Legal Question in Criminal Law in Colorado

Due Process & Prosecutorial Misconduct

Defendant has been through 2 trials. He was found guilty by a jury at the first trial. The verdict was overtturned by the TRIAL judge due to highly prejudicial ''evidence'' allowed in by judge (not the same judge that sat in on the trial). After verdict was overturned, the original judge reversed her decision to allow the highly prejudicial evidence and new trial date was set.

Before the second trial it was decided in pre-trial motions that the first trial would not be mentioned during the second trial & the prosecution adamantly wanted aspects of the accuser's lifestyle kept out of the trial. It was agreed that the accuser's lifestyle would be kept out.

A prosecution witness mentioned a ''second trial'' twice during her testimony. The prosecutor made a defense witness read ''TRIAL transcript discrepancies'' from a statement she had typed even though it had nothing to do with the question he was asking. Also, the prosecutor tried to get the same defense witness to talk about the accuser's lifestyle, knowing that it was supposed to be kept out of the trial.

The jury deadlocked after 12 hours of deliberation. Defendant is now expected to pay attorneys for a THIRD trial after 2 were made unfair by prosecution/judge.

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