CENTENNIAL — The lead prosecutor in the Aaron Thompson trial admitted today that he made a mistake in not presenting to the defense team evidence the prosecution had recently discovered.
“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, Aaroné.
But instead of telling the defense, Chappell had the car tested for blood and other potential evidence related to the girl’s death.
On Sept. 9, 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.
When informed by Chappell that there was nothing relevant discovered in the Mustang that related to Aaroné’s death, the judge was clearly not happy.
“I think you’ve missed the point here, Mr. Chappell,” Spencer said. “Without any excuses, this should have been disclosed.”
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 re-open its case and plans to call to the stand several witnesses related to the vehicle on Monday.
Closing arguments are scheduled for Tuesday.
Thompson faces charges of child abuse resulting in death and abuse of a corpse. Aaroné would have been 6 years old when Thompson reported her missing in November 2005. Authorities believe she died two years earlier.
Thompson also faces dozens of other child-abuse charges related to the other children who lived in the home on East Kepner Place.
This week, police played a videotaped interview with one of the sons of Thompson’s former live-in girlfriend, Shelley Lowe. The boy said that he saw Thompson beat Aaroné with a bat and that the Mustang was used to transport Aaroné so that Thompson could bury her.
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 Aaroné died and that he was likely lying about that story too.
Chappell did say that the 100 pages contained mostly information about the history of the car’s title, title and insurance fraud, and even three pages of oil changes to the Mustang.
He also was upset that a spokesman for the State Court Administrator’s Office informed the media about the disclosure of the 100 pages, even though there is a gag order in the case and the proceeding was done behind closed doors.
But that didn’t bother Spencer.
“That is not an issue whatsoever,” she said.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
