“Though the two conversations were distinct, the second conversation provides all the relevant information found in the first,” Justice Boatright wrote. And if the roommate doesn’t deny changing her story, there’s no good reason to have the prosecutor or investigator testify, he added.
“In sum, the facts of this case don’t require us to blur the line between advocate and witness,” Justice Boatright wrote. “Accordingly, we conclude that Honstein has failed to demonstrate a compelling and legitimate reason for the participating prosecutor to testify.”
Adam D. Kendall of the 20th Judicial District Attorney’s Office lauded the decision in a statement provided to Law360 Monday.
“This decision will provide much-needed guidance to prosecutors and trial courts in Colorado,” Kendall stated. “Further, the decision will ensure that trials move forward justly, fairly, and without the confusion that would be caused by a prosecutor unnecessarily taking the witness stand in a case they are handling. With this decision, this trial can now proceed without further delay.”
