The Colorado Supreme Court ruled today that Weld County prosecutors cannot tell jurors about incriminating statements made by a rape and kidnapping suspect because he was in custody at the time and had not been properly advised of his rights.
Prosecutors conceded that Greeley police had not adequately told Juan Pascual of his rights to remain silent and have an attorney present, but they argued police weren’t obligated to tell him because he was not formally in custody during a 7 1/2-hour interrogation at the police station.
In a 4-3 decision, the high court said there was no indication that officers told Pascual he was free to leave, and that any person could have believed he was in custody under the circumstances.
The decision upheld a ruling by District Judge Gilbert Gutierrez.
In a dissenting opinion, Justice Rebecca Love Kourlis wrote that the trial judge should have studied those circumstances more carefully before making his decision. She said there was conflicting evidence and the judge’s findings did not support throwing out Pascual’s statement.
Pascual and two other men were questioned by Greeley police in October 2002 after a woman reported being kidnapped and raped.
Mario Velasquez-Marcos pleaded guilty and is expected to be sentenced to five years in prison.
Dagoberto Aguilar-Ramos was convicted of kidnapping by a Weld County District Court jury in February but acquitted on a rape charge.
In March 2004, the high court threw out Aguilar-Ramos’ incriminating statements, saying neither he nor the detective who advised him of his rights could effectively speak the other man’s language.
The same detective informed Pascual of his rights. The court said Pascual, who is Guatemalan, speaks a Mayan dialect called Kanjobal, understands some Spanish but speaks no English.
Greeley police spokesman Sgt. Joe Tymkowych did not immediately return a call today.
