Reopening a Murder Case That's Closed

[eMusicGuy]

Jurisdiction

Colorado

I had a question in regards to what does it take to reopen a murder case that's closed. Specifically, I'm referring to the Chris Watts (Chris Watts murder is pregnant wife and 2 daughters - he is in jail but his mistress is under major suspicion) murder case. I heard only the district Attorney (DA) could open the case. But I'm wondering if there's another way in Colorado legal system. For example, could the victim family somehow get it reopened? Could someone hire a lawyer to take it to court with new evidence to try and get the case reopened? Or is it really only up to the DA? Just curious all the way possible to reopen. Thank you.

 

[army judge]

Could someone hire a lawyer to take it to court with new evidence to try and get the case reopened?

To accomplish what you asked, anyone can hire an attorney in an effort to reopen the case. But, what would that accomplish?

If a person (or persons) was/were convicted of killing a human being, the incarcerated individual MIGHT be able to get the case retried, if he/she successfully appealed her/his conviction.

I doubt that relatives of the deceased would be successful in having the case retried. Someone has been convicted of the foul deed, so why would anyone wish to fight for the convicted killer to have more bites at the apple?

Discussing the paths to reopening a murder conviction would be a boring, useless, idiotic task. Why? What you wish to know can easily be accomplished by an internet search.

 

[Tax Counsel]

I I heard only the district Attorney (DA) could open the case. But I'm wondering if there's another way in Colorado legal system.

No, not in Colorado (or most other states). You'd need to persuade the DA to reopen the case. That's usually going to take coming up with new evidence that the DA does not already have. DAs in Colorado don't close murder cases due to costs like they do for some minor offenses. The primary reason a DA closes a murder case without prosecution is that the case the DA has is just not strong enough to take to a jury. The DA needs to be pretty confident of the case he or she has because if they take the suspect to trial and lose, that suspect may not ever be tried again for that crime.

In other words, the DA only gets one shot at it. So if the DA loses and good evidence comes along later that would make for a much stronger case there is nothing the DA can do. After the first trial, it's over for the prosecution. If you are asking about reopening a case that had already gone to trial that's simply not possible because the U.S. Constitution only allows the state that one bite at the apple.

 

[eMusicGuy]

No, not in Colorado (or most other states). You'd need to persuade the DA to reopen the case. That's usually going to take coming up with new evidence that the DA does not already have. DAs in Colorado don't close murder cases due to costs like they do for some minor offenses. The primary reason a DA closes a murder case without prosecution is that the case the DA has is just not strong enough to take to a jury. The DA needs to be pretty confident of the case he or she has because if they take the suspect to trial and lose, that suspect may not ever be tried again for that crime.

In other words, the DA only gets one shot at it. So if the DA loses and good evidence comes along later that would make for a much stronger case there is nothing the DA can do. After the first trial, it's over for the prosecution. If you are asking about reopening a case that had already gone to trial that's simply not possible because the U.S. Constitution only allows the state that one bite at the apple.

No, not in Colorado (or most other states). You'd need to persuade the DA to reopen the case. That's usually going to take coming up with new evidence that the DA does not already have. DAs in Colorado don't close murder cases due to costs like they do for some minor offenses. The primary reason a DA closes a murder case without prosecution is that the case the DA has is just not strong enough to take to a jury. The DA needs to be pretty confident of the case he or she has because if they take the suspect to trial and lose, that suspect may not ever be tried again for that crime.

In other words, the DA only gets one shot at it. So if the DA loses and good evidence comes along later that would make for a much stronger case there is nothing the DA can do. After the first trial, it's over for the prosecution. If you are asking about reopening a case that had already gone to trial that's simply not possible because the U.S. Constitution only allows the state that one bite at the apple.

Thank you! That was very helpful!

 

[eMusicGuy]

No, not in Colorado (or most other states). You'd need to persuade the DA to reopen the case. That's usually going to take coming up with new evidence that the DA does not already have. DAs in Colorado don't close murder cases due to costs like they do for some minor offenses. The primary reason a DA closes a murder case without prosecution is that the case the DA has is just not strong enough to take to a jury. The DA needs to be pretty confident of the case he or she has because if they take the suspect to trial and lose, that suspect may not ever be tried again for that crime.

In other words, the DA only gets one shot at it. So if the DA loses and good evidence comes along later that would make for a much stronger case there is nothing the DA can do. After the first trial, it's over for the prosecution. If you are asking about reopening a case that had already gone to trial that's simply not possible because the U.S. Constitution only allows the state that one bite at the apple.

Quick follow-up question. In the Chris Watts case, Chris was sent to jail for this crime. However, his mistress Nicole Kessinger was never charged with any crime at that time. Since then, a lot of circumstantial evidence that points to her involvement. Tons of people want the DA to reopen the case as evidence seems to point to her involvement in some way and justice wasn't done. The DA has come out and said he would not reopen the case. That's why I was curious to see if the DA is the only path to reopen the case. That the DA is the sole path to getting this done. From your answer, that appears to be the case....correct? and thanks again.

