The People Of The State Of Colorado, Petitioner-appellee,in The Interest Of A.D.T., Juvenile-appellant., 09CA0848.

Decision Date29 April 2010
Docket NumberNo. 09CA0848.,09CA0848.
PartiesThe PEOPLE of the State of Colorado, Petitioner-Appellee,In the Interest of A.D.T., Juvenile-Appellant.
CourtColorado Court of Appeals

COPYRIGHT MATERIAL OMITTED

John W. Suthers, Attorney General, John T. Lee, Assistant Attorney General, Denver, Colorado, for Petitioner-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Michele Westerlund, Deputy State Public Defender, Denver, Colorado, for Juvenile-Appellant.

Opinion by Judge GABRIEL.

A.D.T., a minor, appeals her adjudications for acts that, if committed by an adult, would constitute unlawful sexual contact and harassment. Because we conclude that the juvenile court erred by failing to review in camera eight of the nine Department of Human Services (DHS) files of the victim in this case, by failing to disclose certain documents from the file that it did review, and by failing to make sufficient findings to support its refusal to disclose other documents, we reverse the juvenile court's judgment and remand for further proceedings.

I. Background

On September 28, 2008, both A.D.T. and the victim were minors living in the Family Crisis Center (the Center). That day, A.D.T. was in the lobby of the Center when the victim returned from a game of kickball. A.D.T. allegedly stopped the victim and prevented her from returning to her unit. The girls then played tag and at some point danced. While they were dancing, A.D.T. allegedly touched the victim's breasts and vagina over her clothes.

Thereafter, a supervisor came to the lobby and discovered that the victim was there without authorization. The supervisor escorted the victim from the room, leaving A.D.T. behind. The victim then reported the incident to the supervisor, telling the supervisor that A.D.T. had warned her that if she told anyone what had happened, A.D.T. would kill her.

The supervisor contacted her superior and the Denver Police Department, and A.D.T. was arrested and taken into custody. A juvenile delinquency petition was subsequently filed, charging A.D.T. with unlawful sexual contact. The petition was later amended to add a second count of harassment.

Prior to trial, defense counsel learned that the victim may have sexually assaulted someone on a prior occasion. Counsel noted that this incident would “obviously” be in the DHS files of the victim's family, and counsel requested that the juvenile court review these files in camera and disclose any pertinent records. Counsel asserted particularly that such records might (1) show that the victim understood how allegations of sexual assault were made, which would rebut any expert testimony that children do not fabricate allegations of sexual assault on their own; (2) show whether the victim, rather than A.D.T., was the perpetrator; (3) provide information relevant to the victim's credibility; and (4) include prior false allegations of sexual assault made by the victim.

The prosecution objected to defense counsel's request, arguing that counsel's proffer was not specific enough and that counsel was engaged in a fishing expedition. The court, acting through a senior judge who was assisting the juvenile court judge assigned to the case, implicitly rejected the prosecution's assertion and found that A.D.T.'s offer of proof was sufficient to warrant in camera review of the DHS records. Because the DHS records concerning the victim's family comprised nine volumes, however, the court decided that only the most recent volume would be reviewed, notwithstanding defense counsel's contention that earlier files might contain relevant information. Specifically, the court noted that it made sense to narrow the review because it would otherwise become “overly oppressive.”

The court then ordered that the DHS records would be reviewed by the juvenile court judge who was presiding over both this case and the dependency and neglect proceedings concerning the victim's family and who was thus knowledgeable about the DHS records. That judge subsequently reviewed the ninth volume of the DHS records and determined, based on her “limited knowledge of the prosecution and defense cases,” that there was no basis to conclude that any of the material contained in that volume was discoverable.

Also prior to trial, defense counsel sought disclosure of a security video that was taken of the lobby of the Center at the time of the alleged incident. After viewing the video, the juvenile court judge entered an order allowing the parties to see it. The court further ordered the video to be available on the day of trial. The parties subsequently stipulated to the admission of the video into evidence. At trial, however, a senior judge, who was then presiding over the case, noted that he could not tell anything from the video. Thus, the court refused to admit the video into evidence or to allow defense counsel to use it to impeach the victim.

At the conclusion of the trial, which substantially turned on the respective credibility of A.D.T. and the victim, the juvenile court found A.D.T. guilty of both charges against her. A.D.T. now appeals.

II. DHS Records

A.D.T. first contends that the juvenile court abused its discretion in reviewing only one of the nine available DHS files and in failing to allow her access to those documents that might be necessary for the determination of an issue before the court. We agree.

A. Failure to Review All Records

We review a trial court's resolution of discovery issues for an abuse of discretion. People v. Denton, 91 P.3d 388, 391 (Colo.App.2003).

“There is no general constitutional right to discovery in a criminal case....” Weatherford v. Bursey, 429 U.S. 545, 559, 97 S.Ct. 837, 51 L.Ed.2d 30 (1977). To satisfy due process requirements under Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), however, a defendant must be provided with any information that is favorable to him or her and that is material to guilt or punishment. People v. Bachofer, 192 P.3d 454, 461 (Colo.App.2008).

