{"id":94144,"date":"2019-05-07T19:21:16","date_gmt":"2019-05-08T01:21:16","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/prosecutors-seek-to-admit-dylan-redwines-statements-at-trial\/"},"modified":"2019-05-07T19:21:16","modified_gmt":"2019-05-08T01:21:16","slug":"prosecutors-seek-to-admit-dylan-redwines-statements-at-trial","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/prosecutors-seek-to-admit-dylan-redwines-statements-at-trial\/","title":{"rendered":"Prosecutors seek to admit Dylan Redwine\u2019s statements at trial"},"content":{"rendered":"\n

\"Mark
Mark Redwine, father of Dylan Redwine, speaks at a vigil for his son in November 2012 at Eagle Park in Bayfield. Mark Redwine has been charged with second-degree murder in the death of his son.<\/span>Durango Herald file<\/span><\/figcaption><\/figure>\n<\/p>

Prosecutors say Mark Redwine killed his 13-year-old son, Dylan, in La Plata County about 6\u00bd years ago. Now, they have provided the court with detailed information about the boy\u2019s statements to family, friends and legal professionals that they say link the father to the boy\u2019s death.<\/p>\n

Sixth Judicial District Attorney Christian Champagne filed a second-degree murder charge against Redwine in 2017, five years after Dylan disappeared after arriving in La Plata County on a court-ordered visit to his father. Court documents filed at the time suggested that tension between Redwine and his son was the \u201cultimate motive for the murder.\u201d<\/a><\/p>\n

\"Dylan
Dylan Redwine<\/span>du1-i-syn<\/span><\/figcaption><\/figure>\n<\/p>

Attorneys working the Redwine trial have been barred from speaking about the case and, therefore, declined to comment.<\/p>\n

Redwine is charged with second-degree murder and child abuse resulting in death, both Class 2 felonies. He faces 16 to 48 years in prison if found guilty of either charge.<\/p>\n

Prosecutors formalized the statements they would like to introduce from Dylan in a document that details what the boy said to others about his relationship with his father. The document, as ordered by 6th Judicial District Court Chief Judge Jeffery Wilson, cites evidence contained in hundreds of pages of discovery.<\/p>\n

Wilson must now review Dylan\u2019s statements and decide whether 13 conversations the boy had with 10 people before he died will be permitted at trial, which is scheduled to start Sept. 18.<\/p>\n

The law Champagne is asking Wilson to rule on is known as hearsay: a statement about another person\u2019s words that cannot be substantiated, cross-examined or established as credible. For example, if someone is testifying about a conversation she had with a friend as truth, but the friend cannot appear in court to substantiate the conversation, that would be hearsay.<\/p>\n

In this case, Dylan is not able to testify about the statements prosecutors are attempting to admit into evidence or be cross-examined by the defense.<\/p>\n

But prosecutors say the boy\u2019s words are crucial to fact-finding, suggesting Dylan\u2019s statements corroborate each other. Prosecutors maintain:<\/p>\n

The boy had no reason to lie about the tension between him and his father.<\/em>Audio recordings and electronic records confirm the truthfulness of the conversations.<\/em>It would be an \u201cinjustice\u201d to not allow the jury to consider Dylan\u2019s statements, especially because his father downplayed the tension in the relationship to law enforcement after the boy\u2019s death.<\/em>\u201cDylan cannot speak for himself, but he made it clear to many people that he did not want to visit the defendant and that there was significant tension in his relationship with his father,\u201d Champagne wrote in a notice to introduce statements.<\/p>\n

He added: \u201cTo allow the defendant to downplay this tension and mischaracterize this relationship to law enforcement in interview after interview without the jury having Dylan Redwine\u2019s input would be an injustice and thwart the fact-finding, truth-seeking responsibility of the jury.\u201d<\/p>\n

bhauff@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

decide if boy\u2019s comments to others can be substantiated<\/p>\n","protected":false},"author":1,"featured_media":94145,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5736,5735],"tags":[133,519,13,131,867,4531],"naviga_topic":[],"class_list":["post-94144","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-local-news","category-news","tag-courts","tag-dylan-redwine","tag-frontpage-lead","tag-homicide","tag-la-plata-county-courthouse","tag-mark-redwine"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/94144","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=94144"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/94144\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/94145"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=94144"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=94144"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=94144"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=94144"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}