Affidavits the Public Shouldn't Be Reading
Affidavits for arrest warrants are not evidence. Their contents may be correct, but they also may contain inaccuracies. Affidavits contain hearsay, speculation and assumptions. They are not subject to the rules of evidence. They are not tested by cross-examination. Their purpose is merely to convince a judge that probable cause exists to arrest someone for a crime.
Criminal trials take place in public. Criminal investigations should not. One sided affidavits have no place in the public domain unless and until they are admitted as evidence at trial.
Unfortunately, the Colorado Supreme Court today, in refusing to review Denver Bronco Perrish Cox's petition to keep the affidavit in support of his arrest warrant on sexual assault charges sealed, has now poisoned his chance at getting a fair and unbiased jury. [More...]
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