In re People v. Salazar

In this case alleging sexual assault on a child, Defendant Yrineo Salazar sought to introduce evidence of an alternate suspect (the child's grandfather). Defendant asserted the alternate suspect had sexually assaulted his own daughter when she was a child and was present in the home when the incidents for which Defendant was charged allegedly occurred. Defendant thus argued the alternate had motive and opportunity to commit the charged offenses, and therefore, evidence of the alternate's prior sexual conduct was relevant and its probative value not substantially outweighed by the danger of unfair prejudice or confusion of the issues. The Supreme Court determined after its review of the case that under its precedent, evidence of the alternate's prior sexual conduct with someone other than the victim was of "questionable relevance" to the identity of the perpetrator of the charged offense. "Even assuming the relevance of the alternate's prior sexual conduct, [the Court] concluded that the evidence should be excluded under the Colorado Rules of Evidence because its probative value was substantially outweighed by the danger or confusing the issues and misleading the jury." Noting that the grandfather was never charged for the alleged abuse of his daughter, the Supreme Court held that the trial court abused its discretion in finding that evidence was admissible in this case. View "In re People v. Salazar" on Justia Law