CENTENNIAL — A judge refused a request from Aaron Thompson’s defense team Monday to drop all charges against him because prosecutors withheld information in the case.
Instead, the jury will hear in their instructions before closing arguments today that prosecutors failed to disclose that they found a white Ford Mustang that Thompson used and it was not the fault of the defense.
Prosecutors made the car public Wednesday after the defense finished putting on its case — even though the district attorney’s office knew police found the car Sept. 1.
District Judge Valeria Spencer called the prosecution’s failure to disclose the information “very, very” troubling.
“It has left the community in an uproar about whether justice would be served in this case,” Spencer said.
Thompson is on trial in the death of his daughter, Aaroné, who would have been 6 years old when he reported her missing in November 2005. Authorities think she died two years earlier.
Defense attorney James Karbach asked that all 60 charges against Thompson be dismissed.
“There were many opportunities in which it would have been logical for the district attorney to contact the defense,” Karbach said.
But Spencer said dropping the charges was not warranted because the Mustang was not key evidence in the trial. No blood or DNA was found in it.
Prosecutor Bob Chappell said it never occurred to him to tell the defense about the car. Prosecutor Amy Richards said she was focused on the trial and didn’t give it much thought either.
She said the district attorney’s office was informed Sept. 1 about the car but did not know about the test results until Sept. 9, at which time the defense was notified.
“There is no pattern of neglect here,” Richards said. “This is a one-time mistake.”
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
