COLORADO SPRINGS, Colo. (KOAA) — 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 August 1.
The Fourth Judicial District Attorney's (DA's) Office is appealing that order. You can read a statement from the DA's Office regarding the appeal below:
This week, an El Paso County District Court Senior Judge issued a final order granting Deborah Nicholls a new trial in her 2007 felony murder case based off events that occurred in 2003. The Fourth Judicial District Attorney’s Office has appealed that order.
This case arose from events that occurred 23 years ago - under a different administration. Since then, the office has experienced significant changes in leadership, personnel, policies, training, and technology. Discovery practices have also evolved substantially, and prosecutors today receive training on the sophisticated technologies and processes required to meet modern discovery obligations.
As indicated by the filing of an appeal, this office disagrees with the District Court’s ruling. Once the Colorado Court of Appeals issues its opinion, we will have more information regarding the next steps.
The case goes back to a house fire in 2003, which killed 11-year-old Jay, five-year-old Sophia, and three-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.
Jeremy Loew, a defense attorney in Colorado Springs pointed to the challenges that may come with retrying the case in the future.
"Witnesses are gone, investigators are gone, police reports are gone, " Loew said, “this is a long time ago, and as a result of that, everything can be different, and I think that it really probably calls into doubt the validity of the conviction and whether or not the prosecution moving forward can prove the conviction again.”
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 August 20 for a bond hearing.
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