People v. Reed
2013 WL 3943246
Colo. Ct. App.2013Background
- On Feb. 11–12, 2007, Reed left a gathering with his girlfriend (the victim); she was later found dead from asphyxiation/strangulation in her locked bedroom. Reed was arrested the next day after crashing the victim’s car during a police pursuit; syringes and the victim’s property (credit cards, checks, purse) were in the car. A Visa gift card in another man’s name (G.F.) with no available funds was also recovered.
- Reed admitted to significant cocaine use; several witnesses and physical evidence corroborated his drug addiction. Prosecutors theorized he killed the victim to steal property or obtain money for drugs or to pay a debt.
- Reed was tried on multiple counts: first-degree murder (after deliberation and felony murder), aggravated motor vehicle theft, criminal possession of financial devices (four or more devices and two different names), robbery, and theft. The jury convicted him of second-degree murder (lesser included), aggravated motor vehicle theft, theft, and criminal possession of financial devices; acquitted on some first-degree counts and robbery.
- Post-trial Reed moved for a new trial alleging prosecutorial misconduct for witnesses’ references to his prior incarceration/parole; the trial court denied the motion. Reed also challenged admission of res gestae and certain hearsay evidence, and moved for judgment of acquittal on the financial-device charge.
- The appellate court affirmed on all issues except it reversed the two-name financial-device conviction: the Visa gift card with no funds was not proven to be a “financial device” capable of being used, so that element failed as to the two-name theory; however, possession of four or more devices linked to the deceased victim was supported, so the conviction was reduced to that lesser included offense and remanded for resentencing. The court also upheld aggravated-range sentencing based on Reed’s federal supervised release being analogous to parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct / new trial | Prosecution failed to prevent three witnesses from mentioning Reed’s prior convictions/parole, warranting a new trial | Statements were non-responsive or not solicited by prosecutor; remedies/cautions would cure any prejudice | No abuse of discretion; no new trial (no reversible prejudice) |
| Admission of res gestae evidence (threat to witness LH.) | Testimony was inadmissible character/other-acts evidence and prejudicial | Evidence showed context of drug use/relationship, admissible as res gestae | Even if error, admission was harmless given volume of other evidence |
| Admission of hearsay to establish vehicle repair value | Hearsay (co-owner’s repair estimate) improperly admitted under §18-4-414(2) | Statute allows sale-price hearsay; photos and detective testimony also showed >$500 damage | If erroneous, admission was harmless—other admissible evidence supported >$500 value |
| Judgment of acquittal on financial-device charge (four+ devices & two names) | Reed argued card in G.F.’s name with no funds was not a “financial device” capable of use, so conviction insufficient | Prosecution argued the gift card could have been usable (past use, possible merchant acceptance, or other ways to render usable) | Reversed as to two-name theory: insufficient evidence that G.F.’s depleted gift card was capable of use. Conviction stands as lesser included offense (four+ devices) and remanded for resentencing |
| Aggravated-range sentencing based on being "on parole" | Reed: federal supervised release is not parole, so statutory aggravator inapplicable | State: federal supervised release functions like parole (similar purposes, restrictions), so aggravator applies | Federal supervised release treated as parole for §18-1.3-401(8)(a)(I); aggravated sentences affirmed |
Key Cases Cited
- People v. Shreck, 107 P.3d 1048 (Colo. App. 2004) (prosecutor does not commit misconduct by nonresponsive witness statements he did not elicit)
- People v. Quintana, 882 P.2d 1366 (Colo. 1994) (res gestae admissibility and trial court discretion)
- Yusem v. People, 210 P.3d 458 (Colo. 2009) (harmless-error standard for evidentiary rulings)
- Bloom v. People, 185 P.3d 797 (Colo. 2008) (curative instructions can cure prejudicial testimony)
- People v. Patterson, 582 P.2d 342 (Colo. 1978) (guilt of lesser included offense implicit in verdict for greater offense)
- People v. Stevenson, 881 P.2d 883 (Colo. App. 1994) (criminal possession of financial device requires proof of possession of another’s device)