July 22, 2018

Colorado Court of Appeals: Prosecutor Committed Misconduct by Repeatedly Referencing Other Bad Acts Not Properly Admitted at Trial

The Colorado Court of Appeals issued its opinion in People v. Fortson on Thursday, April 5, 2018.

Sexual Assault on a Child—Prosecutorial Misconduct—Character Evidence—Other Acts Evidence.

A jury found Fortson guilty of one count of sexual assault on a child and one count of sexual assault on a child as a part of a pattern of abuse.

On appeal, Fortson contended that the prosecutor improperly referenced and elicited evidence of other acts of sexual assault and sexual misconduct for propensity purposes and that she did so without first seeking to admit the evidence, presenting an offer of proof, or obtaining a ruling. The prosecutor committed misconduct when she repeatedly introduced, referenced, and argued to the jury that defendant previously committed uncharged sexual assaults against four other girls and the victim. The prosecutor did not seek the admission of the alleged uncharged sexual assaults for a proper purpose and improperly used this evidence for propensity purposes. The prosecutor’s pervasive misconduct undermined the fundamental fairness of the trial and cast serious doubt on the reliability of the judgment.

The judgments of conviction were reversed and the case was remanded.

Summary provided courtesy of Colorado Lawyer.