CENTENNIAL — The lead prosecutor in the Aaron Thompson trial admitted Friday that it was a mistake not to give the defense team newly discovered evidence before both sides rested their cases.
“It makes me a lousy lawyer,” prosecutor Bob Chappell said. “I didn’t even think about it.”
Chappell learned on Sept. 1 that police had just found a Ford Mustang at an impound lot that may have belonged to Thompson, who is on trial for the death of his daughter, Aarone.
But instead of telling the defense, Chappell had the car tested for blood and other potential evidence related to the girl’s death.
Late Wednesday, after the defense had already rested its case, Chappell turned over more than 100 pages of discovery relating to the Mustang.
Arapahoe County District Court Judge Valeria Spencer said not informing the defense of the car in a prompt fashion was a violation of the rules of evidence.
Chappell told Spencer that there was nothing discovered in the Mustang that related to Aarone’s death. Still, the judge was clearly not happy.
Defense to call witnesses
The defense did not ask for a mistrial or that any sanctions be brought against the prosecution “at this point,” but still has the option to do so.
However, the defense was allowed to reopen its case and on Monday plans to call several witnesses related to the vehicle, including authorities who examined the car. Closing arguments are scheduled for Tuesday.
Thompson faces charges of child abuse resulting in death and abuse of a corpse. Aarone would have been 6 years old when Thompson reported her missing in November 2005. Authorities believe she died two years earlier.
He also faces dozens of child-abuse charges related to the other children who lived in the Thompson home on East Kepner Place in Aurora.
This week, police played a videotaped interview with one of the sons of Thompson’s live-in girlfriend, Shelley Lowe. The boy said he saw Thompson beat Aarone with a bat and that the Mustang was used to transport Aarone so Thompson could bury her.
Disclosure amid gag order
However, the prosecution and defense on Friday noted that the boy, who is now 18, has given numerous and differing accounts of what happened when Aarone died and that he was likely lying about that story, too.
Chappell said that the 100 pages contained mostly information about the history of the car’s title and insurance fraud and even three pages of information about oil changes.
He was upset that a spokesman for the State Court Administrator’s Office informed the media about the disclosure of the 100 pages, though there is a gag order in the case and the proceeding was behind closed doors.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
