Supreme Court of Colorado

John Arthur Debella, Petitioner v. the People of the State of Colorado, Respondent

June 7, 2010233 P.3d 664

Summary

The court held that the trial court abused its discretion by giving the jury unrestricted access during deliberations to a videotaped interview of the child victim without assessing whether that access would create unfair prejudice. Because the record did not show that the trial court exercised the required discretion and the videotape was central to the prosecution's case, the court had grave doubts about the effect on the fairness of the trial and reversed the court of appeals. No separate opinions were filed.