Tom Fallis defense team files motions alleging prosecutorial misconduct

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Tom Fallis

(Photo: Weld County Sheriff’s Office)

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DENVER -- A photograph of the crime scene is now a crucial piece of evidence in the prosecution of Tom Fallis for his wife Ashley’s murder.

In dozens of pages of new evidence released in the Tom Fallis murder case, we learn the state’s expert concluded there was not enough blood on the ground to support the conclusion that Ashley Fallis shot herself.

“I should have a lot of blood there, but I don't. ... So something has stopped that blood from getting on the floor,” said Jonathyn Priest, the state’s expert.

Priest concluded that Fallis instead “staunched” the blood from falling to the floor because he was in close proximity to the shooting.

According to the court documents, had Fallis been at or near the closet as he suggested, there would be substantially more blood on the floor.

Photographs taken of Tom Fallis that night show a substantial amount of blood on his clothes.

The usually secretive grand jury transcripts were released as part of a filing made by Tom Fallis' defense team.

Among other things, the filings argue that the district attorney didn't provide the grand jury with all of the evidence in the case before it handed up the indictment.

Remember the scratches on Fallis' chest? In their filing the defense argues though Ashley's nails possibly had Fallis' DNA, the prosecution never told the grand jury that "Tom Fallis' chest had no trace of Ashley's DNA." Ashley was wearing acrylic nails at the time of her death.

Reporter’s note:

FOX31 Denver is the subject of one of those motions filed by the defense.

FAOX31 Denver was present when Fallis was arrested in Indiana just hours after the grand jury indicted him.

In the motions, the defense argues someone must have told FOX31 Denver about the indictment which would have been a violation of grand jury secrecy.

FOX31 Denver was aware the grand jury was convening and staked out in Bloomington, Indiana in anticipation of a decision, either way. During the story’s reporting, FOX31 was sensitive to the rules regarding grand jury secrecy.

In the interest of transparency, we put a link to all of these filings below:

Coverage of Fallis case

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