People v. District Court of the Fifth Judicial District ex rel. County of Clear Creek

LOHR, Justice.

The People brought this original proceeding to challenge an order of the Clear Creek County District Court granting the motion of the defendant, Wayne Harold Buter-baugh, to suppress the videotape deposition of Kennette Ann Willmore. The trial court concluded that the deposition should be suppressed because Willmore was not a competent witness at the time the deposition was taken. We issued a rule to show cause, but now hold that the trial court’s ruling was proper and so discharge the rule.

I

The record in this proceeding reveals the following facts. In December 1980 and January…