People v. Bernard
305 P.3d 433
Colo. Ct. App.2013Background
- Mandatory protection order issued on August 11, 2011, naming Bernard as restrained person and the victim and her son as protected parties; order required he stay away and vacate the home and he was advised of it during a video advisement.
- On August 15, 2011, the victim testified Bernard called to wish her a happy birthday and planned to retrieve clothes left outside her door.
- Early August 16, Bernard arrived at the victim’s apartment, banged on doors and windows, attempted to re-enter, and threatened to harm her if she called the police or went to court.
- The victim called her mother and then the police during the incident; police located Bernard in a basement storage room in the victim’s apartment complex and arrested him.
- Bernard was charged with one count of intimidation of a witness and one count of violation of the protection order; the witness intimidation charge was acquitted, but he was convicted of violating the protection order.
- Defendant testified that he was living with the victim and had spent the entire day of August 15 with her, providing context for the violation finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper authentication of an email under CRE 901 | Bernard argues lack of authentication; victim acknowledged sender identity. | Bernard contends email not properly authenticated. | Email properly authenticated; admissible evidence. |
| Sufficiency of evidence to prove violation of a protection order | Evidence showed Bernard violated the order by contacting and approaching the victim. | Bernard contends insufficient evidence to prove violation beyond reasonable doubt. | Sufficient and substantial evidence supports conviction. |
Key Cases Cited
- People v. Ibarra, 849 P.2d 33 (Colo.1993) (basis for evidentiary rule review)
- People v. Huehn, 58 P.3d 733 (Colo.App.2002) (authentication standards for evidence; CRE 901)
- Crespi, 155 P.3d 570 (Colo.App.2006) (authentication by contents and circumstances)
- United States v. Fluker, 698 F.3d 988 (7th Cir.2012) (treatment of email authentication under FRE 901)
- United States v. Siddiqui, 235 F.3d 1318 (2d Cir.2000) (email authenticity considerations)
- Dempsey v. People, 117 P.3d 800 (Colo.2005) (standard for de novo review of sufficiency of evidence)