Legal Question in Criminal Law in Colorado

Police not interviewing witness

I have a restraining order against me by a former friend who co manages a website. I posted a message to her partner on the website giving him one last change to remove my graphics before I sued for copyright violations. The partner responded in a deragatory manner and I filed suit. After receiving the summons, she claimed I violated the restraining order by posting the message to the website, stating I did not know, never met, or talked to her business partner. Discoveries from the DA have no mention of the officer/detective's notes interviewing her partner before issuing the warrant. At the small claims court hearing for the copyright violation her partner admitted under oath the message was for him and responded to it. 1) If the police interviewed him, why is there no record of it in the discoveries? 2) if they did interview him and he did not disclose the email or an altercation he and I had at the courthouse is he guilty of witholding evidence? 3) Since she knew he and I met after the restraining order hearing and exchanged the email can she be charged with falsifying a police report?


Asked on 11/09/03, 1:07 am

1 Answer from Attorneys
Stephen Anderson Anderson & Carnahan

Re: Police not interviewing witness

Interviews of witnesses are often shoddy and may miss important information. However, a witness cannot be charged with withholding evidence absent an obligation or duty to disclose. I hope you utilize the NJC program to resolve your case.

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Answered on 11/10/03, 12:46 pm


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