sexual assault
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Federal judge dismisses bulk of claims against UCCS, employees over instructor’s alleged predatory behavior
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A federal judge on Monday dismissed several claims by a former University of Colorado Springs student pertaining to one professor’s alleged sexual misconduct towards her. Kristen Gearhart filed suit in April 2024 against the university, its chancellor, multiple employees and mathematics Prof. Mark Tomforde. She alleged Tomforde had a history of misconduct toward women at…
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Appeals court orders new sex assault trial due to biased juror
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Colorado’s second-highest court ordered a new sex assault trial for a defendant on Thursday after concluding a Weld County judge permitted a biased juror to serve. Prosecutors charged Jeremy Black with multiple counts of sexual assault on a child, alleging he abused a girl beginning when she was approximately seven years old. She disclosed the…
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Appeals court finds Denver judge wrongly let child witness testify by CCTV
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Colorado’s second-highest court ruled on Thursday that a Denver judge violated the constitutional rights of a juvenile defendant by allowing the victim, who was also a child, to testify in a different room out of concern for the “influence” of the defendant’s parents. However, a three-judge panel for the Court of Appeals concluded the error…
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Appeals court finds Mesa County judge incorrectly analyzed evidence for second time in sex assault trial
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Colorado’s second-highest court concluded last month that a Mesa County judge used the incorrect standard when deciding if a defendant should receive a new trial — even after a prior Court of Appeals decision explicitly ordered the judge to fix his earlier evidence-related mistake. A three-judge appellate panel, by 2-1, believed then-District Court Judge Richard T.…
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Appeals court chastises Denver prosecutor for inappropriate comment on defendant’s right to silence
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Colorado’s second-highest court agreed on Thursday that a Denver prosecutor inappropriately commented on a defendant’s constitutional right to silence during a jury trial, but the misconduct did not warrant a new trial in light of the overwhelming evidence of guilt. Byron L. Whitehorn is serving a prison sentence of 24 years to life after jurors…
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10th Circuit dismisses man’s lawsuit against Arvada detective, accuser for rape accusation
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The Denver-based federal appeals court agreed last week that a man had not credibly alleged he was prosecuted for rape without probable cause because, in part, he apologized for raping the alleged victim on a recorded phone call. Gary Weidner III sued Detective Kristin Ames and his former romantic partner, identified as “Jane Doe,” after…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
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The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Colorado justices to examine whether alleged victim’s ‘dream journal’ should be barred from trial
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The Colorado Supreme Court signaled last week that it may intervene in an ongoing prosecution out of Boulder County in which a trial judge has prohibited prosecutors from using an alleged sex assault victim’s childhood journal at trial, containing evidence of her abuse. One week before Mark Allan Hochwender was scheduled to face trial on…
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El Paso County sex assault conviction overturned after judge misapplied law
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Colorado’s second-highest court reversed a man’s sexual assault conviction last month after finding an El Paso County judge applied the wrong legal standard when assessing whether the defendant was competent to stand trial. Prosecutors charged Micheal Cochran with numerous sex-related offenses, but his defense attorney became concerned that Cochran was struggling to understand the charges,…
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Lawyer who brought outside legal information into jury room triggers new sex assault trial
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A man serving a potential life sentence for sexually assaulting a woman will receive a new trial after Colorado’s second-highest court agreed an attorney who served on the jury injected damaging, outside legal information into deliberations. In 2016, a jury convicted Damon D. Newman of raping a woman at gunpoint at Sloan’s Lake. Investigators linked Newman…
