People v. Salazar
2012 CO 20
| Colo. | 2012Background
- Prosecution charged Salazar with sexual assault on a child and a pattern of abuse; ML was eight at the time.
- Salazar sought to introduce evidence of an alternate suspect, AG, including AG's alleged prior sexual conduct toward TS, to challenge ML's identification.
- Trial court admitted AG's alleged prior acts as both alternate-suspect evidence and under rape shield exceptions.
- ML identified Salazar as the perpetrator, but the court found identity at issue due to misidentification risk and other factors.
- People petitioned for relief; the court of appeals exercised original jurisdiction and held the trial court abused its discretion; remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of alternate-suspect prior conduct for identity | Salazar argues AG's acts show identity and motive, supporting defense. | AG's acts are probative of identity and admissible under relevancy rules. | Abuse of discretion; evidence not admissible for identity. |
| Rape shield applicability and exceptions | Exceptions under 18-3-407(2) make prior conduct relevant to identity. | Exceptions do not apply; evidence remains presumptively irrelevant and must pass 403 balancing. | Exceptions not applicable; balancing undermines admissibility; error to admit. |
| Balancing probative value against prejudice and confusion | Defense evidence would not unduly prejudice and would aid defense. | Evidence would confuse issues and mislead the jury. | Trial court abused its discretion; probative value did not outweigh risks. |
Key Cases Cited
- People v. Flowers, 644 P.2d 916 (Colo. 1982) (recognizes limits of similar-transaction evidence for defense)
- People v. Bueno, 626 P.2d 1167 (Colo. App. 1981) (case-by-case relevancy for alternative-suspect evidence)
- Mulligan, 193 Colo. 509 (Colo. 1977) (motive/opportunity alone insufficient without connecting acts)
- People v. MacLeod, 176 P.3d 75 (Colo. 2008) (rape-shield 18-3-407(2) integration with relevancy and proof)
- People ex rel. K.N., 977 P.2d 868 (Colo. 1999) (rape shield presumptions and exceptions framework)
- People v. Rath, 44 P.3d 1033 (Colo. 2002) (probative value and prejudice balance in abuse-of-discretion review)