Prosecutors plan to introduce new evidence against Robin Niceta: "Fabricated brain cancer claim as evidence of her guilty mind"
Prosecutors now say they plan to introduce new evidence against former Arapahoe County social worker Robin Niceta showing her "fabricated brain cancer claim as evidence of her guilty mind." In the new filing, prosecutors say Niceta "does not suffer from any type of brain cancer."
They say the alleged ruse was an "elaborate attempt to avoid prosecution through the fabrication of medical records." Newly filed documents from prosecutors say "going so far as to create fraudulent medical records and MRIs is clearly indicative of bad character. There is simply no innocent explanation for the behavior."
The prosecutors' theory is that Niceta's alleged falsification of records indicates guilt in her initial criminal case in which she was charged with making a false report of child abuse and retaliation against an elected official.
"Simply put," wrote prosecutors, "an innocent person would not go to the great lengths of fabricating a brain tumor in order to be found incompetent to proceed, and this consciousness of guilt is evidence that (Niceta) committed the crime which she is trying to evade."
Last month, Niceta withdrew her request to delay her criminal trial due to potential incompetency, after prosecutors questioned in court whether or not Niceta really had a brain tumor that she claimed was the reason for being unable to go to trial. At the time, prosecutors said in court it's tough to prove the glioblastoma brain tumor she claimed to have is actually real, and they were "highly suspicious" that the doctor in New Mexico who allegedly signed off on her cancer diagnosis is real.
Niceta is facing criminal charges for allegedly placing a false child abuse report against Aurora city council member Danielle Jurinsky.
Officials said they believed Niceta may have made the false report as retaliation after Jurinsky called her ex-girlfriend -- former Aurora police chief Vanessa Wilson -- "trash" on a podcast last year.
Niceta pleaded not guilty, but as her case moved closer to trial, Niceta's lawyer asked to delay court proceedings, claiming Niceta had an aggressive cancerous brain tumor.
Prosecutors said they only began to question the diagnosis after CBS News Colorado aired a story showing some of Niceta's alleged cancer records a few weeks ago, which prosecutors told the judge prompted many concerned citizens to reach out to prosecutors saying her records may have been fabricated.
Additionally, the judge presiding over the case said in court last month that his office had also received a call from at least one uninvolved doctor, a physician from Stanford University, who was concerned about the legitimacy of Niceta's medical records.
In the meantime, Niceta is due to appear back in court for another motions hearing on July 5. Her trial is scheduled for August 1.
