GordianKnot
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March 23, 2020 (DENVER, Colo.)— Attorney General Phil Weiser today released the following statement urging state courts to reschedule criminal trials to protect all trial participants from the COVID-19 virus:
I urge Colorado’s courts to recognize that, with the need to protect all trial participants from the deadly COVID-19 virus, trials should be rescheduled, and the speedy trial deadline should be recalculated under both of these statutory exceptions.
Under Colorado’s speedy trial statute, criminal charges must be entirely dismissed if a case does not proceed to trial by a certain deadline. The statute, however, allows prosecutors and defendants to agree to restart the clock and push the deadline out. Thus, I urge the parties in criminal cases to reach an agreement on doing just that—recognizing that we are in a public health emergency.
The COVID-19 virus endangers the lives of older persons and those with underlying health conditions. It is essential that Colorado’s courts recognize that our speedy trial deadlines can and should be interpreted in a way that keeps judges, jurors, witnesses, attorneys, defendants, and other Coloradans safe. Over the longer term, I will recommend to the General Assembly that we clarify that public health emergencies should be recognized in the speedy trial law as a basis to stop the clock.”
Attorney General Phil Weiser says speedy trial deadlines should be extended to keep Coloradans safe from COVID-19 - Colorado Attorney General
This would be fine, just so long as the Colorado AG and the legislature make sure there are no legal loopholes for defendants to exploit.
The last thing anyone wants is to see convictions overturned on appeal b/c the defendant didn't receive a speedy trial.
As we all know, TS would jump at the first opportunity to scream that her constitutional rights had been violated.
JMO.