Colorado Springs Criminal Law Blog

The Colorado Supreme Court recently ruled that Colorado Springs police should have warned a child pornography suspect that he had the right to remain silent and the right to an attorney before they questioned him according to an article in The Gazette.

In the case of People v. Holt, the court stated that Holt should have been read his Miranda rights before police questioned him. In Holt's case, the police arrived at his home one night and entered the house with their guns drawn. They removed Holt from the home, handcuffed him, and placed him in the back of a patrol car, where they interrogated him for about 25 minutes until Holt admitted his computer contained images of child pornography.

During Holt's trial, the trial judge ruled that Holt's statements in the back of the police cruiser were inadmissible because the police officers’ failure to read Holt his rights violated Holt's Fifth Amendment right not to incriminate himself. In the landmark case of Miranda v. Arizona, the U.S. Supreme Court ruled that criminal suspects have a right to remain silent and to consult an attorney if they are in the custody of law enforcement and are being interrogated.

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Jury selection began recently in the trial of a self-professed white supremacist charged with shooting a woman in the parking lot of a Colorado Springs apartment complex during a bungled robbery according to The Gazette. The victim was sitting in her vehicle when a bullet shattered the rear window and hit her below the shoulder. She died at Memorial Hospital.

According to the police officer who testified at the preliminary hearing, the defendant's alleged partner told police that the defendant had told him to pull into the parking lot and alongside the SUV, where the defendant allegedly asked the victim for directions. As they pulled away, the defendant's partner claims the defendant pulled out a gun and shot once into the SUV, killing the victim.

The officer also testified that the defendant's alleged partner described the defendant as a prospective member of the American Nazi party and that the defendant has a number of tattoos depicting white supremacist symbols, including a swastika. The shooting occurred on the same night as a gathering of other American Nazi party members, but the officer did not say whether the two were related.

The defendant's alleged partner pled guilty to aggravated robbery and being an accessory to a crime, which are criminal charges in Colorado, about one week before the trial began. He will be sentenced after the defendant's trial and faces 20 to 34 years in prison for the offense. The plea agreement allows for the defendant's alleged partner to serve his sentence in another state for his own protection.

Facing trial on a criminal charge is a harrowing experience. If you've been charged with a crime, don't hesitate to contact the experienced Colorado Springs criminal defense attorney at The Bussey Law Firm, P.C. Our attorneys will examine the details of your case and fight to win you the best possible outcome. Call us today at 719-475-2555 for a free and confidential consultation.