Attorney Wants DA Sanctioned in Kelso Murder Case

Timothy Bohan was charged last year in the murder of collection agency owner John Kelso.

Now, his defense attorney, Steve Flavin, is asking that the Denver District Attorney’s office be sanctioned for failing to share evidence.

In a hearing last week, Flavin claimed that the DA’s office handed him 673 pages of evidence just moments before Boham’s preliminary hearing was to convene before Judge Andrew Armatas.

"This is gross negligence on the part of the district attorney’s office and deserves some sort of sanction," Flavin said to the judge. The comments were published in the Denver Post. "The dates on these documents go back to November 15, 2006."

Senior Deputy Diane Balkin argued that Flavin wasn’t entitled to all of the records prior to the preliminary hearing and that he already had been given the most important document in the case, that of Boham’s confession.

Judge Armatas denied the request for sanctions but said, "If the prosecutors do it again, I may impose sanctions." He continued the case until February 6.