Thursday, August 7, 2014

Colorado Court of Appeals People v. Nozolino 12CA2308

Decision here.

   Nozolino was the subject of a grand jury investigation (involving threats against and murder of some people related to his divorce proceedings).  He tried to dissuade various people from cooperating with the grand jury by either givign them a preprinted letter which said that they had the right not to answer questions put to them by the grand jury, or by telling them that he suggested they didn't cooperate with the police.

   After he was convicted of witness tampering, he appealed.  The court of appeals held that the preprinted letters were witness tampering, but suggesting that someone not cooperate with the police is not (because talking to the police isn't the same thing as testifying).  The court also held that the law against tampering with witnesses does not violate Nozolino's right to free speech.

   Two of the four counts against him were affirmed (for the cards), the other two (for the police) were reversed.

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