 

[cbg]

Tax can correct me if I'm wrong, but I believe if there was now sufficient evidence to try someone else for the same crime, the solution would not be to reopen the case on Watts, but to open a case on the other individual.

 

[zddoodah]

I had a question in regards to what does it take to reopen a murder case that's closed.

Re-open for what purpose? The specific case you mentioned involved the killer taking a plea bargain; the case isn't going to be re-opened.

could the victim family somehow get it reopened?

Members of the family of a crime victim (or alleged victim) have no standing to do anything. The only people with standing are the defendant and the state (district attorney).

Could someone hire a lawyer to take it to court with new evidence to try and get the case reopened?

"Someone"?

In the Chris Watts case, Chris was sent to jail for this crime.

Prison, not jail.

However, his mistress Nicole Kessinger was never charged with any crime at that time. Since then, a lot of circumstantial evidence that points to her involvement. Tons of people want the DA to reopen the case as evidence seems to point to her involvement in some way and justice wasn't done.

How many is "tons of people"? Why would they want the case against the already convicted killer to be re-opened, as opposed to simply starting a new case against the alleged mistress?

 

[Tax Counsel]

Quick follow-up question. In the Chris Watts case, Chris was sent to jail for this crime. However, his mistress Nicole Kessinger was never charged with any crime at that time. Since then, a lot of circumstantial evidence that points to her involvement. Tons of people want the DA to reopen the case as evidence seems to point to her involvement in some way and justice wasn't done. The DA has come out and said he would not reopen the case. That's why I was curious to see if the DA is the only path to reopen the case. That the DA is the sole path to getting this done. From your answer, that appears to be the case....correct? and thanks again.

If by "reopen the case" you mean starting up investigation and possible prosecution of Nicole, that would not violate the Sixth Amendment. But is still the case that the decision is up the DA. It's not up to the public to prosecute her nor may they force the DA to do so. The public often puts more weight on things that in a courtroom would not matter much. The prosecutor has to decide whether to pursue charges or not based on the evidence that is admissible in court. Much of what the public hears by way of rumor, speculation, or statements by someone not directly involved in the incident is typically not admissible.

 

[eMusicGuy]

Re-open for what purpose? The specific case you mentioned involved the killer taking a plea bargain; the case isn't going to be re-opened.




Members of the family of a crime victim (or alleged victim) have no standing to do anything. The only people with standing are the defendant and the state (district attorney).




"Someone"?




Prison, not jail.




How many is "tons of people"? Why would they want the case against the already convicted killer to be re-opened, as opposed to simply starting a new case against the alleged mistress?

Thanks for the feedback. There's a growing movement that not everyone in the case was brought to justice and behind bars (the mistress in this case). They want the case reopened so they can investigate her based evidence collected and bring her to justice. Yes, there's a lot of people out there who want this case reopened. There's a petition out there now but think nothing is going to happen unless the DA feels like the new evidence is strong enough to do so and right now the DA is not going forward. That's why I'm curious if there are other ways they can go after the mistress (Nicole Kessinger) for possible involvement in the murder etc.

If by "reopen the case" you mean starting up investigation and possible prosecution of Nicole, that would not violate the Sixth Amendment. But is still the case that the decision is up the DA. It's not up to the public to prosecute her nor may they force the DA to do so. The public often puts more weight on things that in a courtroom would not matter much. The prosecutor has to decide whether to pursue charges or not based on the evidence that is admissible in court. Much of what the public hears by way of rumor, speculation, or statements by someone not directly involved in the incident is typically not admissible.

Thank you! Last follow-up question Could the victims family (Shannan's parents for example) sue Nicole Kessinger in a civil case if they felt they had enough evidence that she knew what Chris was going to do and that she knew something that could of prevented this? Or maybe that she was enough that she was part of it and should be held liable? Again, this is just a theoretical question for educational purposes. Thanks again.

 

[cbg]

I still want to know why it is so important that the case against Watts be re-opened, as opposed to opening a new case against Kessinger.

 

[Tax Counsel]

Thank you! Last follow-up question Could the victims family (Shannan's parents for example) sue Nicole Kessinger in a civil case if they felt they had enough evidence that she knew what Chris was going to do and that she knew something that could of prevented this? Or maybe that she was enough that she was part of it and should be held liable? Again, this is just a theoretical question for educational purposes. Thanks again.

The civil claim would be for wrongful death. Under Colorado law, in the first year after the death, only the spouse of the victim may sue for wrongful death. If there is no spouse, then the children of the deceased may file the action in that first year instead. After the first year, who may sue for wrongful death broadens a little bit, but doesn't go much beyond the immediate family and estate beneficiaries. The decedent's estate may also file a survival action.

