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Motion to Dismiss Charges in Colorado Case

Defendant Jeremy Brown has filed a motion to dismiss the complaint due to a jurisdictional defect stemming from an inaccurate charging date, which violates his due process rights. Additionally, he seeks to suppress evidence and dismiss charges based on multiple due process violations, timestamp discrepancies, excessive force during arrest, and coercive actions taken at the intake facility. Brown argues that these issues collectively undermine the integrity of the prosecution's case and warrant dismissal of all charges.

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0% found this document useful (0 votes)
13 views3 pages

Motion to Dismiss Charges in Colorado Case

Defendant Jeremy Brown has filed a motion to dismiss the complaint due to a jurisdictional defect stemming from an inaccurate charging date, which violates his due process rights. Additionally, he seeks to suppress evidence and dismiss charges based on multiple due process violations, timestamp discrepancies, excessive force during arrest, and coercive actions taken at the intake facility. Brown argues that these issues collectively undermine the integrity of the prosecution's case and warrant dismissal of all charges.

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IN THE DISTRICT COURT OF PUEBLO COUNTY, COLORADO

THE PEOPLE OF THE STATE OF COLORADO,


Plaintiff,
v.
Jeremy Brown,
Defendant.
Case No. CR001092
MOTION TO DISMISS FOR JURISDICTIONAL DEFECT
BASED ON INACCURATE CHARGING DATE
DATE: May 1st, 2025
Defendant Brown, Jeremy Louis Leroy, by and through undersigned counsel, hereby moves this
Honorable Court to dismiss the complaint for a jurisdictional defect pursuant to Colorado law, on
the grounds that the charging document contains an inaccurate date which is material to both the
exercise of jurisdiction and the defendant’s due process rights. In support thereof, Defendant
respectfully states as follows:

1. Argument and Authority


a. Jurisdictional Defect Arising from the Inaccurate Date
The charging document is required to state the essential elements of the alleged offense
with sufficient precision, including the accurate date of the offense, to confer jurisdiction
over the defendant. See People v. Thimmes, 643 P.2d 780 (1981). In Thimmes, the
Colorado Court of Appeals held that an indictment which omits or inaccurately states the
date of the offense deprives the defendant of the necessary notice and constitutes a
jurisdictional defect. Similarly, in People v. Carr, 841 P.2d 361 (1992), the Court found
that misdating the occurrence can be fatal to the prosecution because it impairs the proper
computation of the statute of limitations and the defense’s ability to challenge the factual
basis for jurisdiction.
2. Conclusion
For the foregoing reasons, Defendant respectfully requests that this Honorable Court
dismiss the complaint in its entirety on the grounds that the inaccurate date stated in the
charging document constitutes a jurisdictional defect, thereby violating Defendant’s due
process rights.

