Today's Digital Newspaper

The Gazette

Weather Block Here



16th Street Mall stabbing suspect appears in court for first time

Nearly two weeks after a string of stabbings shocked downtown Denver’s tourist district, the suspect appeared in district court for the first time Friday.

Elijah Caudill, 24, appeared cuffed, donning a gray jumpsuit provided by the jail and bangs covering his eyes.

Throughout the advisement hearing, which lasted around an hour, Caudill continued to look up to the corner of the room, squinting and speaking to no one. 

Despite defense motions filed directly mentioning the suspect’s ongoing mental health issues, competency has not been raised by either the defense or prosecution.

But the suspect’s mental health and competency will likely remain a focal point of both the pretrial and, if he’s found competent, a trial involving two counts of first-degree murder, two counts of attempted murder, two counts of assault and four violent crime sentence enhancers.

Caudill was arrested on Jan. 12 in connection with the four stabbings on the 16th Street Mall that left two people dead and two others injured between Jan. 11 and 12.

The two slain victims included 71-year-old Celinda Levno and 34-year-old Nicholas Burkett. Two others were injured in the weekend stabbing attacks.

While Friday’s hearing was mostly set to discuss and schedule  the preliminary hearing — where prosecutors present evidence to the judge to determine if there’s enough to proceed to trail — the meeting turned into fast-paced back-and-forth between attorneys on the nearly 20 motions filed by Colorado State public defender Ariana Burnette, the defense attorney appointed to Caudill.

The collections of motions looked to both suppress information about the pretrial proceedings from the media and bolster the security of evidence for the defense attorneys. 

Most of the motions were filed Thursday evening or Friday morning.

In one motion, Burnette asked to preserve evidence around the entire area, especially Regional Transportation District (RTD) security footage and H.A.L.O. (high activity location observation) cameras in the area operated by the Denver Police Department.

The defense claimed to not have received any of the footage and that RTD deletes its footage after seven days. The H.A.L.O. footage is also deleted after 30 days, according to Burnette.

Both Denver District Judge Karen Brody and Senior Chief Deputy District Attorney Zach McCabe that the motion was “too broad,” with police already collecting evidence they deemed necessary for the investigation.

“There’s a number of businesses along (16th Street Mall). I can’t enter a blanket order for every business,” Brody said of maintaining all surveillance footage in the area. 

Another supplemental motion, filed on Jan. 17, requested to “limit pretrial publicity of a person suffering from obvious, severe and debilitating mental illness,” according to court records.

The limitation of publicity remained the centerpiece of the defense’s collection of motions with one asking to allow Caudill to silence himself from all communication like handwritten letters requesting items in jail and a sealing of all records of visitation.
 
Burnette argued that these things may leak to the media, with important documentation already being reported by various outlets.
 
“In this case, we’re dealing also with trial by media,” she said. “We’re dealing with them releasing things outside. The jurors will already have knowledge of that. We have to take these steps in order to protect Mr. Caudill’s rights.”
 
Brody countered that the motions were also too broad, giving an example of Caudill needing emergency care and responders having to contact his attorneys before being able to speak with him.
 
She revealed that she already doesn’t plan to allow expanded media coverage in the courtroom and will also not be livestreaming any hearings. Also, professional conduct rules for prosecutors are already in place to protect Caudill from potential leaks of incriminating information to the media, she said. 
 
“I’m not going to issue a global gag order in the case,” Brody said. 
 
Caudill is due back in court on Feb. 11.

a2f8e336-da88-11ef-b261-c32b02c2d87c

View Original Article | Split View

PREV

PREVIOUS

Colorado House passes 'Reproductive Rights and Justice Day' resolution amid abortion debate

The Colorado House on Friday passed a Senate resolution on “Reproductive Rights and Justice Day,” designated by the resolution for Jan. 22, but not without expected pushback from House Republicans.  Both party caucuses stood together as each side spoke on the resolution. Democrats spoke briefly, led by co-sponsor Rep. Lorena Garcia, D-Adams County, who said […]

NEXT

NEXT UP

Aurora City Council meeting to be virtual Monday after 'threats of violence'

Monday night’s Aurora City Council meeting will be entirely virtual after councilmembers received “active threats of violence” against them, a councilmember told The Denver Gazette Friday. Aurora city spokesperson Ryan Luby said the city cannot comment on matters of security, but did confirm that the meetings will be held virtually. Councilmember Danielle Jurinsky told The […]