It seems strange to us that a man could be charged with murder and jailed for three years when there is not enough evidence to effectively prosecute the case. In our judicial system, that makes a suspect not guilty or at least allows him to go free while the investigation continues.
In the case of murder suspect Derek Colson, it seems a rush to judgment led investigators to build their case around one suspect rather than thoroughly investigating the case. The 42-year-old Hickory man was charged with two murders and attempted murder in 2004.
More than three years have past since Colson was jailed for the crimes, and there is still no certainty he is the killer. The delay no doubt hinders any further investigation into the murders and leaves us to wonder if a killer is walking the streets of Hickory.
Investigators were too quick to pin the murders on Colson and now the only evidence they have — three signed confessions — have been deemed inadmissible.
Hickory Police Department investigators used a technique when interrogating Colson known has "off the record." What this means is that investigators take statements "off the record" in hopes of getting a signed confession later after reading the suspect his Miranda rights.
It did not work in the Colson case.
Instead, Superior Court Judge Yvonne Mims Evans dismissed the District Attorney's Office appeal that sought to allow a jury to hear the three statements made by Colson to law enforcement officers the night he was arrested.
Evans suppressed Colson's statements saying the suspect did not understand the legal consequences of making his statements. He had been diagnosed as mentally retarded and schizophrenic and did not understand his rights, Evans said.
What makes this harder to swallow is the District Attorney's Office had 35 days to appeal Evans' decision on the statements or to file for an appeal extension, but failed to meet the deadline. How did this happen?
Assistant District Attorney Sean McGinnis said "The District Attorney's office made an oral request to Judge Yvonne Mims Evans to extend the time allowed to perfect the record on appeal."
Evans rejected the oral request because it had to be a written motion, not oral. Five days after the ruling, Colson was released on bond.
In her ruling, Evans found "the state has failed to comply with the deadline for service of its proposed record of appeal or show good cause for noncompliance as required by N.C. Rule."
It is clear to us that mistakes were made by police investigators and the District Attorney's Office.
The evidence suppressed by the judge was the District Attorney's Office's case. Without, it there is no case or a weak one at best.
It amazes us that anyone can be held for three years without trial, and there is not enough new evidence to support prosecution.
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