A Colorado district court ruled that prosecutors violated Deborah Nicholls’ constitutional right to a fair trial by suppressing scientific evidence that undermined the prosecution’s arson theory in her 2008 conviction.
The El Paso County District Court found the nondisclosure deprived Nicholls of a fair trial and scheduled a status conference for May 27 to determine next steps.
The ruling follows years of investigation and litigation led by the Korey Wise Innocence Project at the University of Colorado Law School, represented by attorney Kathleen Lord and McCabe Law. Nicholls has maintained her innocence and has been incarcerated for more than 18 years following the March 7, 2003 fire that killed her three young children.
At trial in 2008, prosecutors argued laboratory testing confirmed the presence of accelerants, supporting the conclusion that the fire was intentionally set. But in 2026, the court found prosecutors failed to disclose contradictory scientific findings that called that conclusion into question.
The undisclosed evidence included communications and analysis from Colorado Bureau of Investigation analyst Tom Griffin, who reviewed testing performed by three laboratories involved in the case. Griffin concluded the CBI’s initial testing found no ignitable liquids and that other laboratory findings suggesting accelerants were unreliable because of contamination. Griffin told prosecutors in 2007 that he would not have reported xylenes as evidence of an accelerant.
Prosecutors also failed to disclose an email acknowledging that findings suggesting an accelerant at the fire scene were unreliable. According to the court, the email indicated the testifying analyst likely would not have reported xylenes had he not known a can of Goof Off was submitted with the samples. Xylenes are not unique indicators of accelerants and can also be produced by fire itself.
Additionally, Griffin consulted forensic chemist and lab director Reta Newman, who agreed that chemical analysis detected no accelerants at the fire scene.
The court found none of that information was disclosed to the defense and concluded the evidence likely would have changed the outcome of the case.
“The prosecution built its entire case on the claim that science proved arson,” said Lord. “What the prosecution failed to share with the defense was the fact that its own scientists did not agree. Deborah Nicholls has spent more than 18 years in prison because critical evidence that directly contradicted the state’s theory was never disclosed to the defense.”
“This ruling confirms what we have argued for years, that there was no reliable scientific evidence of arson,” said Janene K. McCabe of McCabe Law. “The jury never heard from the government’s own analyst, who agreed with the defense expert that no ignitable liquid was ever confirmed.”
Additional proceedings are forthcoming as the defense continues to seek full exoneration for Nicholls.