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.
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