WHEREFORE, Defendant prays that the Court grant his Motion to Dismiss for
Jurisdictional Defect and dismiss the complaint with prejudice, and grant any further relief
as the Court deems just and proper.
IN THE DISTRICT COURT OF THE COUNTY OF PUEBLO
STATE OF COLORADO
──────────────────────────────────────
STATE OF COLORADO,
Plaintiff,
v.
JEREMY BROWN,
Defendant.
Case No. OCA 24015837
──────────────────────────────────────
MOTION TO SUPPRESS EVIDENCE AND DISMISS CHARGES Date: May 1st, 2025
NOW COMES the Defendant, Jeremy Brown, appearing pro se, and respectfully
moves this Court to suppress all evidence obtained and to dismiss all charges in the
above-captioned matter. This Motion is predicated on multiple due process
violations, timestamp discrepancies, factual background, and the use of excessive
force. Moreover, the Defendant asserts that additional constitutional violations
occurred on April 18, 2025, further rendering the prosecution’s case fundamentally
unjust. In support of this Motion, Defendant asserts and respectfully alleges as
follows:
I. TIMESTAMP INCONSISTENCIES AND DUE PROCESS VIOLATIONS
A review of multiple evidence audit logs reveals glaring discrepancies in recorded
timestamps. For example, audit logs for the “Assist Outside Agency” evidence record
display inconsistent start times—ranging from approximately 08:49:08 to 15:23:19
on October 7, 2024—and ambiguous records of subsequent events. These
discrepancies call into serious question the integrity of the chain of custody and
reliability of the digital evidence. Such irregularities fundamentally undermine the
defendant’s right to due process as guaranteed by the Fourteenth Amendment and
Colorado law.
II. Factual Background
The complaint alleges that Defendant committed a possession offense on August 30,
2025. However, under the record and corroborative discovery materials, the
evidence indicates that the incident occurred on a different date. This glaring
inaccuracy in the charging document adversely affects the defendant’s ability to
prepare a defense and, more importantly, calls into question the court’s jurisdiction
over the alleged offense.
III. EXCESSIVE FORCE
Multiple reports indicate that the Defendant was subjected to excessive force during
arrest. In particular, audit logs and officer reports document that a Taser was
deployed under circumstances in which the Defendant posed no immediate threat.
Defendant’s vulnerable position with both feet in the air and the officer only being a
yard away further underscore that the application of
such force was unwarranted. The Fourth Amendment prohibits the use of
unreasonable force, and Colorado case law—such as People v. Escobedo, 967 P.2d
638 (Colo. 1998) and State v. Jennings, 103 P.3d 975 (Colo. App. 2005)—supports the
exclusion of evidence obtained through such unconstitutional means.
IV. VIOLATIONS AT THE INTAKE FACILITY ON APRIL 18, 2025
On April 18, 2025, after being taken into custody at a court appearance for a pretrial conference,
the Defendant was further subjected to egregious constitutional violations. Officers at the intake
facility denied the Defendant his right to counsel and placed him in solitary confinement along
with an unwarranted bond hold. No court order authorized these actions. When the Defendant
refused to undergo a DNA swab—a procedure officers sought to conduct without first allowing
him to speak with an attorney—the officers threatened that failure to comply would result in
continued isolation and a bond hold, effectively coercing him into providing the DNA sample.
This conduct flagrantly violates the Defendant’s Sixth Amendment right to counsel, as
established in Gideon v. Wainwright, 372 U.S. 335 (1963), and his Fourth Amendment rights
against unreasonable searches and seizures. Such coercive measures render any evidence derived
from the DNA swab inadmissible as "fruit of the poisonous tree." See Wong Sun v. United States,
371 U.S. 471 (1963).
V. CUMULATIVE EFFECT – FRUIT OF THE POISONOUS TREE
The combined impact of the aforementioned timestamp discrepancies, due process violations,
jurisdictional overreach, excessive use of force, and the gross constitutional violations at intake
on April 18, 2025, clearly taint all evidence procured by law enforcement. In light of these
deficiencies, all evidence must be deemed “fruit of the poisonous tree” and should be suppressed
pursuant to established constitutional and Colorado case law.
VI. PRAYER FOR RELIEF
WHEREFORE, based on the foregoing, Defendant respectfully requests that this Court:
1.
2.
3.
4. Suppress all evidence obtained as a result of the unconstitutional stop, the inconsistent
audit trail entries, the unauthorized jurisdictional actions, the excessive use of force, and
the coercive DNA swab incident at intake on April 18, 2025;
5. Dismiss all charges pertaining to Case No. OCA 24015837 on the grounds that the
cumulative constitutional violations render the entire prosecution fundamentally
improper;
6. Grant any further relief deemed just and proper by this Court.
Respectfully submitted,
Jeremy Brown, Pro Se
Defendant, State of Colorado
Date: April 27, 2025
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of this Motion to Suppress Evidence
and Dismiss Charges upon the Office of the District Attorney, Pueblo County, Colorado, on April
27, 2025.
Jeremy Brown, Pro Se
Date: April 27, 2025

Common questions

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Timestamp discrepancies in evidence logs affect due process by undermining the integrity of the chain of custody and the reliability of digital evidence. Irregular timestamps raise questions about the accuracy and authenticity of the evidence, which are critical for a fair defense and may violate the Fourteenth Amendment's due process clause. These discrepancies hinder the defendant's ability to challenge the evidence effectively, which is crucial for ensuring a just legal process .

