People v. Smith
2011 WL 32468
Colo. Ct. App.2011Background
- Purses were stolen from four women at a Jefferson County day care between Jan 25 and Feb 12, 2007; stolen checks and credit cards were used without permission.
- Codefendant Michelle Schreiber was identified via eyewitness and video evidence as involved in some purchases with the stolen cards; defendant was seen with codefendant during some transactions.
- Both defendants were charged in Jefferson County with conspiracy to commit theft, with codefendant named as coconspirator; they were also charged in Adams County with similar fraudulent purchases.
- Trial was reset due to a continuance request; codefendant’s Fifth Amendment privilege was invoked during trial testimony.
- The prosecution admitted a four-page letter from codefendant in the Adams County case; the jury ultimately found Smith guilty of conspiracy to commit theft.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether codefendant’s Fifth Amendment invocation violated Smith’s right to present a defense. | People contends invocation did not infringe Smith’s defense rights. | Smith argues Fifth Amendment protection should not bar relevant testimony. | Codefendant properly invoked Fifth Amendment; Smith’s right to present a defense not violated. |
Key Cases Cited
- Griffin v. Western Realty Sales Corp., 665 P.2d 1031 (Colo. App. 1983) (testimony can be a link in the chain of evidence)
- Hoffman v. United States, 341 U.S. 479 (U.S. 1951) (liberal construction of Fifth Amendment privilege)
- Villa v. People, 671 P.2d 971 (Colo. App. 1983) (test for absolute certainty that testimony cannot incriminate)
- People v. Coit, 50 P.3d 936 (Colo. App. 2002) (Sixth vs Fifth Amendment rights balancing)
- Mitchell v. United States, 526 U.S. 314 (U.S. 1999) (sentencing and future testimony may implicate self-incrimination)