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Chad Abraham:
"Among the issues is when the interview was turned over by Aspen police to the district attorney’s office, and when the prosecutor’s office either gave a copy of the interview to Fang or alerted her to its existence.
The Aguilera-Pimentel case involved an “abuse of discretion” by the district attorney’s office, Fang said, adding that she feels the court of appeals is unlikely to overturn Nichols’ sanctions.
Nichols, in issuing those sanctions, cited five cases involving pretrial violations, and Fang said that determination of a pattern of missteps has continued with Robinson’s case. Nichols should not “back step” from her previous ruling against prosecutors because, in the current case, “the identical violations could not be more striking,” Fang said.
Fang argued that sanctions should rise again to the point of suppressing key evidence — in this case the interview between Robinson and MacAyeal and photos that allegedly show injuries the defendant received during his arrest — because they were provided too late.
Both pieces of evidence are exculpatory, or statements that are favorable to Robinson, who apparently told MacAyeal that he initially thought he was being “jumped” and, afterward, that he thought he was being arrested for resisting arrest, and not for the bomb-threat allegation. Police photos of the injuries that allegedly were not turned over in a timely matter back up Robinson’s story, Fang argued in the motion to dismiss, which ought to lead to outright dismissal of the case, she said.
Mordkin, however, said Nichols should not enforce sanctions that end up again in a dismissal. Prosecutors in the 9th Judicial District have made it their practice to turn over to defense attorneys what is required, he said......" (Read more? Click title)
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