DA weighs retrying cold case murder

Why it matters: This is the first conviction to be vacated in connection with misconduct allegations against former DNA analyst Yvonne "Missy" Woods.

• The scandal has rocked the Colorado justice system, and with misconduct being alleged in more than 1,000 cases involving Woods, the ruling could set a precedent and open the floodgates for judges statewide to overturn more convictions.

Catch up quick: Clark last year filed a motion contesting his first-degree murder conviction in the 1994 case and subsequent life sentence, citing Woods' testimony, juror misconduct and ineffective counsel.

• Woods testified at Clark's trial in 2012 she tested DNA found on inside a lip balm container discovered at the crime scene and the results excluded 99.4% of the population but not Clark.
• Clark's motion also stated a juror visited the crime scene during the trial, which should not have been allowed.
• Clark further claimed his previous defense attorneys should have called their own DNA expert.

By the numbers: The Colorado Bureau of Investigation found in 2023 that Woods tampered with DNA testing and identified problems with 1,003 of her cases in the state.

• More than 3,000 DNA samples have been retested.
• Woods, who retired in 2023, was indicted in January on 102 felony charges. Her case is ongoing, and her attorney offered no comment to Axios upon request.

Zoom in: The Boulder County District Attorney's Office agreed with vacating the conviction, stating it was "the right thing to do, after considering all three issues." A judge officially vacated the conviction April 11.

• The case is once again in pre-trial status, with the original charge remaining. Clark's initial bond of $100,000 was also reinstated.
• Clark was transferred from prison to the Boulder County Jail after the ruling. He posted bond and was released April 14 after over 12 years in custody.

Flashback: Grisham, 49, was shot to death in the doorway of his Boulder apartment on Nov. 1, 1994.

• There were no witnesses and no murder weapon ever found.
• Clark at the time was friends with Grisham's daughter and identified as a suspect early in the investigation.

• Prosecutors said Clark stole and forged checks he found in Grisham's apartment and killed Grisham to cover up the fraud.

State of play: Prosecutors must now retry the case, reach a plea agreement or dismiss the charges. "We will carefully and thoroughly analyze all the evidence to determine the right and just outcome," Dougherty said in a statement.

• Prosecutors sent the lip balm container to an independent lab last year and found new results that could exclude Clark. "There could be a number of reasons for these results, including the advances in DNA technology," a motion from the DA said.
• Caveat: The DNA test wasn't the only evidence that led prosecutors to bring charges against Clark. Prosecutors also said Clark purchased a gun prior to the shooting and confessed to an inmate after the shooting.

What's next: Clark's case is set for a June 6 status conference.

• Dougherty told Axios the "hope" is to have a decision on a possible retrial by that time if prosecutors can locate and interview witnesses from the initial case.
• The original trial took place 18 years after the shooting, and most witnesses had to use police reports and video interviews to refresh their memories. By the time of a possible retrial, witnesses would be testifying about events that took place over 30 years ago.

Editor's note: This story has been updated to reflect Yvonne Missy Woods' attorney responded to Axios Boulder with no comment.