Less than a month after Denver’s new district attorney took office, two of its criminal cases were dismissed for evidence violations, court officials confirmed Monday.
Matt Jablow, a spokesman for the Denver District Attorney’s Office, did not say which two cases were dismissed or what specific discovery rules were violated.
Jablow said no such records existed for either case, an indication that the cases likely were sealed.
“Because our office takes our discovery obligations with the utmost seriousness, I was deeply concerned by last week’s rulings,” District Attorney John Walsh said in an emailed statement to The Denver Post. “We are actively working to address the concerns raised by the judges in those cases to ensure we comply at all times with the rules and regulations related to disclosure of evidence and information.”
Walsh, who was elected in November and took office on Jan. 14, did not elaborate on what concerns the judges raised.
According to an educational blog post from Masterson Hall, a group of , discovery violations are “serious breaches that can compromise the fairness of legal proceedings” and often involve withholding evidence or disclosing it late, such as right before a trial begins.
In Colorado, prosecutors are required to disclose all relevant evidence to the defense, including witness statements, police reports, and expert evaluations, according to the law group.
“Discovery violations can undermine the integrity of the judicial process, potentially leading to wrongful convictions or unfair trials,” . “When a prosecutor withholds evidence or fails to provide timely disclosures, the defense is left at a disadvantage, unable to adequately prepare for trial. This breach not only impacts the defendant’s right to a fair trial but also erodes public confidence in the criminal justice system.”
