Judge will allow Windsor woman’s testimony to police at false-reporting trial
July 19, 2014
A Weld district judge on Thursday ruled that statements a woman formerly of Windsor made to police about a November sexual assault investigators believe never happened will be allowed at her possible trial.
Katherine Bennett, 21, has been charged by the Weld District Attorney with attempt to influence a public servant, a class-4 felony.
The charge stems from an incident in November when she told officers a man had kidnapped her from the Windsor Safeway parking lot, held her at knife point, took her to his home and raped her before agreeing to let her go the following morning.
Those allegations were proven untrue, according to an arrest affidavit. As a result of Bennett's allegedly false statements, the man was arrested and jailed and has suffered great personal hardship and embarrassment, Windsor police said previously.
Bennett's attorney argued a video of Bennett's interview with Windsor police includes statements that aren't relevant to the case and could inappropriately sway a jury.
Weld District Court Judge Timothy Kerns said Thursday he had reviewed the video recording of Bennett's interview with Windsor police. Kerns decided to allow its inclusion at trial, he said, because the statements constitute material evidence.
"It's logically relevant because it advances the idea that this was contemplated by (Bennett)," Kerns said.
He also noted the interview was conducted in a "professional" manner.
Bennett will next appear in Weld district court in August for a pre-trial conference.