COLORADO SPRINGS — An El Paso County judge tossed all charges against a rape suspect last week after the latest misstep by prosecutors in turning over evidence against him.
The May 9 ruling by 4th Judicial District Judge Jann P. DuBois capped the second mistrial in two months for Johnathon Benjaman Hall, 25, a Colorado Springs parolee accused in the violent rape of his estranged wife in January 2015. Despite being cleared of sex assault charges, Hall remains in custody without bond pending a parole hearing, jail records show.
The case dismissal means that Hall, who was jailed for 16 months on sex assault charges carrying the potential for a life term in prison, will not be prosecuted unless a higher court intervenes to reinstate the case. Prosecutors say they are exploring grounds for an appeal.
Both mistrials resulted from failures by the District Attorney’s Office to turn over all its evidence before trial, raising new questions about prosecutors’ methods of storing and distributing electronic material including police reports and forensic findings.
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