District Attorney’s Office, Denver, CO
People’s Response to Defense Motion to Dismiss for Pre-Indictment Delay (Colorado v. Cumberbatch)
Charges for a 1994 homicide brought in 2020 only when advances in forensic capabilities led to a DNA ‘hit’ of the defendant in the Combined DNA Index System in 2018. The following claims were made by the defense: 1) statute of limitations (found to be not applicable to first-degree murder charge), 2) state’s failure to preserve evidence (addressed and rejected), 3) unavailability of witnesses and “other suspects” due to lapse of time (addressed and rejected), and 4) constitutional due process violation (rejected due to no constitutional right to a “speedy arrest”).