County District Court No. 14CR3620, Honorable Thomas R.
H. Coffman, Attorney General, Elizabeth Ford Milani,
Assistant Attorney General, Denver, Colorado, for
A. Ring, Colorado State Public Defender, Andrea R. Gammell,
Deputy State Public Defender, Denver, Colorado, for
1] Defendant, Joshua Thomas Bohl, appeals the trial
courts decision denying him access to juror contact
information. We affirm. Because the record lacks evidence of
jury misconduct, the trial court did not abuse its discretion
in declining to release juror contact information.
2] A jury convicted Bohl of one count of first
degree murder for killing his girlfriend, Jayme Hosier.
3] During a four-day trial, the prosecution
presented evidence that Bohl killed Hosier in a Commerce City
apartment. Bohl initially told police that Hosier died when a
television accidentally fell on her head, but the forensic
pathologist determined that Hosier died from asphyxiation due
to blunt force trauma to the neck. The key dispute at trial
was whether Bohl had the requisite intent to commit first
degree murder. The prosecutions pathologist said that
pressure to Hosiers neck would
have had to continue for three to five minutes before she
died, but the defense expert testified that Hosier could have
died sooner, helping to negate intent.
4] The day after the verdict, a deputy district
attorney who was not involved in prosecuting the case sent a
text message to Shelley Hillesheim, the wife of jury foreman
Mark Hillesheim. Mrs. Hillesheim and the deputy district
attorney knew each other, and the deputy district attorney
asked if Mr. Hillesheim would provide feedback on the trial
and the prosecutors performance during the case. Mrs.
Hillesheim replied as follows:
The minute Mark got selected to sit on the case, I knew he
would be the foreman too. I told him I was calling it. He
took it very seriously too. It kind of amused me. He would
come up and look up and research various scientific items
that were presented, etc. He said he even mapped out his own
timeline of events so he could try to put it together in his
mind. He said hed be more than happy to share his feedback.
He took lots of notes and still is frustrated by certain
5] Following this communication, the People filed a
"Notice of Juror Contact" with the trial court. In
response, Bohls counsel quickly filed a motion for a new
trial. In addition to requesting a new trial, Bohl requested
alternatively that the court hold a ...