Drug bust conviction overturned by appeals courts

COLORADO SPRINGS, Colo. (KRDO) -- Last week, the Colorado Court of Appeals ruled to reverse a Colorado Springs drug conviction and ordered a retrial on the same charge. In their review of the case, the appellate judges said the district court 'erred by admitting certain evidence.

Pedro Rodriguez was found guilty of a felony-level drug charge - possession with intent to distribute a controlled substance - and obstructing a peace officer after he fled from officers back in September of 2017. During his arrest, a Colorado Springs officer said they recovered a bag filled with white powder - which a chemist later identified as cocaine. 

According to a summary of the case provided in the Appellate court's decision, the prosecution successfully authenticated the bag of cocaine through the arresting officer’s testimony. The officer testified that he recognized the bag of powder as the same substance he had recovered at the scene — even though this incident occurred more than a year prior. 

In their appeal, the defense argued that the judge should not have admitted the bag of cocaine because the prosecution failed to establish a sufficient ‘chain of custody' for the evidence. 

The Court of Appeals agreed with this complaint. 

“Because the officer, in this case, had no knowledge of the bag’s whereabouts after he handed it to a sergeant at the scene and the sergeant did not testify, there was no factual basis for the jury to determine that the evidence admitted at trial was the same bag of powder recovered at the scene,” the appellate judges said in their decision. 

In their decision, the appellate judges said District Court Judge David Shakes ‘erred by admitting the evidence.'

The Rodriguez defense also contended that the trial court committed two additional errors in regards to the obstructing of a peace officer conviction. The appellate judges concluded there was no merit in these contentions. 

Lt. Jim Sokolik with the Colorado Springs Police Department declined to comment due to the case being retried. Meanwhile, a spokesperson for the Fourth Judicial District Attorney's Office told 13 Investigates they 'are currently reviewing the appellate court decision. It would be premature for any discussion from our office'.

13 Investigates reached out to District Court Judge Shakes for comment as well. We are still waiting on a response.

According to court records, a review of the case is scheduled to be held on Friday in District Court Judge David Shakes' courtroom.