People v. Ujaama
2012 COA 36
| Colo. Ct. App. | 2012Background
- Defendant Mustafa J. Ujaama killed Timothy Kaufman in Denver; wrapped the body and concealed it in a car trunk, which he then drove to Aurora and abandoned.
- LR. (8-year-old stepdaughter) testified by CCTV about witnessing Kaufman’s shooting; the jury heard LR.’s testimony and the defense contested confrontation rights but the court allowed CCTV testimony.
- Defendant claimed self-defense or defense to intruder entry; the People argued he lured Kaufman to the home by posing as S.R. to have sex and kill him.
- Cell phones of defendant, S.R., and Kaufman were not recovered, and phone records allegedly tying messages to the events were incomplete; the car and Kaufman’s body were not located until the next day.
- Defendant was convicted of first-degree murder after deliberation and aggravated motor vehicle theft; he received life without parole for the murder; on appeal, several post-trial challenges were raised, including confrontation rights and evidentiary/instructional issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation via closed-circuit TV admissible | LR.’s testimony via CCTV was necessary for her welfare. | CCTV deprived defendant of face-to-face confrontation without sufficient grounds. | No reversible error; Craig framework satisfied under statute. |
| Sufficiency of evidence for aggravated motor vehicle theft | Evidence showed concealment of Kaufman’s death with substantial steps. | Insufficient link between acts and concealment of death. | Sufficient evidence; conviction affirmed. |
| Make-my-day burden-shifting in instructions | Instructions properly reflected burden of proof for affirmative defenses. | Possible improper burden shifting regarding unlawful entry element. | Not plain error; instructions adequate when read as a whole. |
| Concealing death mental-state requirement | No explicit mental-state requirement for concealment death element. | Possibly missing required mental state under 18-1-508(4). | Not plain error; no mandated mental-state attached to the concealment element. |
Key Cases Cited
- Maryland v. Craig, 497 U.S. 836 (1990) (allowing CCTV testimony to protect child witnesses under certain conditions)
- People v. Rodriguez, 209 P.3d 1151 (Colo. App. 2008) (Confrontation rights limited by statute in Colorado permitting CCTV for child witnesses)
- Phillips, 91 P.3d 476 (Colo. App. 2004) (pattern instruction alignment with make-my-day defenses)
- Kaufman v. People, 202 P.3d 542 (Colo. 2009) (distinguishable combat-by-agreement context for plain error)