Fox21 Seeks Robinson & Henry’s Insight on Colorado Case

When a decades-old criminal conviction is overturned, the legal implications can be complicated. Fox21 in Colorado Springs turned to Robinson & Henry Criminal Defense Partner Ryan Robertson for answers about the Deborah Nicholls case.

Robertson was interviewed by Fox21 to explain what a vacated conviction means, how a potential Brady violation can affect a criminal case, and what could happen if prosecutors pursue a new trial in the story, Conviction vacated in case of mom accused of killing her three children.

His analysis helped Fox21 put the court’s decision into perspective for its viewers, particularly by highlighting the important distinction between having a conviction vacated and being found innocent.

“It doesn't mean that the defendant is now exonerated; it's not a finding of innocence,” Robertson told Fox21.

That distinction is central to understanding what happens next.

A vacated conviction essentially removes the prior conviction and returns the defendant to a pre-conviction legal position. Robertson explained that the case can then move forward, potentially resulting in another trial.

“Now that this conviction has been overturned, it's been sent back to the district court in El Paso County, Colorado, to have another trial. Ms. Nicholls is now back to being presumed innocent. However, again, she hasn't been exonerated,” Robertson said.

The Fox21 interview focused on the legal issues surrounding Deborah Nicholls, a Colorado Springs woman who was convicted in 2008 of killing her three children in a 2003 house fire.

Prosecutors argued that Nicholls and her husband, Tim, intentionally set their home on fire after using a flammable cleaning substance. The couple was convicted in connection with the deaths of their children.

Years later, however, questions arose about the evidence supporting the prosecution's arson theory.

A judge ultimately found that prosecutors had failed to disclose evidence that could have supported the defense, leading to a potential Brady violation. In criminal cases, a Brady violation occurs when the prosecution fails to disclose material evidence favorable to the defense.

Robertson pointed to two pieces of information that became significant in the case.

“The email from (then-prosecutor) William Bain and also the report from the CBI analyst indicating that there wasn't any sort of accelerant found on the clothing as the prosecution alleged,” Robertson explained.

The ruling does not mean the case is over. The 4th Judicial District Attorney’s Office has said it disagrees with the decision and plans to appeal. Prosecutors have also said they are prepared to retry the case if the appellate courts determine that it is necessary.

Robertson explained what the ruling means for Nicholls’ legal status moving forward.

“She goes back to being accused of a crime. In this case, a series of crimes. And so, to that end, she's going to be afforded preconviction relief. She's going to be afforded the same rights and privileges as any other person who stands accused of a crime,” Robertson said.

If the case ultimately returns to trial, prosecutors and defense attorneys could face another significant factor: time.

More than two decades have passed since the fire, and nearly two decades have passed since the original conviction. That could affect witnesses and the availability and reliability of evidence.

Robertson highlighted one potential challenge during his Fox21 interview.

“Are memories now a little bit worse? What's going to happen when it comes down to somebody who just simply gets on the stand and doesn't have quite the same recollection that they did back in 2007, 2008?” Robertson explained.

The case shows why post-conviction proceedings can be complex.

“In essence, the Brady violation caused this trial to happen again.”

Robertson’s legal analysis gave viewers an attorney’s perspective on the implications of the ruling and the challenges that could accompany a retrial.

The case remains ongoing as the prosecution appeals the ruling.

If you or someone you know is facing criminal charges in Colorado, having an experienced defense attorney on your side can help you understand your rights and legal options. 

Contact us today to discuss your situation and learn about your legal options. Call 866-530-2677 or book your consultation online to begin.