##  [Prosecutor Misconduct No. 1729108538 - 64296511](/prosecutor-misconduct-no-1729108538-64296511) 

  [![](/sites/default/files/styles/square_500_x_500_/public/default_images/download%20%289%29%20%282%29_0.jpg?itok=5WstKkf1)](/individual/nathaniel-%20marsh)Nathaniel Marsh

 









 

 



 

 

**[Douglas County District Attorney](/colorado/douglas-county-district-attorney)**

4000 Justice Way, Suite 2525-a

Castle Rock, Colorado 80109

[(720) 733-4500](tel:%28720%29733-4500)









 

 



 

 

 [![Douglas County District Attorney](/sites/default/files/styles/max_325x325/public/2022-11/FgfhndNVUAEg0m6_0.jpg?itok=MgxEphty "Douglas County District Attorney")](/colorado/douglas-county-district-attorney)





 

 



 

 

 





## Date of Offense

June 17, 2021





 

 



 

 

## Offense(s)

[Attorney Misconduct](/prosecutor-complaint-categories/duty/attorney-misconduct)





 

 



 

 

 





## Reporting Authority

This complaint has been forwarded to the [Colorado Bar Association](/colorado/colorado-bar-association)





 

 



 

 

 





## Supporting Document(s)

 [bf220b83dedd388d83cdab3b5f8aaa37-1728434444.pdf](/system/files/webform/prosecutor_complaint/8319/bf220b83dedd388d83cdab3b5f8aaa37-1728434444.pdf)

 

 

 

## Statement

¶ 31 The excluded DNA evidence was therefore critical for the jury to properly understand the significance of the absence of Hood's DNA. The presence of the other DNA undermined the prosecution's theory that Hood's DNA was not present because K.H. showered or expelled it naturally. Without the excluded DNA evidence, the jury was given the misleading impression that K.H. washed off or expelled all DNA from that part of her body. That impression was false. And the court deprived Hood of the only means of testing that part of the prosecution's case by excluding the DNA evidence and “directing” defense counsel to “not leave the impression that there was another source,” including through the questioning of witnesses.