People v. Wilson
2014 COA 114
Colo. Ct. App.2014Background
- Defendant Jacob Roy Wilson appeals judgments of conviction for two counts of sexual assault (sufficient consequence to cause submission).
- A.M., intoxicated at the time, testified to being assaulted in a Denver parking garage after meeting Wilson and his friend.
- DNA found on A.M.’s face/neck matched Wilson; DNA mixture from underwear could also be from Wilson’s friend.
- Defense argued A.M. had memory gaps and may have manufactured details; argued evidence suggested consensual sex.
- Jury convicted on two counts; trial court sentenced Wilson to 16 years to life in DOC.
- Mittimus incorrectly stated four counts; this Court remands to correct mittimus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Challenge for cause to jurors | R, W, S showed potential bias against prosecution or police | Court should have dismissed biased jurors for cause | Court acted within discretion; no reversible error on challenges for cause |
| Impeachment of A.M. on credibility | Cross-exam should establish motive to lie; narcotics arrest collateral | Narcotics arrest relevant to truthfulness under 608(b) | Trial court did not abuse discretion; restriction proper; no plain error |
| Prosecutorial misconduct in closing | Prosecutor vouched for truthfulness and urged plausibility via external factors | Arguments were improper but not plain error; did not undermine fairness | No plain error; arguments within bounds given instructions and evidence |
| Prosecutor’s reenactment/experiments during trial | Prosecutor invited jurors to test A.M.’s account via reenactment | Reenactment request improper and prejudicial | Not plain error; improper but not reversible under the circumstances |
Key Cases Cited
- Morrison v. People, 19 P.3d 668 (Colo. 2000) (juror disqualification standard; bias in voir dire)
- People v. Shreck, 107 P.3d 1048 (Colo.App. 2004) (great deference to trial court on challenges for cause)
- Phillips, 219 P.3d 798 (Colo.App. 2009) (juror credibility and open-mindedness; denial of for-cause preserved if capable of fair trial)
- Merrow, 181 P.3d 319 (Colo.App. 2007) (voir dire bias analysis; preservation of challenges)
- Richardson, 58 P.3d 1039 (Colo.App. 2002) (abuse of discretion standard for voir dire rulings)
- Doubleday, 2012 COA 141 (Colo.App. 2012) (denial of challenge for cause; discretion preserved)
- Roldan, 353 P.3d 387 (Colo.App. 2011) (bias in favor of police; comparison to present juror context)