Anyone charged with a crime in Colorado, may want to use the name and other facts about another person to suggest to a jury that they committed the crime and not the charged person. Other facts might include another’s presence nearby, similar crimes by another, or even an admission of another. This evidence would have a tendency to make a jury believe there is a possibility that the Alternate Suspect committed the crime and not the defendant. Of course, district attorneys would not like a jury hearing this evidence, since it decreases the chance that they would convict the charged defendant. As a result, DAs would file an objection and tell the judge that the defendant has not met the requirements for the presentation of Alternate Suspect Evidence.
What are the Requirements of Presenting Alternate Suspect Evidence at Your Criminal Trial?
In a 2024 Colorado Supreme Court case called People v. Dye, the Supreme Court stated three rules for use of Alternate Suspect Evidence at trial. Those three rules are:
- provide notice of your intent to introduce alternate suspect evidence,
- identify any alternate suspects in accordance with the court opinion, and
- produce the addresses of any alternate suspects he intends to call at trial.
There are more specific requirements within these three rules, such as time limitations for the filing, but this is basically what fair play looks like in the court system. The court may want to set the issue for a hearing, at which time several legal principles for Alternate Suspect Evidence will be at issue.
How is an Alibi Defense Different from an Alternate Suspect Defense in a Larimer County Criminal Court?
An Alibi Defense means that a defendant will rely on the fact that he or she was at another location at the time of the crime and therefore simply could not have committed the crime. This defense is subject to a very early disclosure time period rule, and a few other requirements including naming the witnesses the defendant will call at trial and their addresses. Courts want to be sure that the DAs and government officials have an opportunity to defend against this defense and not be subject to surprise.
The Alternate Suspect Defense is a bit different. The location of the defendant is not so important, but the identity of another person who could have committed the offense is. The Alternate Suspect Evidence does not need to decide the case as an Alibi defense does. Simply putting forth evidence which shows a connection between another person and the crime, might create enough reasonable doubt to convince a jury that you are not guilty. It is not necessary to present evidence proving the alternate suspect is guilty.
Telling the jury that you did not commit a crime and that another person did it, or that you were not even present and were at another location, are powerful techniques to winning your criminal jury trial. This evidence establishes reasonable doubt, which should direct at jury to find you not guilty of the charged crime.