People’s Response to Defense Motion to Dismiss for Pre-Indictment Delay (Colorado v. Cumberbatch)
District Attorney’s Office, Denver, CO | Aug 15, 2022
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:
statute of limitations (found to be not applicable to first-degree murder charge),
state’s failure to preserve evidence (addressed and rejected),
unavailability of witnesses and “other suspects” due to lapse of time (addressed and rejected), and
constitutional due process violation (rejected due to no constitutional right to a “speedy arrest”).
1) People’s Motion in Limine
2) People’s Response to Defense Motion to Dismiss for Pre-Indictment Delay
3) People’s Response to Defense Evidence Destruction Motion...
Prosecution argues that absent a showing of apparent exculpatory value of evidence not preserved and absent bad faith in not preserving such evidence, there is no basis for a due process violation and dismissal of the case...
Prosecution’s motion in limine in a 1994 Colorado murder-sexual offense case. The prosecution sought to admit several “sanitized” police contacts with the defendant in Denver in 1994. This motion in limine was an attempt to limit prejudicial elements of the police contacts...
