Legal Question in Constitutional Law in Colorado

Right To Face Accuser

My son was convicted of a misdemeanor 'unlaw touch' involving a woman 2 yrs older than he. His conviction was overturned, the 3 judicial opinions citing SEVERAL issues, including the DA and judge preventing his attorney from questioning his accusers (they falsely cited rape sheild)and denying his 5th amd. Constitutional right to face his accusers. The DA was forced out by recall (for the first time in the States' 200 yr history). The Judge has passed away. The DA--name removed--office and 6 -8 attorneys who left admitted they kept a ''BLACK LIST'' of attorneys. Some filed complaints against the old DA with the state attorney general. I feel my son--name removed--conviction with no evidence, conflicting testimony, witnesses not allowed to refute 'victim' testimony amounts to a concerted, endemic environment of the DA--name removed--office to interfere with his due process.

Any chance he can sue for damages? He was subjected to extremely vile and humilating physco sexual 'testing' still allowed in this state, and paid 10s of thousands in legal fees, victims defense, you name it.

And he was completely innocent.


Asked on 5/21/07, 7:09 pm

3 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Right To Face Accuser

My office handles civil rights, false arrest and malicious prosecution matters everyday. I think your son may very well have a 1983 case(That is a federal civil rights case)as well as some potential state claims.

As the time to do these things are short please contact someone (me or another attorney) ASAP to get the ball rolling.

Good luck.

Read more
Answered on 5/21/07, 11:57 pm
Philip Rosmarin Rosmarin Law Firm

Re: Right To Face Accuser

He might sue for malicious prosecution, but I think that might be extremely hard to prove in a case that ended in conviction, even though overturned.

One of the elements to prove a malicious prosecution is that there was no probable cause to file the charge. The judge obviously thought there was: the case went to trial and survived judgment for acquittal.

A second required element is malice. You say the judge and DA "falsely" cited rape shield. It would be malice if they knew the victim wasn't protected under that rubric, but not if they merely misinterpreted, or didn't know, the law.

Your son might be able to sue the victim for abuse of process, if the victim lied about her claim that he unlawfully touched her, and intended to use the criminal prosecution to get back at him for something unrelated to his alleged criminal act.

Read more
Answered on 5/21/07, 9:35 pm


Related Questions & Answers

More Constitutional Law questions and answers in Colorado