A defense attorney in a first-degree murder case asked that the Denver District Attorney’s be sanctioned for failing to share evidence until moments before the hearing.
The defendant, Timothy Boham, 25, is charged with murdering wealthy businessman John Kelso in his East 7th Avenue home on Nov. 13, 2006. Boham turned himself in to authorities at the Mexico border three days later.
At today’s hearing, pubic defender Steve Flavin asked that the DA’s office be sanctioned for handing him 673 pages of evidence just moments before Boham’s preliminary hearing was to convene before Judge Andrew Armatas.
“This is gross negligence on the part of the district attorney’s office and deserves some sort of sanction,” Flavin said to the judge. “The dates on these documents go back to November 15, 2006.”
Senior Deputy Diane Balkin argued that Flavin wasn’t entitled to all of the records prior to the preliminary hearing and that he already had been given the most important document in the case, that of Boham’s confession.
Balkin said some of the material had not been turned over to her by the Denver Police Department, who had been delayed by the recent snowstorms and by a high volume of homicides in the city.
Judge Armatas denied the request for sanctions but said, “If the prosecutors do it again, I may impose sanctions.” He continued the case until Feb. 6.
