Lawyer Gavaldon climbs steps of success

Standing in the spotlight during countless trials, Andy Gavaldon is accustomed to the heat.
Jurors watch him with vigilant eyes and then sit in judgement of his client.
Outside the courtroom, he sometimes perceives another jury - the community at large - that quietly evaluates him as a lawyer and then as a Hispanic....
...Hispanic youths today are not as motivated by the tough work ethic or respect for elders that drove earlier generations, he says. "I guess they don't really see that someone really cares for them in the same way that, maybe when we were growing up, people seemed to care for us," he said.
"And I think that says something.
"And if you don't have that, if you have a family that is struggling or a family that is dysfunctional and then you go into a school system where you don't see that caring, you don't see that 'I believe in you,' you don't see somebody who is going to go out of their way for you, I think it's real easy to et frustrated and to give up."...
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Gavaldon Law Defends Sexual Assault Suspect in Colorado Supreme Court

While swimming at a local pool on September 3, 2002, (the sixteen-year old alleged victim in this case) informed her friends that her seventeen-year old brother, (the defendant), had sexually abused her. [The plaintiff] indicated that the abuse occurred over a period of time, but that [the defendant] recently kissed her breast. [the plaintiff]'s friends related the allegations to the lifeguard on duty and the lifeguard called 911 to report the incident.

In this case, we are called upon to decide whether the trial court made a proper custody determination for purposes of both Miranda and, because the suspect was a juvenile, section 19-2-511.

CONCLUSION

We conclude that [the defendant’s] incriminating statements were improperly suppressed because the trial court placed undue emphasis on the subjective intent of the officers. We hold that [the defendant] was not in custody. Accordingly, we reverse.

In his argument to the trial court, the defendant's attorney [Joseph Andy of Gavaldon Law] stated: I don’t believe, and I am not arguing – no way am I insinuating that the manner in which the questions that were made or the questioning of Mr. Howard that was made with regard to voluntariness rises to the level that he was pressured or something of that nature. I think it’s really an issue of custody.

Andy Gavaldon works with Colorado Criminal Defense Bar to mentor Bar members on defending felony cases.

ARAPAHOE COUNTY - The Colorado Criminal Defense Bar ("CCDB") and the University of Denver Law School Office of Alternative Defense Counsel are gearing up for their spring conference on March 20-22. If you attended in Snowmass, you know the goal of the CCDB's mentor program is to teach mentees as much as possible, in several days, about defending a felony case. Part two of the mentor program takes place at the Spring Conference and offers training devoted to questioning, presented by a faculty with remarkable expertise and teaching ability.

The format for part two is based on an actual felony case, which participants will receive after registration. Students are encouraged to study the case before the conference. The mentors who will lead the group exercises are: Lisa Wayne, Lindy Frolich, Sharlene Reynolds, Susan Fisch, Terri Harrington, Paul McCormick, Andy Gavaldon, Bob Pepin, Jim Castle, and Mike Root. Bryan Shaha, Bob Hicks, and the lecturers will rotate among the group to offer ideas. Law students from CU and DU are invited to attend for the cost of materials. New participants are welcome. For information, call Mary Halloran in Denver at (303) 758-2454.

Student had alleged a tryst, sex assault in storage room

ARAPAHOE COUNTY - Sheridan High School's former football coach was acquitted Friday of charges that he sexually assaulted a 17-year-old student during an after-school tryst in November last year.

A 12-memeber jury found [the accused] not guilty, rejecting claims by the girl that [the defendant] lured her into a secluded storage room, saying "you owe me a kiss," then....

...[the accused's] attorney, Joseph "Andy" Gavaldon, said [the defendent] survived the deal because of the support of the dozens of family members and friends who daily packed the courtroom.

"Most people don't understand how overwhelming a false accusation can be," Gavaldon said.

Student had alleged a tryst, sex assault in storage room

ARAPAHOE COUNTY - Sheridan High School's former football coach was acquitted Friday of charges that he sexually assaulted a 17-year-old student during an after-school tryst in November last year.

A 12-memeber jury found [the accused] not guilty, rejecting claims by the girl that [the defendant] lured her into a secluded storage room, saying "you owe me a kiss," then....

...[the accused's] attorney, Joseph "Andy" Gavaldon, said [the defendent] survived the deal because of the support of the dozens of family members and friends who daily packed the courtroom.

"Most people don't understand how overwhelming a false accusation can be," Gavaldon said.