(EL PASO COUNTY, Colo.) — El Paso County Judge Ronald Mullins expressed frustration on Friday, July 17 over constant changes in the re-trial decision for Deborah Nicholls, a mother convicted of killing her three children more than two decades ago. The judge has set clear boundaries to ensure Nicholls’ case can move forward.
Nicholls, a Colorado Springs mother, was convicted in 2003 for the death of her three children. Evidence at her original trial included flammable cleaning fluid found on her children’s pajamas before a house fire. Recently, the judge found it possible that prosecutors suppressed critical scientific evidence that directly contradicted the arson theory.
The potential suppression of evidence could allow Nicholls’ lawyers to use the Brady Rule, which permits a new trial if withheld evidence has the chance to change the outcome of a verdict in the defendant’s favor. However, for the appellate court to hear the case, all other claims must first be resolved…