People v. Rector
2011 WL 873157
Colo.2011Background
- Rector and husband were foster parents to T.D. in 2004; T.D. suffered severe head trauma while in Rector's care.
- Rector claimed she was in the shower when the injury occurred; conflicting witness accounts regarding timing.
- Medical evidence showed non-accidental head trauma; Rector called 9-1-1 and delayed medical care by about 45 minutes.
- Rector was charged with felony child abuse under §18-6-401(1)(a) and (7)(a)(III), C.R.S. (2010).
- Rector moved for a Shreck hearing to challenge expert testimony on shaken-baby syndrome; motion was broad and did not specify Dr. Sirotnak.
- Trial court admitted treating physicians as experts under CRE 702; Dr. Sirotnak testified that injuries were the result of abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused Shreck analysis on Dr. Sirotnak testimony. | Rector contends Shreck required reliability findings. | People maintained no such pretrial hearing was necessary. | No abuse; pretrial Shreck not required given the framing of the motion. |
| Whether Dr. Sirotnak's medical diagnosis of child abuse usurped the jury's role under CRE 704. | Rector argued it improperly stated legal conclusions. | testimony did not improperly state applicable law; jury instructed on law. | Not plain error; did not usurp jury’s role. |
| Whether the admission of Dr. Sirotnak's medical abuse testimony requires CRE 704-based objections or jury instructions to preserve error. | No contemporaneous objection to CRE 704 or to jury instruction on definitions. | Waiver applies; not preserved for appeal. | Waived; plain-error review upheld the court's decision. |
| Whether the court properly admitted Dr. Sirotnak's testimony under CRE 702 after Shreck considerations. | A more explicit reliability inquiry was warranted. | Trial court reasonably admitted expert as qualified and helpful. | Admission proper; no CRE 7402 abuse found. |
Key Cases Cited
- People v. Shreck, 22 P.3d 68 (Colo. 2001) (established Shreck framework for reliability and prejudice in expert testimony)
- People v. Whitman, 205 P.3d 371 (Colo.App. 2007) (trial court may resolve admissibility without an evidentiary hearing)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (U.S. 1999) (Daubert-inspired factors may guide reliability analysis)
- People v. Martinez, 74 P.3d 316 (Colo. 2003) (examined admissibility of shaken-baby syndrome testimony)