Legal Question in Criminal Law in Colorado

Re: Due Process & Prosecutorial Misconduct

Sorry, I ran out of space before I could actually ask the question. :)

My question is this...if there has been obvious misconduct on behalf of the prosecution, deliberately making trials unfair to the defendant, then obviously the defendant's right to due process has been blantantly ignored. What can a defendant do (short of accepting a plea) to prevent a third trial? A third trial will probably be filled with the same kind of misconduct anyway and the defendant has spent well over $100,000 in defense and is busted.

And what can be done to make a prosecutor accountable for deliberately ignoring pre-trial motions, sometimes their OWN pre-trial motions?


Asked on 10/09/04, 5:53 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Re: Due Process & Prosecutorial Misconduct

Prior to a refiling of charges, concentrate on the second trial. The court ruled on a motion to keep something out, and the prosecution introduced it anyway. There, the DA disobeyed a court ORDER. That is a contempt of court. Your counsel can seek a contempt citation, to hold the DA in contempt. Also, the DA is obviously conflicted, so a special prosecutor should be appointed. You want to make this a bad case for the DA to pursue, so start there. Get agressive against the DA. That may make them think twice about re-filing, thereby avoiding a third trial.

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Answered on 10/09/04, 11:45 am


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