Olt

Olt: 2-year-old won't testify - despite subpoena

July 28, 2001

by Aspen C. Emmett
Journal Staff Writer

When Jodie Grimes received a subpoena to testify at a criminal trial against her granddaughter’s father, John Coleman, it came as no surprise.

But when a second subpoena arrived for her 2-year-old granddaughter Aniston, Grimes was appalled at the idea that the district attorney’s office would put a toddler on the witness stand.

According to police reports, on May 21, 2000, Coleman, of New Orleans, attacked his ex-girlfriend, Jennifer Davis, as she was walking down some steps at the Mancos High School graduation. He then allegedly grabbed their 15-month-old daughter, Aniston, and fled the area.

Two weeks later Coleman turned himself in to authorities in Durango after leaving the baby in Louisiana with his mother.

The child is "commanded to appear in the District Court of Montezuma County . . . to testify on behalf of the People of the State of Colorado vs. John Coleman at a jury trial," according to the subpoena issued on July 3 bearing the signature of DA Joe Olt.

However, Olt said Thursday he would never put a toddler on the stand and the subpoena was misinterpreted by Grimes.

"How could she testify? I bet she doesn’t even remember anything," Olt exclaimed.

Olt said the subpoena was only to assure the child would be in the courtroom to create "sympathy from the jury."

"I wanted her in the courtroom in her mother’s arms. I want to show this — the baby that was ripped out of the hands of the mother.

"She was stolen — not in a legal sense, but stolen in a moral sense from the mother after she was brutally tackled."

Original charges against Coleman, brought by then-District Attorney Mike Green, included third-degree assault with a domestic-violence sentence-enhancer, child abuse and second-degree kidnapping for forcibly removing the child from the arms of her mother.

In March the kidnapping charge was dismissed, because, according to Colorado statute, Coleman had equal rights to his daughter and was not violating any laws by taking her.

A trial on the remaining charges has been set for Sept. 10.