Boulder County District Judge Thomas Mulvahill on Aug. 13 approved a stipulation — a formal agreement between the Boulder County District Attorney’s Office and the defense — that Garret Littenberg was not guilty by reason of insanity in the 2023 murder of his roommate, Kurt Smolker.
The agreement, reached by both sides and submitted for the judge’s approval, means the case will not go to trial.
Prosecutors said the decision was based on expert evaluations. Shannon Carbone, a spokesperson for the District Attorney’s Office, told Boulder Reporting Lab that doctors from the State Hospital and two of three privately retained doctors concluded Littenberg was not guilty by reason of insanity. She said he will remain in the State Hospital for at least 30 years before he can petition for release. “If the defendant remains unsafe to the community, the State Hospital can hold him in their secure facility for the rest of his natural life,” she added…