Robin Niceta drops request to delay criminal trial after prosecutors question legitimacy of alleged brain tumor

Former Arapahoe County social worker Robin Niceta is no longer asking to delay her criminal trial due to potential incompetency, after prosecutors questioned Monday in court whether or not Niceta really had a brain tumor that she claimed was the reason for being unable to go to trial. 

Prosecutors said Monday in court it's tough to prove the glioblastoma brain tumor she claimed to have is actually real, and they're "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 Monday 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 Monday that his office had also received a call from at least one uninvolved doctor, a physician from Standford University, who was concerned about the legitimacy of Niceta's medical records. 

One special prosecutor on the case admitted in court Monday that he may have been naive to accept the records at face value without doing further investigation. 

Monday, Niceta appeared in person at the Arapahoe County courthouse at the request of the prosecution. Even though her family previously said she was nonverbal, Niceta verbally spoke to the judge. 

In court Monday, Niceta's previous defense attorney requested to no longer represent her and the court officially granted Niceta's request to add new defense representation to her case. 

When the judge asked her if she agreed to allowing her previous attorneys to step down from the case, Niceta replied, "yes, I appreciate everything that they've done."

When the judge asked her how to pronounce her name, Niceta replied, "Niceta (NICE-ee-tuh)."

Prosecutors said they did not believe Niceta's previous attorneys were aware her medical records may have been fabricated. In fact, the former defense attorney for Niceta told the judge Monday in court that she previously spoke on the phone with an individual who she understood to be Niceta's oncologist in New Mexico, which is why they filed the motion for continuance of the trial earlier this year.

Monday in court, Niceta's new defense attorney, Frank Moya, told the judge there was no longer a concern over Niceta being incompetent for trial, and asked to withdraw her request to be evaluated for incompetency. 

Jurinsky said after the hearing she felt vindicated. 

"She is a liar. Not only is she a liar, she's an actress," Jurinsky said. "I am the only one who knew in my heart that this wasn't real. I feel very vindicated."

The judge told prosecutors Monday he was concerned about how belief in the potentially false records could have even led to dismissal of the case. The judge said more decisions may be forthcoming about what to do with the potentially false submissions to the court. 

Jurinsky hopes Niceta will face more charges. 

"The law's the law, not only has she lied once, she's lied twice now, probably multiple other times, but with these ones, there is clear cut evidence," Jurinsky. "Why should she be given any special treatment? Anybody else would be charged."

Jurinsky also believes the situation calls for a closer look into how medical records submitted in court cases across Colorado are reviewed and verified. 

"The fact that these documents were just accepted into the court, the trial date postponed, everything kind of delayed, indefinitely, how does this happen, and how many other victims in cases have to go through this?" Jurinsky asked. "I hope to have justice in this case, but I think that the bigger conversation now turns to our justice system as a whole."

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.