If the state has an interest in the confidentiality of certain sensitive information, such as files regarding dependency and neglect proceedings, the court must balance that interest against the defendant's constitutional right to discover favorable evidence. See Pennsylvania v. Ritchie, 480 U.S. 39, 57-60, 107 S.Ct. 989, 94 L.Ed.2d 40 (1987). The Supreme Court has held that in these circumstances, the defendant's interests can be adequately protected by requiring that such files be submitted to the trial court for in camera review. Id. at 60, 107 S.Ct. 989. After such review, the court must release information that is material to the fairness of the trial. Id.

Consistent with these principles, and as pertinent here, section 19-1-307(2)(f), C.R.S.2009, provides that a court may review DHS records in camera if it concludes that the information contained therein “may be necessary for determination of an issue before [it].” The court should approach this threshold inquiry liberally and conduct an in camera review whenever it reasonably appears that the records may contain discoverable information. People v. Jowell, 199 P.3d 38, 43 (Colo.App.2008). Indeed, a court may violate a defendant's due process rights by failing to do so. See Exline v. Gunter, 985 F.2d 487, 490 (10th Cir.1993) (applying Colorado law and holding that trial court's failure to review department of social services records in camera violated the defendant's due process rights).

If, after completing its review, the court determines that disclosure of the information contained in the DHS records is “necessary for the resolution of an issue then pending before it,” the court is authorized to disclose that information to the parties. § 19-1-307(2)(f). Such disclosure, however, is not automatic or self-executing. Jowell, 199 P.3d at 42. Rather, to obtain disclosure of DHS records, “the defendant must request an in camera review, identify the type of information sought, and explain why disclosure of that information ‘is necessary’ under [section 19-1-307(2)(f) ].” Id.

Although a court's decision to disclose DHS records is necessarily fact specific id. at 43, several observations apply generally. First, under the due process principles discussed above, the court must disclose any information that is materially favorable to the defendant because it is either exculpatory or impeaching. Id. Second, although not required to satisfy a defendant's due process rights, the court should also disclose inculpatory information that would materially assist in preparing the defense. Id. Third, it may be significant, although not necessarily determinative, that the records contain information that, but for the particular statutory requirements for DHS records, would be subject to automatic disclosure under Crim. P. 16(1)(a)(1). Id.

A court's erroneous failure to disclose documents pursuant to the above-described procedure does not, in and of itself, establish prejudice or reversible error. To obtain a new trial for a discovery violation, a defendant must show a reasonable likelihood that the verdict would have been different had the pertinent information been disclosed before trial. Id. at 47; see also Strickler v. Greene, 527 U.S. 263, 280-82, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999) (a due process violation occurs only when (1) the state suppresses evidence that is “favorable to the accused, either because it is exculpatory, or because it is impeaching,” and (2) had this evidence been disclosed to the defense, there is a reasonable probability that the result of the proceeding would have been different); United States v. Bagley, 473 U.S. 667, 677, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985) (a new trial is not required when the prosecution has failed to disclose evidence that may have been useful to the defense but that would not likely have changed the verdict).

Applying these principles here, we conclude for two reasons that the juvenile court abused its...

To continue reading

Request your trial
10 cases
  • People v. Robles
    • United States
    • Court of Appeals of Colorado
    • 31 d4 Março d4 2011
    ...of discovery issues for an abuse of discretion. See Salazar v. People, 870 P.2d 1215, 1218 (Colo.1994); People in Interest of A.D.T., 232 P.3d 313, 316 (Colo.App.2010); People v. Denton, 91 P.3d 388, 391 (Colo.App.2003). A court abuses its discretion if its decision is manifestly arbitrary,......
  • Bartnick v. City of Englewood, Case Number: 2009CV1942
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • 30 d6 Junho d6 2012
    ...of discovery issues for an abuse of discretion. People v. Denton, 91 P.3d 388, 391 (Colo. App. 2003); see also People ex rel. A.D.T., 232 P.3d 313, 316 (Colo.App. 2010). The record reveals no abuse of discretion from the trial court.E. Judge Failed to Provide Bartnicks the "Nature of the Ca......
  • Zoll v. People, Supreme Court Case No. 15SC163
    • United States
    • Supreme Court of Colorado
    • 10 d1 Setembro d1 2018
    ...Six years after Kyle was decided, a different division of the court of appeals addressed a similar issue in People in Interest of A.D.T., 232 P.3d 313 (Colo. App. 2010). In A.D.T., A.D.T. appealed her adjudications for acts which, if committed by an adult, would have constituted unlawful se......
  • Wingfield v. Jacques
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • 13 d5 Março d5 2020
    ...18 (1977), a defendant must be provided with all favorable information that is material to guilt or punishment, People in Interest of A.D.T., 232 P.3d 313, 316 (Colo. App. 2010).C. AnalysisThe record shows that the court did not deny Wingfield access to the prosecution's list of witnesses a......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT