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This rarely happens - a case dismissed BEFORE trial because the MANNER of death was NOT Homicide!
Learn what our client had to say about this case - Colorado Public Defender Recommendation Letter 04-17-2019
Dismissal of Homicide Charges - because death was a Suicide!
(Expert Consultation)
Our agency was retained to provide expert case review and consultation for an indigent homicide criminal defense, the charges included 2nd Degree Homicide. The decedent lived alone and was found on his bedroom floor with multiple stab and slashing wounds to the neck. The decedent was found by siblings, who had to remove a front door window pane to unlock and enter the apartment.
The findings from the forensic autopsy were Cause of Death by the multiple stab and incised wounds to the neck, including several ‘hesitation’ marks consistent with the decedent’s dominant hand usage. The toxicology was negative. The Manner of Death was Undetermined, as there was evidence of Homicide or Suicide and insufficient findings for either.
There were serious issues with the investigation and evidence - which supported suicide, and no other involved persons or any assault. Other than the bedroom, no blood was found in the apartment – and the bloodspatter evidence showed no other persons were near or approximate to the decedent at the time of his death. After the scene was released, the decedent’s siblings were allowed into the apartment. At a later time, they turned a purse into a small town marshall several miles from the small city police department they knew was investigating the death. Inside the purse, identified as the defendant’s was found a hair brush – with hair and blood. Testing showed the blood DNA was the decedent’s, and the hair DNA was the defendant’s. This was the only evidence connecting the scene, decedent, and defendant. The knife, on the bed, had only blood and DNA from the decedent.
The defendant was contacted and stated she had been with the decedent for about a week and had stolen the car, then abandoned it on a highway after running out of gas. She had told the decedent she was going to the liquor store and never returned – and did not take her purse, only her two cell phones. The cell phone tracking supported the defendant’s statements of activities before, during, and after being with the defendant. The Manner of Death had been changed to Homicide, additional suspects were also questioned and cleared; the defendant was arrested and charged.
The law enforcement investigation also found the decedent had a history of alcohol and other drug abuse, and had been hospitalized just days before – and historically – for suicidal ideations. Following the last discharge, the decedent had also made hallucinatory 911 calls of people outside the apartment and making active threats.
About one year following arrest, the trial was scheduled to start in late March. One week before trial, the prosecutor quietly filed a motion to dismiss – without even telling the defense attorneys. This dismissal was a result of the defense providing our findings, and the prosecution's interview of another defense expert – this death was a suicide, and not a homicide.
We know and respect the other expert well; however, we did not know of their involvement - as we are never told about other consulting experts. In sharing the news of the dismissal, our clients told us how important and appreciated it was for them to tell them the truth - good and bad - and, although unknown to each other, reached the same conclusions.
There are several nuances to this (evidence, chain of custody, etc.), which would have been raised at trial. Most important, this death was not a homicide - and that's why it was finally dismissed. It is one potentially wrongful conviction which did not happen. We simply do not see that very often.
Learn what our client had to say about this case - Colorado Public Defender Recommendation Letter 04-17-2019
(Expert Consultation)
Our agency was retained to provide expert case review and consultation for an indigent homicide criminal defense, the charges included 2nd Degree Homicide. The decedent lived alone and was found on his bedroom floor with multiple stab and slashing wounds to the neck. The decedent was found by siblings, who had to remove a front door window pane to unlock and enter the apartment.
The findings from the forensic autopsy were Cause of Death by the multiple stab and incised wounds to the neck, including several ‘hesitation’ marks consistent with the decedent’s dominant hand usage. The toxicology was negative. The Manner of Death was Undetermined, as there was evidence of Homicide or Suicide and insufficient findings for either.
There were serious issues with the investigation and evidence - which supported suicide, and no other involved persons or any assault. Other than the bedroom, no blood was found in the apartment – and the bloodspatter evidence showed no other persons were near or approximate to the decedent at the time of his death. After the scene was released, the decedent’s siblings were allowed into the apartment. At a later time, they turned a purse into a small town marshall several miles from the small city police department they knew was investigating the death. Inside the purse, identified as the defendant’s was found a hair brush – with hair and blood. Testing showed the blood DNA was the decedent’s, and the hair DNA was the defendant’s. This was the only evidence connecting the scene, decedent, and defendant. The knife, on the bed, had only blood and DNA from the decedent.
The defendant was contacted and stated she had been with the decedent for about a week and had stolen the car, then abandoned it on a highway after running out of gas. She had told the decedent she was going to the liquor store and never returned – and did not take her purse, only her two cell phones. The cell phone tracking supported the defendant’s statements of activities before, during, and after being with the defendant. The Manner of Death had been changed to Homicide, additional suspects were also questioned and cleared; the defendant was arrested and charged.
The law enforcement investigation also found the decedent had a history of alcohol and other drug abuse, and had been hospitalized just days before – and historically – for suicidal ideations. Following the last discharge, the decedent had also made hallucinatory 911 calls of people outside the apartment and making active threats.
About one year following arrest, the trial was scheduled to start in late March. One week before trial, the prosecutor quietly filed a motion to dismiss – without even telling the defense attorneys. This dismissal was a result of the defense providing our findings, and the prosecution's interview of another defense expert – this death was a suicide, and not a homicide.
We know and respect the other expert well; however, we did not know of their involvement - as we are never told about other consulting experts. In sharing the news of the dismissal, our clients told us how important and appreciated it was for them to tell them the truth - good and bad - and, although unknown to each other, reached the same conclusions.
There are several nuances to this (evidence, chain of custody, etc.), which would have been raised at trial. Most important, this death was not a homicide - and that's why it was finally dismissed. It is one potentially wrongful conviction which did not happen. We simply do not see that very often.
Learn what our client had to say about this case - Colorado Public Defender Recommendation Letter 04-17-2019