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DA's office loses appeal on evidence in Colson trial

TIMELINE OF EVENTS

March 3, 2004 — Betsy Dickens is found, beaten to death, north of Brookford off U.S. 70, SE.

March 25, 2004 — Beverly Linebarger is found severely beaten off South Center Street. She survives the attack.

April 9, 2004 — Cynthia Lail is found severely beaten in southwest Hickory. She’s alive.

April 2004 — A task force is created to find the person or people responsible for the attacks and murders. The task force includes the Hickory Police Department, Catawba County Sheriff’s Office, State Bureau of Investigation and Federal Bureau of Investigation. The Newton Police Department also assisted.

August 2004 — Lail dies of her injuries.

September 2004 — N.C. Gov. Mike Easley announces a $12,500 reward for the arrest and conviction of the person or people responsible for the assaults and murders. Hickory Police Chief Floyd Lucas increases the reward to $15,000, stating the $2,500 is money from drug seizures. Reward posters are placed across the county.

March 2005 — The one-year anniversary of the first death arrives without an arrest. Investigators continue to receive tips on a monthly basis.

Nov. 16, 2005 — The SBI verbally notifies Hickory police that there was a match to a convicted offender to the North Carolina DNA database on the evidence the department submitted.

Jan. 12, 2006 — A written report of that match is sent to Hickory per the SBI crime lab policy.

March 23, 2006 — Investigators receive a key tip.

March 23, 2006 — At 6 p.m., Derek Morris Colson, 39, is arrested in Asheville. He’s charged by Hickory police with felony murder in the death of Lail and by Catawba County sheriff’s deputies with felony attempted murder in the assault of Linebarger. Charges are pending in Dickens’ death.

March 24, 2006 — Colson has his first appearance in court. Bond is denied. A probable cause hearing is set for April 12.

Feb. 12, 2009 – Superior Court Judge Yvonne Mimms Evans suppresses three statements given by Colson to investigators when he was arrested and sets his bond at $80,000 secured.

February 18, 2009 – Colson makes bond and leaves jail to return to Asheville with his wife.

April 13, 2009 – Colson files a lawsuit against the law enforcement officers who interrogated and arrested him.

July 17, 2009 – Judge Evans dismisses the District Attorney’s office appeal that sought to re-admit Colson’s statements.

Aug. 3, 2009 – The District Attorney appeals the judge’s dismissal.

Aug. 19, 2009 – The District Attorney’s appeal is dismissed.

Sept. 15, 2009 – The district attorney dismisses the charges against Colson

By Richard Gould | Hickory Daily Record

Published: August 20, 2009

HICKORY - The North Carolina Court of Appeals has ruled against the Catawba County district attorney's office on the admission of key statements in the case of a man charged with two counts of first-degree murder and one count of attempted first-degree murder.

The attacks occurred in March and April 2004. Derek Colson, 42, was arrested for the crimes in March 2006.

In February, Superior Court Judge Yvonne Mims Evans ruled three statements Colson made to law officers the night he was arrested would be suppressed and not used against him during the trial. The ruling came during pre-trial hearings.

Evans suppressed Colson's statements because Colson did not understand the legal consequences of making these statements. He had been diagnosed as mentally retarded and schizophrenic and did not understand his rights, the judge said.

Assistant District Attorney Sean McGinnis filed a notice that he would appeal the judge's decision.

The formal appeal missed the deadline, and Evans rejected it at the request of Colson's lawyer.

The district attorney's office appealed that decision, as well.

The state attorney general's office presented the legal issues about the original suppression ruling and the procedural issue of the appeal's missed deadline to the Court of Appeals. The court denied the petition Monday.

"Judge Evans' order is final, and the case is ready to be tried or dismissed at this point," said Colson's attorney Robert Campbell. "I don't feel they have a case without that statement."

He added that Colson has denied any involvement in the crimes since he was accused of them, and the suppressed statements include further denials and a theoretical statement of how and why someone would have committed the crimes.

Colson made the statements when police asked for his help in understanding what may have happened to the victims during and after the attacks because of his substance abuse background and his knowledge of the areas in Hickory where prostitutes work.

Colson's DNA and the DNA of other men was found in one of the victims who was a prostitute. Colson admitted having had sex with the woman, but denied killing her.

"They (prosecutors) don't have any other evidence," said Lisa Dubs, also on Colson's defense team. "My opinion is that they should dismiss this case."

"We will be meeting with law enforcement agencies who investigated the case in the near future to discuss the future course of the case," said Assistant District Attorney Eric Bellas.

He said he expects that meeting to take place within the coming week.

The case is scheduled to go back to court Sept. 8 to review its status.