ASPEN, Colo.—An appeals court has overturned a Pitkin County district judge who criticized a deputy district attorney and barred key prosecution evidence in a vehicle theft case.
The Aspen Daily News reported Friday () that the Colorado Court of Appeals ruled District Judge Gail Nichols had abused her discretion.
Nichols said in August 2011 that Chief Deputy District Attorney Arnold Mordkin had failed to turn over evidence to defense attorneys in the vehicle theft case. She said Mordkin had a “pattern of violations,” noting evidence problems in four other cases.
The appeals court noted the five cases were unrelated and said Nichols’ decision was based on an erroneous understanding of what a pattern of violations is.
Mordkin says he expects Nichols to schedule a hearing to reinstate the evidence.
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Information from: Aspen Daily News,
