COLORADO SPRINGS, (Scripps News Group) — A Colorado Springs mother’s murder case of her three children who were killed in a fire has been vacated and her convictions were overturned.
According to court records and her attorney, 59-year-old Deborah Nicholls' murder case was vacated and her conviction was overturned on Aug. 1.
The case goes back to a house fire in 2003, which killed 11-year-old Jay, 5-year-old Sophia, and 3-year-old Sierra. Five years later, the children’s parents, Deborah and Timothy Nicholls, were convicted and sentenced to life in prison.
This comes after a judge held off on Nicholls' murder conviction back in June, where discussion continued over how to proceed after an April ruling found scientific evidence had been withheld during her original trial.
In April, an El Paso County District Court judge determined that evidence related to the fire investigation had not been disclosed to defense during Nicholls’ 2008 trial. After that ruling, the El Paso County District Attorney’s Office filed an appeal and asked that Nicholls’ case be set for a new trial. That is called a Brady violation, which undermines an individual’s right to a fair trial.
Nicholls will be transferred back to the El Paso County Jail on Aug. 20 for a bond hearing.
___
Colorado Springs man held at Aurora ICE facility, separated from four-year-old son
A man is working to get home to his son in Colorado Springs with special needs. He is currently detained at the ICE detention center in Aurora.
____
Watch KOAA News5 on your time, anytime with our free streaming app available for your Roku, FireTV, AppleTV and Android TV. Just search KOAA News5, download and start watching.
