Denver prosecutors were unable to reach a plea agreement with the man charged with killing three members of a family with his pickup truck downtown last year.
There were discussions with Lawrence Trujillo that did not lead to a resolution, said Lynn Kimbrough, spokeswoman for District Attorney Mitch Morrissey. She said she could not comment further.
Trujillo’s attorney said Tuesday that his client’s confession should be thrown out because police beat him before he signed the document.
“They kicked him in the ear,” Rob Bernhardt said. “They messed him up pretty good.”
District Judge Robert McGahey on Tuesday postponed acting on the motion to suppress until he hears evidence about the allegation. Trujillo, 36, faces numerous charges, including vehicular homicide, in the Nov. 10 fatal accident at 15th and Arapahoe streets.
Prosecutors allege that Trujillo was drunk when he killed Rebecca Bingham, 39; her son, Garrison, 2; and daughter, Macie, 4.
Frank Bingham, Rebecca’s husband and the father of the two children, was present during motions hearings Tuesday and consulted with Morrissey several times between sessions.
Bernhardt told the judge he has medical records from Denver Health Medical Center corroborating Trujillo’s police-brutality allegation. He said Trujillo would not have signed the confession if he hadn’t felt threatened.
Kimbrough and Denver police spokesman John White said they could not comment about the beating allegation because the case is in court.
McGahey said he viewed a videotape of Trujillo signing his confession and “there is not one iota of evidence of any injury to Mr. Trujillo on that videotape.” But in the interest of fairness, he said he will allow the defendant to present his evidence at a hearing next week.
McGahey denied other motions to suppress evidence, including a test that found Trujillo’s blood alcohol to be 0.156, or nearly twice the legal limit for drivers. He also denied a request for a change of venue but said the request could be made again later.
Bernhardt said authorities did not perform the blood-alcohol test in a timely manner and failed to follow state-mandated procedures for performing the test.
But prosecutor Lamar Sims said there are exceptions to the time limits, including when a suspect flees the scene of an accident.
Eric Snell, 35, who police say was a passenger in Trujillo’s truck, also appeared in court Tuesday, but hearings to exclude evidence in his case were postponed until next week.
Snell is asking that evidence against him be thrown out because of what he calls an illegal stop and arrest by police. He is charged with accessory to a crime and driving under the influence.
Staff writer Kirk Mitchell can be reached at 303-954-1206 or kmitchell@denverpost.com.
