Mitch Morrissey, the elected Denver District Attorney, thinks that Denver juries are being negatively influenced by shows like CSI and Law and Order. Mr. Morrissey said he fondly remembers when a jury wasn’t informed about scientific evidence like fingerprints, ballistics, or DNA. Now, they expect prosecutors to prove charges with this kind of evidence. In Colorado jurisdictions like Denver, Arapahoe, and Adams County, prosecutors have the burden of proving criminal charges beyond a reasonable doubt. While prosecutors may want their jobs to be easier by keeping their jury pool uninformed, our jury system is one of the most important parts of our criminal justice system and it works best when we have an educated and engaged jury pool.
However, the fact is that prosecutors in Weld, Douglas, and Jefferson County would prefer to keep their juries uninformed so that they can continue to rely on weak evidence and emotion to obtain convictions. At the O’Malley Law Office, many of the cases we see are supported by circumstantial evidence. For example, let’s say a person is charge with a crime like Sexual Assault on a Child (C.R.S. 18-3-405) or some kind of Domestic Violence (C.R.S. 18-6-801) related crime like Harassment (C.R.S. 18-9-11). The entirety of a prosecutor’s case could be based upon the statement of the alleged victim without any substantiating physical evidence or DNA. In “he said/she said” cases like this, the case usually comes down to a contest of credibility, or who the jury likes the best. Prosecutors dress little girls up with pink dresses and ribbons, and give them a teddy bear. The more “innocent” looking they can paint the child, the more likely the jury will be moved by sympathy.
We congratulate the media for educating the jury on technology available to police and think officers should use these valuable tools in finding the truth. The truth finding process is cut short when officers are lazy. We recently had a case where officers did not take important photos or talk with witnesses. Even elementary tools police have at their disposal are often ignored in Broomfield County, Aurora, and Centennial.
As experienced criminal defense attorneys, the attorneys at the O’Malley Law Office are skilled in attacking the credibility of the person who is falsely accusing you of a crime. It can be frightening when you realize that you are being prosecuted for something you didn’t do solely based on another person’s lies. Do not fight this battle alone. If you are contacted by the Lakewood, Denver, or Thornton Police, be smart, exercise your right to remain silent and call us today at 303-731-0719. Together, we can protect your future.