People v. Loper

In this interlocutory appeal brought pursuant to section 16-12-102, C.R.S. (2010), we review an El Paso County District Court order disqualifying the district attorney's office from prosecuting this case against defendant-appellee Darrell Lee Loper. We find that the trial court erred in disqualifying the district attorney under section 20-1-107(2), C.R.S. (2010) because there were no special cireumstances that would make it unlikely that Loper would receive a fair trial. We therefore reverse the trial court's order.

I. Facts and Procedural History

Loper was arrested for allegedly sexually…