People v. Jefferson

Summary

The Colorado Supreme Court held that the trial court abused its discretion by granting the jury unrestricted access during deliberations to a DVD containing a child sexual assault victim’s forensic interview. The trial court relied on an analysis from a Court of Appeals decision that the Supreme Court had subsequently reversed, and it failed to exercise the requisite caution against the jury giving the DVD undue weight. Because the DVD was central to the prosecution’s case and the error created grave doubts about the verdict and fairness of the proceedings, the court affirmed the judgment of the court of appeals and remanded for further proceedings.

Holdings

1. The trial court abused its discretion because it relied on factors drawn from a Court of Appeals decision that had been reversed and failed to employ the requisite caution to ensure that the jury would not give the DVD undue weight or emphasis.
2. The error was not harmless because the nature and importance of the DVD, the inconsistencies between the victim's recorded and trial accounts, the lack of physical evidence, and the absence of adequate mitigation measures left the court with grave doubts about the effect of unrestricted access on the verdict and fairness of the proceedings.

Questions Presented

1. Whether the trial court abused its discretion by granting the jury unfettered and unsupervised access during deliberations to the DVD of J.B.'s forensic interview.
2. Whether any abuse of discretion was harmless or instead required reversal of Jefferson's convictions and a new trial.

Disposition

affirmed