The Colorado Constitution gives defendants the right to “appear and defend in person and by counsel,” and the Sixth Amendment guarantees the ability to confront witnesses. More broadly, Colorado recognizes that a criminal defendant has the right to be present at all phases of his prosecution.
So, what happens when a defendant and his lawyer are barred from observing all judge and jury communications during a trial?
“The problem really is that a jury is there to judge the defendant. They are judging everything from their clothing, haircut, posture, demeanor, facial expression and hand gesture. Every blink of the defendant’s eye is there, on display, to be judged,” said Colleen Kelley, criminal defense attorney and partner at Wolf Law, LLC. “When the defendant is suddenly absent, these ‘judges’ of behavior are free to wildly speculate about the most sinister explanation for the defendant’s absence.”
Click here to read the complete article and more insights from defense attorney Colleen Kelley.
