March 28, 2005

Contact: Lynn Kimbrough, 720-913-9025 

 COURT RULING RESULTS IN NEW TRIAL

The Denver District Attorney's Office is reviewing today's ruling by the Colorado Supreme Court involving the Auman case.

Denver District Attorney Mitch Morrissey is extremely pleased that the Colorado Supreme Court has upheld the state's felony murder statute and reiterated what lower courts have previously ruled: Auman's arrest did not end her liability for felony murder. (Ruling page 3)

The Court did reverse Auman's conviction of second-degree burglary, and in turn, reversed her conviction for felony murder, citing an error in a standard jury instruction.  The reversal was not based on the facts of the case, but rather the formatting of a jury instruction that concerned where the word "knowingly" appeared. (Ruling page 6) 

(The Court's ruling can be found online at http://www.courts.state.co.us/supct/opinions/2002/02SC885.pdf)

The judicial process allows the Colorado Attorney General's Office to now consider filing a petition for a re-hearing before the Colorado Supreme Court. Because of that possibility, the case remains in the hands of the state Supreme Court, pending a final decision and mandate.

DA Morrissey noted that both the prosecution and the defense are on the record as agreeing to the particular jury instruction in question during the trial.  This was the instruction as it was given to jurors:

The elements of the crime of Theft are:

 

(1) That the Defendant,

(2) in the State of Colorado, on or about November 12, 1997,

(3) knowingly,

(a) obtained or exercised control over,

(b) anything of value,

(c) which is the property of another,

(4) without authorization, or by deception, and

(5) with intent to permanently deprive the other person of the use or benefit of the thing of value.

Morrissey will continue his review of today's ruling and will await a final decision and mandate from the Colorado Supreme Court.

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