Nicholls Attorney Attempts To Dismiss Murder Charges

COLORADO SPRINGS – Defense attorneys for a woman on trial for killing her three children sought to have all the charges against her dismissed.

Cindy Jones, attorney for Deborah Nicholls, argued Wednesday morning that the prosecution failed to prove its case on all counts against Nicholls. She faces 11 counts including three for murder in the fire in March of 2001 at her home at 4107 Undimmed Circle in Colorado Springs. Nicholls three children died in that fire. Deborah Nicholls was not home at the time of the fire and Jones argued that there was no evidence presented that tied Nicholls to a plan to set the fire. Jones said the only evidence presented that tied Deborah Nicholls to the crime was testimony by admitted jail-house snitch Hiram Church. Jones suggested his testimony was unreliable as he got out of jail in return for that testimony.

El Paso County Judge Steven Pelican denied the motion to dismiss the charges. He says enough evidence was presented to believe that a jury could reasonably come to a guilty verdict.

One count against Nicholls was dismissed by prosecutors. The charge of intimidation of a witness was dismissed at the request of the alleged victim, Sandra Wilson, who is Deborah Nicholls Mother.

The defense began presenting its case to jurors after Judge Pelican rejected the plea for the case to be dismissed.