28 Sep Colorado Architect Micah Kimball Wrongfully Accused by State Prosecutors Found Not Guilty
Colorado architect, wrongfully accused and prosecuted by the State of Colorado, found not guilty of First Degree Murder and False Imprisonment.
DENVER, September 28, 2020
The attorneys for accomplished architect Micah Kimball announced that he was found Not Guilty by a jury of his peers. Micah Kimball endured a two-week trial and a Colorado jury found him Not Guilty of First Degree Murder and False Imprisonment. Evidence concealed by prosecutors and evidence uncoveredby Colorado criminal defense attorneys, Iris Eytan and Dru Nielsen, of Eytan Nielsen LLC, proved that Micah was as innocent as he was the day he was wrongfully arrested for crimes he did not commit.
In this matter, the police failed to obtain valuable evidence and the prosecution concealed evidence pointing to Micah’s innocence. Through thorough investigation, exhaustive questioning, and relentless litigation efforts, Eytan and Nielsen confirmed the truth – Micah did not imprison or murder his fiancée. Iris Eytan commented, “The prosecutors withheld the Lead Homicide Detective’s and Deputy Director of the Crime Lab’s opinions made just weeks after Micah’s arrest. They told the prosecutors that in their opinion the evidence supported a self-inflicted gunshot wound, not a homicide. Fortunately, Ms. Nielsen and I discovered this concealed evidence of innocence just before trial. Pursuing a conviction against an innocent human being is unjust. It happened, here, and while we are pleased with the result, we are working to change the laws regarding prosecutorial misconduct and immunity so that this does not happen again.”
Background on Micah Kimball’s Wrongful Prosecution
In the moments before her death, Micah Kimball made every effort to save his fiancée’s life. He performed CPR and he called 911 begging for help to save her. When police arrived with guns drawn, the first thing they did was arrest Micah at gun point. He was put in jail without bond, where he grieved alone in a cell over the loss of his fiancée.
Micah’s murder trial proceeded in the midst of the COVID-19 global pandemic. While the circumstances and conditions of the trial were less than ideal, Micah and his legal team were determined to protect and ensure his constitutional rights to a speedy and fair trial. Eytan and Nielsen attacked the prosecution’s case and their unsupported and speculative theory of homicide. Eytan and Nielsen also called their own witnesses, including an expert who had previously been a prosecution expert, to establish that the gunshot was self-inflicted.
On August 14, 2020, after Eytan and Nielsen cross examined approximately 25 police, lay and expert witnesses, the jury returned the verdict – Not Guilty of First Degree Murder and Not Guilty of False Imprisonment. While the defense was confident throughout the trial, the jury’s verdict validated what Eytan and Nielsen already knew – Micah Kimball was wrongly accused of crimes he did not commit.
Colorado State Justice Reform is Needed
The police and the prosecutors failed Micah Kimball. Eytan and Nielsen and the courageous Coloradoans that served on his jury did not. But Micah Kimball’s experience is not unique. Unfortunately, every day in this country innocent people are charged with crimes they did not commit due to prosecutorial misconduct. Eytan and Nielsen urge the media and the general public to push for change in the form of prosecutor transparency and accountability. This systemic change will require prosecutors and police to think twice before they damage the lives of regular people based on speculation and when they possess evidence of innocence.
Iris Eytan and Dru Nielsen are two of Colorado’s top criminal defense attorneys. They practice in all aspects of high profile criminal law including felony defense, white-collar defense, and Title IX defense.