^^bbm
Yes, to the Complaint and Information.
A preliminary hearing is limited to matters necessary to a determination of probable cause.
In my experience, generally, Colorado Criminal Courts tend to seal the AA, and/or suppress public access, until the Preliminary Hearing is concluded.
For BM's case, I believe Judge Murphy ordered the AA released about a week after the 4-day hearing so in this regard, no, we didn't have access to the AA document before or during the hearing.
You may recall the Media Consortium put up a fight for immediate access-- relying on revised Rule 55.1 that was effective May 10, 2021, but to no avail.
Here, the AA served somewhat as the index or agenda to the four-day preliminary hearing where the Court ruled the prosecution satisfied the burden to show probable cause, and the Court ruled the case was bound over for trial.
Rule 55.1 - Public Access to Court Records in Criminal Cases, Colo. R. Crim. P. 55.1 | Casetext Search + Citator
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ETA: Add Order to suppress AA from the public until 7 days after expiration of the Order.
Thank you!
I had wondered how the "story" was told. The complaint is very skimpy, so like you say, they must have used the AA like an agenda, given there was no opening.