In The News
- 9News, “How 6 brutal rape charges against Colby Messer unravelled in a Denver courtroom”
- CTV News, “B.C. man plans to restart life after sex assault charges dropped in Denver”
- CBC News, “How 6 brutal rape charges against Colby Messer unravelled in a Denver courtroom”
- CTV News, “Vancouver Island man ready to head home after sexual assault charges dropped”
Our client and his three friends visited Denver from Canada for a Broncos game. The night before the game they went out for drinks, where they met a young woman who went back to their hotel room with them to continue the evening. Fast forward three hours: our client was fast asleep in his hotel room when the young woman had left. The next day, he and his friends enjoyed the NFL game and then returned to Canada. Months later, on his next trip to the United States, our client was arrested in Nevada and extradited to Denver where he faced six counts of sexual assault—each carrying life imprisonment. The young woman had accused our client of taking part in a traumatic gang rape in his hotel room that night while she was highly intoxicated. Confused and horrified by these false allegations, he hired our firm to handle his defense.
Instead of waiting until trial, our firm made the calculated decision to present evidence at the preliminary hearing—evidence that included hotel video security footage showing the woman leaving the hotel sober and composed, and cell phone tower data that pinpointed her movements throughout the night. This data revealed that she had left the hotel and immediately met up with another man through the dating app “Tinder” instead of going to the police to report the fabricated sexual assault. At the preliminary hearing, we called the prosecution’s state toxicologist who explained that the woman was not intoxicated or impaired on the night in question, discrediting her claim that she had been blackout drunk. We retained forensic experts and presented DNA evidence that further invalidated her story, proving that our client’s DNA was nowhere in the room nor on the woman. We also called the woman’s friend, who testified that the woman had told her that the late-night activities at the hotel were consensual. The hearing involved two days of cross-examination and exposed the accuser’s countless lies. Meticulously dissecting the police audio and video interviews decimated the prosecution’s case against our client and convinced the judge to dismiss four of the six counts. After careful consideration, the prosecution met with the elected district attorney and the office dropped the remaining two charges. The nightmarish allegation ended, and our client returned to Canada and started a family.
Related Practice Areas
- Crisis Management
- Cyber Crimes
- Disciplinary & Regulatory Actions
- Internal Compliance Investigations
- Public Corruption
- White-collar Crimes