Judge seals sex crime case after police department lost key evidence

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WELD COUNTY, Colo. -- A Weld County judge sealed the arrest record of 51-year old David Maddox Friday  morning. The FOX31 Denver Problem Solvers broke the story Wednesday that Maddox was hoping to get his arrest sealed after Fort Lupton Police lost the key evidence in the criminal case against him.

Last June, police arrested the owner of the Little Caesars Pizza franchise in Fort Lupton, after a 3-year-old video file surfaced that showed former employee Brooke Vasquez (then 17 years old) using the employee restroom at Little Caesars.

The video showed the arm of a white male adjusting something near the toilet 20 minutes before Brooked walked in to use the restroom.

Brooke Vasquez

Brooke Vasquez

“There`s no other adult man at Little Caesars. It was an adult man`s arm who put it (the video camera) there,” said Vasquez referring to her former boss.

But after police lost their only copy of the video, the Weld County District Attorney’s office dismissed charges of Invasion of Privacy and Exploitation of a Minor against Maddox.

The November dismissal allowed Maddox to petition a judge to seal the arrest record.  Judge Todd Taylor agreed citing Colorado statutes that allow a defendant to have his case sealed if he’s acquitted at trial or his charges have been dismissed.

“It gets dismissed, then gets his record sealed, it`s like it never happened,” said a clearly frustrated Vasquez after the judge’s ruling.

Maddox’s only comment to FOX31 was “Yes” when asked if he was relieved his case had been sealed. The decision means future employers won’t see Maddox’s arrest if they perform a background check.

The Weld County District Attorney’s office argued against sealing the case but Judge Taylor said if the video evidence resurfaces, prosecutors can petition the court to unseal the case.

Judge Taylor pointed out his order does not affect media coverage, which he noted will live on the internet forever.

“I hope it affects him just like I`m affected every day,” said Vasquez.

Fort Lupton police have not publicly apologized for losing the video evidence but in a statement to FOX31 said, “Fort Lupton Police Department conducted an internal investigation and had modified its procedures as a result of the unfortunate circumstances in this case.”

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