sexual assault
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Appeals court finds Mesa County judge incorrectly analyzed evidence for second time in sex assault trial
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
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
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
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
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
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
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…
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Boulder man’s attempted sex assault convictions overturned due to detectives’ actions
A Boulder man will receive a new trial after Colorado’s second-highest court determined last month that a pair of detectives improperly detained and interrogated him about an attempted sex assault instead of simply collecting his DNA as a court authorized them to do. Angel Adrian Castro-Velasquez is serving 18 years to life in prison on…
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10th Circuit, by 2-1, widens ability for governments to be held liable for policymakers’ misconduct
The federal appeals court based in Denver concluded on Friday that Sedgwick County could itself be held liable for its former sheriff’s sexual assault of a detainee, rejecting the argument that a government policymaker’s personal decision to violate someone’s rights should fall on them alone. Plaintiffs may attempt to hold government entities liable for injuries…
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…