COLORADO SPRINGS, Colo., May 12, 2026 /PRNewswire/ -- McCabe Law announced that the El Paso County District Court found prosecutors violated Deborah Nicholls' constitutional rights by suppressing scientific evidence that contradicted the state's arson theory in the 2003 fire that killed Nicholls' three children. The court's April 28, 2026 order concluded the prosecution withheld material exculpatory evidence in violation of Brady v. Maryland and determined there is a reasonable probability the evidence would have changed the outcome of Nicholls' 2008 trial.

The ruling marks a major development in a case that has drawn years of scrutiny from defense attorneys and innocence advocates. Nicholls has maintained her innocence throughout more than 18 years of incarceration, arguing the fire was a tragic accident rather than an intentionally set blaze. The defense team, led by Janene McCabe of McCabe Law and co-counsel at the Korey Wise Innocence Project, challenged the scientific foundation of the prosecution's case during extensive post-conviction proceedings.

According to court findings, prosecutors failed to disclose analysis from Colorado Bureau of Investigation analyst Tom Griffin, who reviewed laboratory testing connected to the fire and concluded the evidence did not support the state's claim that ignitable liquids were used. Griffin reportedly found that earlier CBI testing detected no ignitable liquids and identified concerns about contamination in outside laboratory testing. The defense also uncovered internal communications showing the prosecution's own laboratory witness questioned whether chemical compounds identified in the evidence should have been reported as evidence of an accelerant.

The suppressed materials also included consultation with nationally recognized forensic chemist Reta Newman, who concluded the compounds cited by prosecutors were consistent with pyrolysis — the natural byproduct of burning materials — rather than evidence of arson. Defense attorneys argued that had jurors heard this information, they would have viewed the prosecution's scientific claims far differently.

The court further found the withheld evidence undermined multiple aspects of the state's case, including testimony from fire investigators and the credibility of a jailhouse informant whose statements prosecutors used to support their theory of intentional fire-setting. The ruling also noted that appellate courts reviewing the convictions relied on inaccurate representations that laboratory testing had confirmed the presence of an accelerant.

McCabe Law and co-counsel continue to seek Deborah Nicholls' full exoneration.

The case is The People of the State of Colorado v. Deborah Nicholls, District Court El Paso County, Colorado, Case Number 2007CR5429.

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SOURCE McCABE LAW