Sexual Assault on a Child is charged in Fort Collins and Larimer County when a person is accused of having sexual contact with a minor. When a person is accused, they are presumed innocent until proven guilty. Or so they say, but the public and media have decided everyone is guilty when an accusation is made – but, that’s a topic for another blog. Part of the judicial process is allowing the person to plead not guilty and taking the case to trial. At trial, the DA is responsible for proving beyond a reasonable doubt that the person committed the offense. The defense provides what they can through testimony and other forms of evidence that what the DA is presenting is not the truth. One of those forms of defense is an alibi defense. If you are accused of having sexual contact with a child on a specific date, and you have an alibi (could be another person, or video, or receipt, etc – basically something to show that the allegations couldn’t be true because you have proof that you weren’t with that person on that date) then you present that information at trial.
Alibi Defense and Sexual Assault on a Child: Changing the Dates at the Last Minute
Recently, an alibi issue came into play when a DA decided to change the dates of the alleged sexual contact in the midst of a trial. According to the report, the defense was presenting alibi witnesses pertaining to the dates of the alleged contact – stating that the defendant was out of town during the dates where the victim claimed they had sexual contact. The defense presented an alibi for the specific dates November 16, 2014 through March 29, 2015. However, at the last minute, with just one witness left to testify, the DA decided to change the offense dates from October 1, 2014 through March 29, 2015. The defense argued that they were not prepared to present anything related to October, but the judge didn’t care and allowed for the change in dates. According to law, you can change the information on the charging documents anytime before the jury reaches a verdict, but that change can’t encroach on the defendant’s rights. Apparently, the judge didn’t think that changing the dates at the last minute would negatively affect the defense’s ability to present their case. Like, really? The man was ultimately found guilty by the jury.
If at First You Don’t Succeed, Appeal and Appeal Again on an Alibi Defense Issue
The judge’s decision was appealed and the Colorado Appellate Court agreed with the trial judge, stating that they could change the dates and that change didn’t infringe on the defendant’s due process rights. The matter was then taken to the Supreme Court and logic prevailed. The man’s conviction was overturned and a new trial was ordered. Now, there is a chance that he may be found guilty again after the second trial – I don’t know specifics of his case – but, if he is able to present an effective alibi defense and the DA doesn’t play any dirty games trying to change things up at the last minute to get a win that is definitely not deserved, he could be acquitted of the charges.