Appeals Court Overturns Denver Strangulation Conviction
Colorado's second-highest court reversed a Denver man's assault conviction, finding an expert's testimony about the potential risks of strangulation had no bearing on the facts of the case.
The case involved a Denver man, Bauereiss, who got into an argument with a victim. He allegedly used a dog leash around the victim's neck and smothered her with a pillow, but her breathing was not impaired in either instance.
- Bauereiss was charged with two counts of assault for use of the leash and pillow.
- He was also charged with one count of obstructing telephone service for taking the victim's cell phone.
Jurors at his 2022 trial acquitted Bauereiss of the leash-related offense but found him guilty of the other charges.
The expert's testimony about the potential risks of strangulation had no bearing on the facts of the case.
Author's summary: Court overturns conviction due to improper expert testimony.