When a criminal suspect is identified clearly on video surveillance, defense counsel may do best to initiate bargaining sessions with the prosecutor. Such a tactic generally results in greater power for the defense to influence the prosecutor on a reduced charge and sentence. It may or may not be time for that kind of strategy in a recent case where a 64-year-old man is facing felony charges for allegedly leaving a bomb in front of a police station in the tiny Colorado town of Nederland.
The hitch in the facts of this case is that the suspect is 3 feet, 6 inches tall. It makes it more difficult to fight identification if there is that kind of a major identification factor that separates the suspect from most other persons. The facts are made more convincing by alleged videos of the suspect purchasing two cell phones used in the plot. FBI agents allegedly tracked the cell phones used in the device to two stores, and obtained video footage at each store showing the suspect.
The chain of incriminating events is even worse based on allegations by the Nederland Police that the police chief noticed a man of that description being evacuated from a motel across the street from the police station on the day the bomb was found. There is no information on what the perpetrator’s motive would have been. There is also no report on the accused’s version of the events.
The accused is from another state, and it is unknown why he traveled to Colorado to allegedly plant a bomb next to a police station in a small mountain town. In addition, the facts are unclear why and how police came to arrest the man for the felony offenses when he was getting off a plane in a third state. If the reported incriminating evidence holds up, however, it will be necessary for defense counsel to take early action to negotiate an agreement that will expedite a resolution and will in return result in a reduced sentence.
Source: CBS News, “Colorado bomb suspect’s description stood out in surveillance video, docs say“, Oct. 17, 2016