The People of the State of Colorado, Plaintiff-Appellant v. Daniel S. Gutierrez, Defendant-Appellee.

Summary

The court held that the trial court did not abuse its discretion by refusing to allow the prosecution's unavailable witness to testify remotely at the hearing on the motion to suppress the defendant's post-arrest statements. The trial court had repeatedly accommodated the witness's absence, warned that the prosecution would need the witness to meet its burden, and reasonably required in-person testimony because credibility was important. The suppression order was affirmed, and the case was remanded for further proceedings.