District Attorneys in Denver, Douglas, and Jefferson County have robbed us, and have robbed our kids. They have changed the way we can interact with children who aren't our own. Even our actions around our own children must be guarded. This is because DA's throughout Colorado will charge men and women with serious crimes such Sexual Assault on a Child, Pattern of Abuse, and Position of Trust, with little or no evidence. These sex crimes result in lifetime or indeterminate prison sentences. We don't believe anyone should go to prison for the rest of their lives based solely on the word of a child. There is no way to prove beyond a reasonable doubt (as the law requires) when there is no evidence but a child's say so.
We Can't Be Alone with Kids Under the Current Law
Just last week I spent an entire week in court protecting a good man in Adams County on trial for Sexual Assault on a Child – an indeterminate sentence. He was watching a little girl as a favor for a friend in need. The little girl went home and got in trouble with her mother for something. During their conversation, the little girl told her mother that the man touched her between her legs on multiple occasions. Whenever I am confronted with stories like this, I am saddened. My client should never have been alone with the girl – not considering the current laws in Colorado. There was no evidence in the case against him, except the word of the little girl. The District Attorney still brought it to trial. By God's grace the truth won out and we won the case. But, it was a stark reminder of the injustice of our court system when it comes to sex crimes.
The Testimony of Children isn't Absolute Truth
I will say it as plain as I can: Children lie. There, I said it. I admitted that children are humans just like the rest of us. In fact, children can be master manipulators. They watch everything going on around them, and they learn which behavior gets them what they want. They deflect attention when they're in trouble by lying (as in my client's case). They lie to get a new step-dad out of their lives. Children lie, and this is nothing new. The problem is that now the police and District Attorneys are willing to go along with the charade. Many DAs in El Paso, Arapahoe, and Larimer County we have worked with know the accusations aren't true, yet they still go to trial. Why?[pullquote align=”center” textalign=”center” width=”100%”]Why Would DA's Take Cases to Trial With No Evidence?[/pullquote]
Reasons DA's Prosecute Sex Crimes Involving Children with No Evidence
They want the work: Stop and think about it: Prosecution is a District Attorney's job. They want the work. I have worked in the criminal justice system long enough to know of a few DAs who have taken cases to trial for the experience
They want to appease law enforcement: District Attorneys work daily with police officers and detectives who bring them cases. It is a sign of support for law enforcement when a DA files a case in the District Court.
They are afraid: District Attorneys are afraid of a Victim's Bill of Rights (VBR) complaint against them. If they don't take a case to trial, the alleged victim or her mother can file a complaint against them.
They want to play it safe: If a District Attorney takes a case to trial, they protect themselves from any blame. The jury decides who wins or loses – a DA isn't culpable once he or she takes a case to trial. No one can say the DA was unsupportive of a child. This is seen as their safest move.[pullquote align=”center” textalign=”center” width=”100%”]District Attorneys want the work, they want to appease law enforcement, and they are afraid – so they play it safe. This is unjust.[/pullquote]
Trials Without Evidence are Unethical
In my recent Sexual Assault on a Child case in Adams County, I found overwhelming evidence that the little girl was lying before the trial. Then, during trial, the little girl made up an intricate story during her testimony which was a blatant lie. The DA still moved forward in the case. She was afraid of the “victim's” mother and the possibility of a VBR complaint. The terrifying thing was that my client's life was on the line. If he had been convicted, he would likely have spent the remainder of his life in prison. The DA blindly ignored the evidence and put my client's life on the line. Not to mention taking up the time of 13 jurors and wasting court time. District Attorneys across Colorado are misusing the justice system just like the DA in the Adams County case. Because of this, they have robbed us of the ability to be affectionate and physically supportive with children.Request a Free Consultation