Posted: Jan 19, 2012 8:09 PM by Andy Koen
Updated: Jan 19, 2012 11:24 PM
Defense attorneys want a judge to throw out the murder case against a former Monument man accused of killing his daughter on the grounds that detectives in the case lied about a confession.
Hanif Sims and his former girlfriend Monique Lynch were arrested at a motel in Henderson, Nevada on July 7, 2010 for the death of Sims' seven year-old daughter Genesis. Her body was found two months earlier buried in the crawl space of a home in Monument where the couple had lived.
In the arrest warrant, Detectives Ralph Losasso and Robert Jaworski of the El Paso County Sheriff's Office stated that Sims confessed to them on July 8, 2010 that Genesis' body lay in a bed for two days and that she was breathing shallowly. They also stated the couple declined to call 911 because Lynch was pregnant and had a warrant out for her arrest.
However, a recording of that interview from the Henderson Jail doesn't contain that admission. The recording was only recently provided to the defense last month after the detectives testified to the truth of their statements in the warrant.
During his testimony, Detective Losasso stated that their first interview with Sims on July 7 lasted until early in the morning on July 8 and that the second interview happened later that morning. He said they had been working without sleep for over 24 hours and that the statement Sims gave were similar in both interviews.
Detective Jaworski, a 24 year law enforcement veteran, admitted, "a mistake was made, I admit to the mistake, we overlooked something."
Defense attorneys allege the detectives intentionally hid the evidence and that the omission constitutes "outrageous government misconduct." But prosecutors contend the accusations are "not even close" to the high legal threshold necessary to establish outrageous misconduct. They say there is no evidence that the detectives acted willfully or intentionally.
District Court Judge David Miller called a recess for the evening and he would issue a written decision. Monique Lynch pleaded guilty in June to a lesser charge of child abuse resulting in death and was sentenced to 27 years in prison. Sims trial is currently scheduled for January 30.