The problem here is that they'd need to prove more than just that she drove the shooter to where the victim was. They'd need to show she was an accessory to the crime or was somehow neligent and that her negligence caused the death. They'd want to see a personal injury lawyer to see if there is enough admissible evidence available for a good wrongful death or survival claim. Again, not everything that is reported or claimed in the news or on social media is admissible evidence. When you look only at admissible evidence it may be that there isn't enough there to make the connections needed for her to be an accessory or that her own negligent actions led to the death. The DA evidently doesn't think there is enough for a criminal case. The standard of proof needed for a civil case is lower, so it may be that a civil action could still succeed where a criminal action would not. Even if there is a good civil case that could me made, there is another factor that the attorney will examine: whether or not the proposed defendant has sufficient non exempt assets and income to make the lawsuit worthwhile if they win. It does no good to sue someone if you can't collect what is owed from the judgment.

 

[Tax Counsel]

I still want to know why it is so important that the case against Watts be re-opened, as opposed to opening a new case against Kessinger.

I think the OP is considering the "case" as including both of them. And in the investigation phase, the police case would be about seeking out evidence and building a case against everyone thought to be involved. But when it goes to the DA and the court, there is a separate case against each defendant and they are independent of each other. The case with regard to Watts is done. That doesn't need to be reopened to pursue Kessinger. The DA has apparently stopped further work on case the against Kessinger for now, but if new evidence comes to light the DA could again start working on it. I don't think that case has been closed so much as suspended. The DA may resume investigating that case at any time within the statute of limitations, if there's a reason to do so.

 

[army judge]

The DA may resume investigating that case at any time within the statute of limitations, if there's a reason to do so.

What Crimes Do NOT Have a Statute of Limitations in Colorado?
Certain serious crimes in Colorado do not have a statute of limitations. This means that charges can be filed at any time, regardless of how much time has passed since the commission or discovery of the offense. For example, the commission (as well as the attempt, conspiracy, or solicitation to commit) any of the following crimes does not warrant a statute of limitations:

Murder

Kidnapping

Treason

Any sex offense against a child (including but not limited to child molestation, sexual assault on a child, sexual exploitation of a child, human sex trafficking, child prostitution, indecent exposure, and more)

Forgery

Felony sexual assault (if there is DNA evidence and the crime was reported to a law enforcement agency within 10 years of the incident taking place)

How Long is the Statute of Limitations for Crimes in Colorado?

 

[Tax Counsel]

Correct, that's the list of crimes that have no statute of limitations (SOL) in Colorado. But unless the DA can link Kessinger as a party to the murder itself, any other crime she'd be charged with out of this incident would have a SOL, perhaps as short as three years, assuming a felony charge. If that's the case then there may not be a whole lot of time left to build against her before the SOL runs out.

 

[army judge]

If that's the case then there may not be a whole lot of time left to build against her before the SOL runs out.

I concur.
That was my thought on the matter.

 

[zddoodah]

Could the victims family . . . sue [the alleged mistress] in a civil case if they felt they had enough evidence that she knew what [the killer] was going to do and that she knew something that could of prevented this?

1. Anyone can sue anyone for anything.
2. The statute of limitations for wrongful death in Colorado is two years. My understanding is that the deaths occurred in 2018, so it's way too late. To be clear, this is for a civil wrongful death suit.
3. Knowing that Person A intends to kill Person B is not a basis for legal liability.

 

[eMusicGuy]

I still want to know why it is so important that the case against Watts be re-opened, as opposed to opening a new case against Kessinger.

During the interview she (Kessinger) lied to authorities and changed her story many times. Her phone pinged near the home of the victim the morning of the murders though it wasn't her normal route to work. She never clocked into work as normal. She had an unusually long phone call with her lover just minutes before the murders took place.. She deleted apps and messages off her phone (destruction of evidence) and also instructed her lover/murder (Chris) to do the same. Chris said he would take to his grave some things about Kessinger. There's a lot more but wanted to give you just some examples without writing a book. Many feel that she was not investigated properly and is involved in some way etc. Hope this helps.

 

[cbg]

I wasn't asking why you thought she needed to be investigated. I was asking why, instead of opening a case against her, you wanted the case against Watts re-opened.

 

[eMusicGuy]

I wasn't asking why you thought she needed to be investigated. I was asking why, instead of opening a case against her, you wanted the case against Watts re-opened.

Ah .... sorry about that, and that's a good question. I do not have a background in Law but I would be interested in hearing how a separate case could be opened against her. That's why I asked about if the parents could pursue a civil case against her. Let me know what your thoughts are on this and if a separate case could be brought against her without reopening the case.

 

[cbg]

I think Tax Counsel has already answered that question if you review his responses.