The People of the State of Colorado, Petitioner v. Dherl Jefferson, Respondent

Summary

The court held that the trial court abused its discretion by allowing the jury unrestricted access during deliberations to a DVD containing the child victim’s forensic interview because the court relied on factors derived from a subsequently rejected analysis and failed to assess the risk of undue emphasis. The error was not harmless because the DVD was central to the prosecution’s case, supplied details missing from the victim’s trial testimony, and left the court with grave doubts about its effect on the verdict and fairness of the proceedings. The court affirmed the court of appeals’ judgment and remanded for further proceedings consistent with its opinion. Justice Boatright, dissenting, would have upheld the trial court’s exercise of discretion or alternatively remanded for clarification of the ambiguous record.