I would like to see a logical, thorough, law-based analysis of the CO law. I cannot imagine it's actually as most people assume or claim which is since BR was 9 he (or any child) gets a free pass on illegal acts and (more importantly) the case can never be solved and closed. I don't think the law could be written that way to create such a giant loophole. Certainly not one that couldn't be challenged or find a way around to at least be able to close the case.
I understand he can't be convicted of murder but does that mean the case can't be solved? And if the parents sought to coverup his involvement they couldn't have been charged because of his status as a child? Their crime could've be tried separately. A murder still took place and if they took steps to obscure that then THAT itself is a crime.
I can imagine the law was written without anyone imagining this scenario but I can't imagine it was written so as to not be able to solve and close a case. Even if that means simply ending up with a sealed "the accused did it but can't be publicly named due to age" verdict of sorts.
Is it really written so as not only can BR not be convicted of murder due to his age at the time of commission but that no crime even occurred, because it was done by a child? That doesn't make sense.
Correct. The Colorado law does not state this.
Since some believe the case could not be tried because an underage child was involved, I wanted to add some details about Colorado law.
Yes, cases involving an underage child have been taken to a Colorado court. The court uses initials to shield a childs full name. Its correct though, if it were a public courtroom case, the possibility exists people would guess the son was involved, which brings me to mention the reasons for a courtroom to be closed to the public:
A motion to close the courtroom to the public may be granted if there is a compelling reason to justify the closure of a courtroom, for example:
-A trial for sex offenses involving minors under the age of 18,
-A trial of criminal proceeding involving a husband and wife
-A trial involving the crime of incest, child *advertiser censored* or criminal sexual conduct (
http://criminal.lawyers.com/criminal-law-basics/closing-the-courtroom-to-the-public.html )
Those who are 100% convinced that a child was responsible for it all, and interpret the True Bills as confirming their conclusion, may be totally correct. Ive no inside line as to what the GJ believed.
IMO, AH decided to tank the challenging case from the beginning. Challenging not because of the infant, but because the reveal of the parents' roles was tough to establish. He wanted a confession so that he could plea bargain. How can one tell with certainty that BR did the head blow? No smoking gun forensically speaking. It was a circumstantial case. This is why Kolar believed obtaining medical records and interviewing BR again within the framework of a GJ was so important. (I dont believe BR cracked under questioning by the GJ. Its obvious from the interview with the psychologist, he knew not to say certain things. He didnt even admit to the GJ that the voice on the 911 call was his, just that it sounded like his voice. Later he claimed he wasnt there.)
But one final misconception Ive seen repeated is what would have happened if BDI all and if the parents had been truthful with the authorities. Colorado has hospitals for the criminally insane, but BR did not fit within that category. They do not have facilities for treatment of one so young, as in say an institution. The Colorado institutions/facilities accommodate juveniles, age 12 and up to 18. A court most likely would have mandated specific mental health treatment for the whole family for a period of time.
Its generally conceded that a court case is now impossible. Posters from the past and some who knew the Rs, believed the parents not only could have been tried, but should have been tried for child abuse and obstruction of justice. Some think AH, in one of his secret agreements, agreed to something such as treatment for BR. I guess its a possibility. Hmmm . . .$2+mm. . .60,000 BPD reports . .saving others from the anguish of their reputations trashed? If AH did take such an action seems as though he placed himself in the role of judge and jury and brushed it under the rug. For JB's sake? Nah, this speaks of cowardice and corruption imho.
As Patsy would have said, oh, La te da.
Here one can apply FWs words:
What happens is that evil comes in. If you don't have truth, all you have are lies, then what comes in is evil. And evil just does its thing.