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Defense attorneys in Colorado are voicing concerns over a new law that they argue violates defendants’ constitutional rights. The legislation makes certain documents held by the prosecution confidential, hindering the discovery process of the defense.

“It impedes our ability to investigate our cases. They’ve decided the rights of alleged ‘victims’ are more important than the rights of defendants,” said Harvey Palefsky, public defender.

House Bill 1147

The bill makes writings, claims, records and other documents and information relating to witness protection matters confidential. According to Palefsky, prosecutors are exploiting the new law to withhold the names and addresses of the alleged victims from witness lists, which are generally provided to the defense during discovery.

“I’m disturbed by this new policy,” he said.

Palefsky also noted that district attorneys have the power to obtain protection orders if they think releasing the information might harm a victim. Defendants are supposed to be presumed innocent, but the law assumes that the release of information will bring harm to an alleged victim, he said.

“I can see a protection, where you don’t give it (victim information) to your client, but now they’re not trusting lawyers,” said Palefsky.

(Source: Montrose Press)

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