lack supporting factual allegations.” People v. Melendez, 2024
COA 21M, ¶ 12. Pace has pointed to no evidence — or even
allegations of evidence — of misconduct by Schaner and LaBerge.
It is bare and conclusory for Pace to claim, without more, that
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Schaner’s and LaBerge’s DNA testing had anomalies “just like . . .
Woods” or that Woods’s and the other analyst’s conduct “reveal[s]
fraud at all Colorado DNA laboratories.” There is nothing in the
record to indicate that Schaner worked with Woods or the other
analyst on this case, or any other. And the record confirms that
LaBerge worked in the Denver Police Laboratory, not CBI, making
any connection between him and Woods even more speculative.
¶ 12 Indeed, Pace’s attorneys acknowledged in a pretrial motion
that “[t]he policy from CBI is that [its DNA database search] is
merely an ‘investigatory tool’ for law enforcement personnel and CBI
simply forwards that information to the appropriate law
enforcement agency who is responsible for conducting their own
investigation and testing to confirm the results.” And as the district
court explained, the record shows that is what happened in this
case. Schaner informed LaBerge of the DNA match, and LaBerge
then conducted his own independent DNA testing and analysis.
¶ 13 Thus, Pace did not allege facts sufficient to show that the
newly discovered evidence of Woods’s misconduct, or the alleged
misconduct of the other CBI analyst, was material in his case or
that such evidence would probably produce an acquittal at a retrial.
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See Bonan, ¶ 27. The district court therefore correctly denied his
claim without a hearing. See Lopez, ¶ 8; De Baca v. Dist. Ct., 431
P.2d 763, 764-65 (Colo. 1967) (“[Crim. P. 35(c)] proceedings may
not be used as fishing expeditions in the hope that the petitioner
may somehow, in the course of an evidentiary hearing, discover
some thing which may require the granting of [35(c)] relief.”).
¶ 14 Any other claims that Pace raised in his Crim. P. 35(c) motion
at issue that were not based on the newly discovered evidence were
barred as successive and have been abandoned on appeal. See
Crim. P. 35(c)(3)(VI), (VII); People v. Vondra, 240 P.3d 493, 494-95
(Colo. App. 2010) (affirming denial of Crim. P. 35(c) claim on
alternative ground that it was successive); People v. Osorio, 170
P.3d 796, 801 (Colo. App. 2007) (noting that claims raised in
postconviction motion but not reasserted on appeal are abandoned).
IV. Disposition
¶ 15 The order is affirmed.
JUDGE J. JONES and JUDGE SULLIVAN concur.
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