BACKGROUND: "COLORADO SPRINGS, Colo. (KKTV) - "On April 28, the El Paso County District Court ruled that the prosecution suppressed scientific evidence contradicting its theory of arson in Deborah Nicholls’ trial. The court concluded that the issues could have changed the outcome of her 2008 trial. That is called a Brady violation, which undermines an individual’s right to a fair trial. The case goes back to a house fire in 2003, which killed 11-year-old Jay, 5-year-old Sophia, and 3-year-old Sierra. Five years later, the children’s parents, Deborah and Timothy Nicholls, were convicted and sentenced to life in prison. Deborah Nicholls appealed her conviction, but the Colorado Supreme Court decided to let it stand in 2017. According to a press release from McCabe Law on Wednesday, the prosecution’s case centered on the claim that laboratory testing showed accelerants in fire debris, on the children’s pajamas, and on the clothing of their father. Wednesday’s release argued that the Colorado Bureau of Investigation’s analysis in 2003 found no ignitable liquids but that evidence was not shared. McCabe Law said the prosecution also suppressed an email from the prosecutor, acknowledging that the sole testifying lab analyst was swayed in his report by a can of Goof Off submitted with the samples. “This ruling confirms what we have argued for years: there was no reliable scientific evidence of arson,” wrote Janene McCabe. “The jury that convicted Deborah Nicholls never heard from the government’s own analyst, who agreed with our expert that no ignitable liquid was ever confirmed in this case. That is a fundamental denial of justice.” McCabe’s team argued that other parts of the prosecution’s case were biased by the lack of contradicting information. That includes fire investigators, who testified that arson was the cause because they believed laboratory evidence confirmed the present of an accelerant. Kathleen Lord with the University of Colorado’s Korey Wise Innocence Project wrote “Deborah Nicholls has spent more than eighteen years in prison because the government hid evidence that could have set her free.” Nicholls’ defense team said they will work toward her full exoneration. A status heading is schedule for 10 a.m. on May 27. 11 News has interviewed Nicholls about the case before. That coverage is available here. We have requested information related to the April 28 hearing."
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PASSAGE OF THE DAY: "Deborah Nicholls appeared in El Paso County District Court on Thursday, where discussion continued over how to proceed after an April ruling found scientific evidence had been withheld during her original trial. Nicholls and her husband Timothy are serving life sentences for the deaths of their children who died in a fire at the family’s Colorado Springs home more than 20 years ago. In April, an El Paso County District Court judge determined that evidence related to the fire investigation had not been disclosed to the defense during Nicholls’ 2008 trial. After that ruling, the El Paso County District Attorney’s Office filed an appeal and asked that Nicholls’ case be set for a new trial. But during Thursday’s hearing, the judge said the prosecution’s appeal was “premature,” prompting legal questions about whether the court currently has jurisdictional authority to vacate the conviction."
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POST: "Judge holds off on vacating Colorado Springs mother’s murder conviction for now despite agreement from both sides," by Reporter Melissa Henry, published by KKTV, on June 18, 2026. (While in North Carolina, she worked as the Jacksonville Bureau Chief, covering a lot of military and coastal news-- Including two hurricanes. She's excited to have made the cross-country move, trading Atlantic beaches for the front range! Growing up in the Chicago suburbs, Melissa attended her local community college for two years and joined their speech and debate team. In 2016, she received two medals at the Phi Rho Pi National Forensics Organization competition for her informative and persuasive speeches. It was through speech team that Melissa found her love for research, writing, and communicating.)
GIST: "A Colorado Springs mother convicted of murder in the deaths of her three children will remain in prison for now, despite both prosecutors and defense attorneys agreeing her conviction should be thrown out and a new trial ordered.
Deborah Nicholls appeared in El Paso County District Court on Thursday, where discussion continued over how to proceed after an April ruling found scientific evidence had been withheld during her original trial.
Nicholls and her husband Timothy are serving life sentences for the deaths of their children who died in a fire at the family’s Colorado Springs home more than 20 years ago.
In April, an El Paso County District Court judge determined that evidence related to the fire investigation had not been disclosed to the defense during Nicholls’ 2008 trial. After that ruling, the El Paso County District Attorney’s Office filed an appeal and asked that Nicholls’ case be set for a new trial.
But during Thursday’s hearing, the judge said the prosecution’s appeal was “premature,” prompting legal questions about whether the court currently has jurisdictional authority to vacate the conviction.
Those procedural issues were the focus of Thursday’s hearing, with defense attorney Kathleen Lord arguing Nicholls’ case is now stalled because of unresolved technicalities. Lord suggested the Colorado Supreme Court may weigh in and provide guidance. The judge indicated he would follow any direction issued by the state’s highest court.
Following the hearing, Nicholls’ other defense attorney, Janene McCabe, offered a statement:
“Deb didn’t get a fair trial, but now rather than moving forward she is stuck due to procedure and technicalities,” McCabe said. “We believe in Deb and we will not give up fighting for her and getting her home where she belongs.”
Nicholls is due back in court in mid July. The judge said he could issue an order addressing the legal questions before that next hearing.""
The entire story can be read at:
https://www.kktv.com/2026/06/18/judge-holds-off-vacating-colorado-springs-mothers-murder-conviction-now-despite-agreement-both-sides/
Deborah Nicholls appeared in El Paso County District Court on Thursday, where discussion continued over how to proceed after an April ruling found scientific evidence had been withheld during her original trial.
Nicholls and her husband Timothy are serving life sentences for the deaths of their children who died in a fire at the family’s Colorado Springs home more than 20 years ago.
In April, an El Paso County District Court judge determined that evidence related to the fire investigation had not been disclosed to the defense during Nicholls’ 2008 trial. After that ruling, the El Paso County District Attorney’s Office filed an appeal and asked that Nicholls’ case be set for a new trial.
But during Thursday’s hearing, the judge said the prosecution’s appeal was “premature,” prompting legal questions about whether the court currently has jurisdictional authority to vacate the conviction.
Those procedural issues were the focus of Thursday’s hearing, with defense attorney Kathleen Lord arguing Nicholls’ case is now stalled because of unresolved technicalities. Lord suggested the Colorado Supreme Court may weigh in and provide guidance. The judge indicated he would follow any direction issued by the state’s highest court.
Following the hearing, Nicholls’ other defense attorney, Janene McCabe, offered a statement:
“Deb didn’t get a fair trial, but now rather than moving forward she is stuck due to procedure and technicalities,” McCabe said. “We believe in Deb and we will not give up fighting for her and getting her home where she belongs.”
Nicholls is due back in court in mid July. The judge said he could issue an order addressing the legal questions before that next hearing.""
The entire story can be read at:
https://www.kktv.com/2026/06/18/judge-holds-off-vacating-colorado-springs-mothers-murder-conviction-now-despite-agreement-both-sides/
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;
