Videos Login Subscribe Renew E-edition
logo
ePaper
coogle_play
app_store
  • News
  • Features
  • Opinion
    • Columns
    • Letters
  • Obituaries
  • Classifieds
    • Place a Classified
  • Advertise
  • Contact us
  • Legal Notices
    • Read Statewide Legal Notices
  • Archives
    • News
    • Features
    • Opinion
      • Columns
      • Letters
    • Obituaries
    • Classifieds
      • Place a Classified
    • Advertise
    • Contact us
    • Legal Notices
      • Read Statewide Legal Notices
    • Archives
High court overrules county judge
Photo by Africa Studio/AdobeStock
Main, News
By Erin McIntyre erin@ouraynews.com on October 2, 2024
High court overrules county judge
Evidence can be used in alleged sex assault case involving ex-police chief's home

The Colorado Supreme Court has overturned a county court judge’s decision to punish the district attorney’s office for not following evidence rules and prohibit evidence not provided to the defense by deadline from being used for a preliminary hearing in a sexual assault case.

In a 5-2 decision handed down Monday, the state Supreme Court justices ruled County Court Judge Sean Murphy abused his discretion and didn’t adequately support his decision to prevent the prosecution from including evidence in the preliminary hearing for Ashton Whittington.

The ruling removes the pause that has been in place for the case since late March, when Whittington was supposed to have that preliminary hearing.

Whittington is accused of giving a 17-year-old girl alcohol at his own 18th birthday party.

The woman told law enforcement she was sexually assaulted by two others at this party at the former Ouray police chief’s home in 2023.

The decision to overturn the county court judge’s decision is significant not only in Whittington’s case, but also for the cases of his co-defendants, Gabriel Trujillo and Nathan Dieffenderffer, the former police chief’s stepson.

Whittington has been charged with a class 2 misdemeanor for allegedly providing alcohol to the underage woman, a class 4 felony for contributing to the delinquency of a minor and a class 3 felony sexual assault. At this point the prosecution has not produced any evidence suggesting Whittington actually sexually assaulted the woman, but his arrest affidavit indicates he was present when she said the others committed the crime.

The state Supreme Court’s ruling means the prosecution can use all the evidence it has disclosed to the defense in an upcoming preliminary hearing, which requires the prosecution to show the court it has enough evidence to move forward with a trial.

The state has rules governing how evidence should be disclosed in court – the Colorado Rules of Criminal Procedure. The rule in question here is referred to as “rule 16,” requiring the district attorney’s office to hand over evidence to the defense it planned to use within 21 days of filing charges against Whittington. In this case, that means everything should have been provided to the public defender’s office by Jan. 17.

While the prosecution gave some evidence to the defense on Dec. 27, 2023, shortly after Whittington’s arrest, it did not hand over the rest within the 21-day window required by the state rules.

Instead, there were four more sets of evidence handed over in February and March. The justices noted in their decision that some of that evidence was in the hands of the prosecution during the 21-day disclosure window and it was not handed over. The high court also noted some of the evidence had errors prohibiting access, including broken links.

The dispute over the evidence escalated in February, when Whittington’s attorneys asked for evidence including a Snapchat video recovered from his phone, which the prosecution claimed supported the charges in his case, according to court records. Whittington’s attorneys also asked for body-worn camera footage of the search of the former police chief’s home, the alleged crime scene.

Whittington’s attorneys asked for this evidence again after his preliminary hearing was postponed until March.

About 90 minutes before the rescheduled preliminary hearing was set to begin on March 13, the prosecution handed over 11 videos, including the requested bodycam footage and a video interview with one of the codefendants, according to court records. Then seven more videos were provided to the defense.

At this point, when the prosecution provided this fifth set of evidence long after the 21-day deadline had passed, Chief Public Defender Patrick Crane filed a motion to dismiss Whittington’s case or impose sanctions on the district attorney’s office, citing concerns about a pattern of behavior with the district attorney’s office breaking evidence disclosure rules. In his motion, he specifically referenced 37 prior discovery violations committed by the district attorney’s office.

Though Murphy said he didn’t think the late or missing evidence was a result of any bad intent, he imposed a sanction on the prosecution, ruling that any evidence that wasn’t provided in the original 21-day window couldn’t be used in the preliminary hearing.

The hearing continued with one witness called to the stand, and then Murphy postponed the rest of the hearing.

The district attorney appealed Murphy’s decision two days after he made the ruling.

The justices did not hear oral arguments in the case and issued the ruling Monday without warning. In their written ruling, they ruled Murphy’s decision conflicted with a trial court’s duty to avoid using sanctions that exclude evidence from cases, calling it a “drastic remedy that may affect the outcome of the trial, provide a windfall to the party against whom the evidence would have been offered, or otherwise hinder the search for the truth.”

