child abuse
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Appeals court orders new child abuse trial due to improper evidence of prior mistreatment
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Colorado’s second-highest court overturned a Montezuma County defendant’s child abuse conviction last month, concluding evidence of prior mistreatment was too dissimilar to the alleged conduct that formed the basis of the criminal charges. Garland Kay Malcolm received a 32-year prison sentence after jurors convicted her in 2023 for the severe injuries to a 6-year-old boy…
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Colorado justices sympathetic to defendant’s claim of speedy trial violation
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Members of the Colorado Supreme Court appeared sympathetic on Wednesday to the argument that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring dismissal of the charges. The Supreme Court originally took an interest in Khristina Phillips’ ongoing misdemeanor prosecution in…
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Appeals court revives child abuse prosecution despite ex-DA’s ‘inappropriate’ comments to media
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Colorado’s second-highest court reinstated the criminal charges in a Fremont County child abuse case on Thursday, acknowledging the elected district attorney’s public comments about the defendant were “inappropriate” but did not rise to the level of triggering dismissal. Last year, a judge dismissed the case against Brook N. Crawford after then-District Attorney Linda Stanley spoke…
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Colorado human services agency faces buzzsaw at state Supreme Court as justices critique non-disclosure argument
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Several members of the Colorado Supreme Court pushed back on Monday against the state’s position that it could not disclose the number of child abuse reports at individual group living facilities because doing so would improperly reveal a person’s address — even though such addresses are already in the public domain. The Colorado Department of…
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Colorado Supreme Court accepts cases on police interrogation, mid-trial appeal
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The Colorado Supreme Court recently announced it will determine whether a convicted defendant should receive a new trial after detectives interrogated him without probable cause and while executing a narrow order to obtain his DNA. At least three of the court’s seven members must agree to take up a case on appeal. The justices also…
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Defendant’s ‘extreme religious beliefs’ did not render her incompetent, appeals court rules
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Colorado’s second-highest court decided last week that a defendant’s “extreme religious beliefs” did not render her incompetent to proceed, nor did they invalidate her decision to represent herself at trial. A three-judge panel for the Court of Appeals did not believe Ika Eden had any mental health issues that interfered with her ability to understand…
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Colorado Supreme Court to review case of spiritual leader found guilty of child abuse
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The Colorado Supreme Court announced on Monday that it will review whether the Court of Appeals correctly overturned a woman’s felony convictions for child abuse resulting in death due to an inadequate jury instruction. Hannah Marshall, 8, and Makayla Roberts, 10, were discovered dead and decomposing in a vehicle located on Frederick “Alec” Blair’s Norwood farm…
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Appeals court orders new child abuse trial after defense lawyer overrode client, admitted guilt
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A man serving 28 years for child abuse will receive a new trial, Colorado’s second-highest court ruled on Thursday, because the defense attorney overrode his client’s wishes and told the jury the defendant was guilty in the overdose death of his son. After a mistrial, a second trial resulted in jurors convicting Joenny Manuel Astacio…
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Colorado judges face calls for new domestic violence training after survey finds child abuse concerns ignored
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Armed with a survey of parents who lambasted family court judges and magistrates for regularly ignoring signs of child abuse during custody disputes, legislators and court reform advocates are pressing for new domestic violence training mandates and other measures for judges and magistrates. “This document brings to light the voices of Colorado citizens who have…
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10th Circuit upholds dismissal of Aurora councilwoman’s lawsuit
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The federal appeals court based in Denver agreed on Monday that an Aurora city council member had not shown a violation of her constitutional rights occurred when she became the subject of a social worker’s false report of child abuse. Councilwoman Danielle Jurinsky sued Arapahoe County, the department of human services and Robin Niceta, who was…
