A Mancos man accused of drugging, pimping and raping his child's mother is hopeful that DNA evidence won't be allowed at trial next month.
Court-appointed defense attorney Katherine Whitney argued at a pretrial conference before District Court Judge Todd Plewe on Thursday, Dec. 18, that her client's DNA evidence should not be presented to jurors. Whitney said prosecutors had yet to provide the forensics evidence to the defense on the eve of trial. The two-week jury trial is set to start Jan. 20.
"The prosecution is sitting on the evidence," said Whitney.
Whitney, who represents Christopher Collins, 34, indicated she would file an official defense motion to bar the forensics evidence. The defendant was required to submit his DNA seven months ago after his arrest in May. Collins faces multiple counts of sexual assault.
At last week's proceedings, the court granted the defense a green light to subpoena telephone records between the defendant and the alleged victim. Whitney said the records would show that her client was innocent.
The court, however, rejected a renewed defense request to examine investigative notes made by a caseworker in a related child neglect case. Plewe denied the request, citing the defense failed to show the requested documents even existed.
Collins remains in custody under a $100,000 bond.