Colorado Court Finds El Paso County District Attorney Withheld Evidence in Homicide Case

McCabe Law has represented Deb Nicholls since 2019, navigating years of complex litigation related to prosecutorial misconduct.

BOULDER, CO, UNITED STATES, May 18, 2026 /EINPresswire.com/ -- In a significant ruling involving prosecutorial accountability in Colorado, an El Paso District court judge determined that the District Attorney’s Office withheld exculpatory evidence during a homicide trial. The court found that the prosecution committed a Brady violation, which refers to the failure to disclose evidence favorable to the defense.

The ruling followed a five-day evidentiary hearing during which multiple witnesses testified, including the former prosecutor involved in the original case (El Paso County CO 07CR5429). After reviewing testimony and evidence presented during the hearing, the presiding judge concluded that material evidence was withheld from the defense, which likely would have changed the outcome of the trial. The prosecution had worked with an analyst at CBI in 2006 and knew they sided with the defense expert, finding that there was no support for arson with an accelerant and withheld that information from the defense, the judge, and the jury. The prosecution hid the evidence, failed to call that witness at trial, and instead cast the defense expert as a hired gun who was unreliable.

A Brady violation arises when prosecutors fail to disclose evidence favorable to the accused that is material to guilt or punishment. The obligation stems from the United States Supreme Court’s decision in Brady v. Maryland (1963). Courts recognize such violations as serious constitutional concerns because withheld evidence may affect a defendant’s ability to receive a fair trial.

According to court findings, McCabe Law along with the Korey Wise Innocence Project (KWIP) spent years investigating the case, filing legal motions, and pursuing the evidentiary hearing that led to the ruling. During the hearing, attorneys questioned witnesses under oath, cross-examined the former prosecutor, and presented evidence related to the withheld materials.

The case is currently scheduled for a status conference on March 27, 2026, during which the court is expected to address the next phase of proceedings following the Brady ruling. McCabe Law will continue representing its client as the matter proceeds.

This ruling reflects the importance of thorough criminal defense representation in serious felony matters and highlights the role post-conviction litigation can play in reviewing constitutional concerns raised during criminal proceedings.

About McCabe Law

McCabe Law’s team of Boulder criminal defense attorneys has represented clients throughout Colorado for more than 20 years. The firm focuses exclusively on criminal defense and protection order matters. McCabe Law attorneys have extensive trial experience handling serious felony and misdemeanor cases in courts across Colorado.

Firm attorneys are active in Colorado’s legal community and hold leadership positions in organizations including the Colorado Criminal Defense Bar and the Boulder Bar Association.

Janene McCabe
McCabe Law
+1 720-818-9258
https://www.mccabe-law.net/contact-us/

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