It cited concerns that excluding evidence “may tend to cut against the primary purpose of the discovery rules – to reveal the truth.”

The justices also said Murphy himself did not establish there was a pattern of discovery violations in the district attorney’s office, despite Crane’s allegations.

News
News briefs
Bear Creek Trail to close temporarily, Ridgway chooses contractors for projects
By Erin 
May 8, 2025
Bear Creek Trail to close temporarily The Bear Creek National Recreation Trail south of Ouray will close for reconstruction projects during the week until October, according to the U.S. Forest Service...
this is a test
Ridgway: Flagship home for Earth insignia?
Main, News...
Ridgway: Flagship home for Earth insignia?
Resident asks town to be first to fly planet's flag
By Lia Salvatierra lia@ouraynews.com 
May 7, 2025
It’s been planted in Antarctica, held up in the Himalayas and waved by conservationist Jane Goodall at a rally in New York City. But Ridgway could be the world's first place to formally adopt and fly ...
this is a test
Wolves arrive in Ouray County
Main, News...
Wolves arrive in Ouray County
Nonprofit aims to help ranchers as activity detected in NW corner
By Lia Salvatierra lia@ouraynews.com 
May 7, 2025
For the first time since their release in Colorado nearly 18 months ago, gray wolves have crossed into Ouray County. A Colorado Parks and Wildlife map tracing wolf movement between March 25 and April ...
this is a test
News
Log Hill district seeks to expand services
Fairway Pines Sanitation District could convert to metro district
By Mike Wiggins mike@ouraynews.com 
May 7, 2025
Editor's note: This story has been updated to correct an error. The previous version inaccurately indicated Paul Stashick is currently on the board of directors for the Fairway Pines Estates Property ...
this is a test
News
Board postpones guest ranch decision
Commissioners cite concerns about Gold Mountain Ranch, will consider permit again in August
By Lia Salvatierra lia@ouraynews.com 
May 7, 2025
A special-use permit application for a proposed guest ranch will come back to Ouray County commissioners in late August after county leaders asked the applicant to address more than 15 concerns. After...
this is a test
News
NEWS BRIEFS
Bear Creek Trail to close temporarily
May 7, 2025
The Bear Creek National Recreation Trail south of Ouray will close for reconstruction projects during the week until October, according to the U.S. Forest Service. The trail will be open on the weeken...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Ouray nixes Denver firm’s lower bid
Councilors will look to local businesses to design, build, install three signs
By Mike Wiggins mike@ouraynews.com 
May 7, 2025
A Denver graphic design firm really wants to finish what it started and complete the design for signs to be installed at two Ouray parks. The Ouray City Council, though, really isn’t interested. For t...
this is a test
Small but mighty: Ridgway girls’ track and field secures first league title as independent program
Columns, Feature...
PREP ROUNDUP
Small but mighty: Ridgway girls’ track and field secures first league title as independent program
By By Matt Meyer Special to the Plaindealer 
May 7, 2025
In high school track and field, athletes are limited to competing in four events. It’s a way to ensure competitive balance, limit wear and tear on athletes and — in the case of the Ridgway girls' team...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Dim the lights, help the birds
May 7, 2025
Dear Editor: Late April and early May is peak time for spring bird migration in Colorado! According to a May 3 article in the Denver Post, bird populations are in a steady decline. Many reports and re...
this is a test
Scenic Last Dollar Road connects to rugged past
Columns, Feature...
Scenic Last Dollar Road connects to rugged past
By Carolyn Snowbarger 
May 7, 2025
It is time to begin planning our explorations into the San Juan Mountains again. Be certain to include another trek on Last Dollar Road, connecting Ridgway and Telluride over a 21-mile, unpaved, breat...
this is a test
Jeanette ‘Nettie’ Marie Pope
Obituaries
Jeanette ‘Nettie’ Marie Pope
May 7, 2025
Aug. 7, 1945-April 17, 2025 Jeanette “Nettie” Marie Pope passed away peacefully at home on April 17, 2025, with her family by her side. Nettie was born August 7, 1945 in Montrose, Colorado, to Dale an...
this is a test
Facebook

Remote-triggered avalanche in San Juan Mountains

First responders receive first COVID-19 vaccines

Ouray County Plaindealer
Office address:

195 S Lena St. Unit D
Ridgway, Colorado 81432
970-325-4412

Mailing address:
PO Box 529
Ridgway CO 81432

This site complies with ADA requirements

© 2023 Ouray County Plaindealer

  • Contact
  • Advertise
  • Accessibility Policy