Judge Criticizes Pitkin Prosecutor Over Evidence

ASPEN, Colo. (AP) - A judge sharply criticized a Pitkin County prosecutor for missing deadlines to turn over evidence to defense attorneys in five cases.

District Judge Gail Nichols' comments were in a ruling Monday that barred prosecutors from using statements a defendant made to police in a vehicle theft case.

Nichols wrote that prosecutors didn't give defense lawyers copies of the statements by the defendant or a written waiver of Miranda rights that he signed.

The Aspen Daily News reported Tuesday that defense lawyers asked Nichols to dismiss the case because of the lapse, but she declined.

Nichols' ruling said Chief Deputy District Attorney Arnold Mordkin acknowledged the failure to turn over the statements and the waiver but called it a mistake that occurred when the case was transferred from police to the sheriff's department.

Nichols cited four other cases when prosecutors turned over evidence late or not at all.

Nichols wrote, "these violations have occurred because the deputy district attorney has repeatedly shown that he does not accept the responsibility for insuring compliance with rules and avoiding further ... violations."

She said prosecutors, not law enforcement, are responsible for ensuring that evidence rules are followed.

Mordkin told the Daily News he thought the problem had been fixed. He says he established a new system with the police and sheriff's departments.

Mordkin said he disagreed with Nichols' decision to bar the use of the defendant's statements in the vehicle theft case.

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