Feb 18, 2014 5:25 PM by Jennifer Horbelt
PUEBLO COUNTY, CO- A judge unsealed the arrest affidavit in the case against Harry Mapps, as family members of the victims looked on in court Tuesday.
Mapps is charged with multiple counts of murder in the deaths of three people in late November. Reginald Tuttle, Kim Tuttle, and Dawn Roderick were found shot to death in their Rye home. Authorities say the home was then set on fire to conceal the crime.
At the motions hearing, Mapps' attorney argued that releasing the arrest affidavit could put their defense at risk. They filed a motion to conceal the affidavit several weeks ago after a local newspaper obtained it, and printed details of the crime.
Mapps' attorney said the content of the affidavit reflects information that would be included within pre-trial publicity, and that it's one-sided as to why law enforcement believes Mapps is guilty. They also argued it does not include Mapps past military service record, or the fact that he had a clean record prior to his arrest in this incident.
Prosecutors wanted the affidavit unsealed. District Attorney Jeff Chostner countered the arguments of the defense in court, saying that while the affidavit does represent why law enforcement believes Mapps is guilty, it would not be a shock to the public.
"It would be fantasy to believe that during the course of this case that we're not going to have evidence released during the pre-trial process," Chostner said in court.
The judge then ruled in favor of the prosecution, unsealing the affidavit. The judge said arrest affidavits are typically one-sided, and do not represent both sides of the story.
Another hearing for Mapps is set for March 20 at 3pm.