Legal Question in Criminal Law in Colorado

access to post-conviction evidence

I have gotten written permission from a person convicted of murder ten-plus years ago to examine the evidence in his case. I have emailed his public defender who ignores me. How can I get access to this evidence?


Asked on 2/27/07, 10:21 am

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: access to post-conviction evidence

Start with the court file, not the public defender's file. He can get access to it. If he can't be there, he needs to hire an atty. Why does he want to look at the evidence now?

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Answered on 2/27/07, 11:57 am
Philip Rosmarin Rosmarin Law Firm

Re: access to post-conviction evidence

I'm guessing you're not an attorney seeking access to the public defender's file; I'd probably ignore you, too. For one thing, it's pretty impossible to authenticate a defendant's release via e-mail.

You might try the old-fashioned way: telephone the public defender and make an appointment to see him or her, and bring your notarized release with you.

Alternatively, the defendant will have access to the court file, which will probably be more complete than the public defender's file anyway.

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Answered on 2/27/07, 12:40 pm


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