Legal proceedings address the conflict between established evidence protocols and technological limitations observed in timestamp discrepancies by relying on thorough examination and expert testimony to assess the validity of digital evidence. Courts may employ technical audits and forensic analysis to verify the integrity of evidence systems. In cases where technological limitations significantly impact evidence reliability, protocols mandate that such evidence be scrutinized more rigorously or even excluded, ensuring that due process is upheld despite technological challenges .

Contradictory audit logs can significantly undermine the trustworthiness of the legal system during a criminal trial by casting doubt on the reliability and authenticity of crucial evidence. Such contradictions may suggest mishandling or manipulation of evidence, which damages the credibility of the prosecution's case and raises due process concerns. This can result in the evidence being deemed inadmissible, weakening the case against the defendant and eroding public confidence in the justice system's ability to administer fair trials .

The implications of a jurisdictional defect due to an inaccurate date in a legal indictment are significant. The Colorado Court of Appeals in People v. Thimmes held that an indictment which omits or inaccurately states the date of the offense deprives the defendant of necessary notice and constitutes a jurisdictional defect . This defect is crucial as it impairs the defense's ability to prepare a case and challenge jurisdictional claims. Additionally, according to People v. Carr, misdating the occurrence can render the prosecution invalid as it impacts the statute of limitations and the defendant's due process rights .

Denying a defendant the right to counsel during intake procedures has severe legal consequences, as it violates the Sixth Amendment, established in Gideon v. Wainwright. This right is crucial for ensuring that defendants can receive a fair trial and appropriate legal advice. Additionally, the Fourth Amendment is violated when defendants are coerced into providing evidence, such as DNA samples, without counsel, leading to the suppression of any resulting evidence as 'fruit of the poisonous tree' . The denial undermines the entire legal proceeding's fairness and can result in dismissal of charges.

Excessive force during an arrest violates constitutional rights under the Fourth Amendment, which prohibits unreasonable seizures. In Colorado, excessive force undermines the legitimacy of the arrest and the admissibility of evidence obtained through such means. Cases like People v. Escobedo and State v. Jennings highlight that evidence obtained through unconstitutional force should be excluded . These legal precedents aim to protect individuals from abusive practices and ensure that law enforcement operates within legal boundaries.

Coercive tactics severely impact the admissibility of evidence as they directly violate constitutional protections such as the Fourth Amendment's protection against unreasonable searches and the Sixth Amendment's right to counsel. When evidence like DNA samples is obtained through coercion, it taints the legitimacy of the prosecution's case and can lead to the evidence being suppressed as 'fruit of the poisonous tree' . This principle prevents courts from being complicit in violating a defendant’s constitutional protections, maintaining the fairness and integrity of the judicial process.

The concept of 'fruit of the poisonous tree' applies to cumulative constitutional violations by necessitating the suppression of any evidence obtained through unconstitutional means. In legal proceedings, if multiple constitutional violations taint the integrity of the evidence collection—such as jurisdictional errors, excessive force, and denial of counsel—the combined effect renders all related evidence inadmissible. This legal principle ensures that illegally obtained evidence cannot be used to violate a defendant’s rights, thereby safeguarding due process .

Accurate record-keeping is crucial in maintaining the integrity of digital evidence as it establishes a reliable chain of custody. It ensures that evidence remains unaltered from its original state and is authentic, thus upholding its admissibility in court. Inaccuracies, such as timestamp discrepancies, compromise this integrity by creating doubts about evidence reliability and authenticity. This can lead to challenges under due process clauses, as defendants have the right to contest questionable evidence, potentially invalidating the prosecution's case .

Courts can implement several procedural safeguards to prevent jurisdictional defects due to inaccurate charging documents, including thorough pre-filing reviews to ensure all charges are supported by accurate factual information, routine updates of procedural laws and training for legal professionals on jurisdictional requirements, and introducing rigid verification processes for all elements in a charging document. These measures ensure that errors such as incorrect dates do not occur, thereby protecting the defendant’s due process rights and preventing case dismissals due to technicalities .

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