AURORA, Colo. (KDVR) — Prosecutors are questioning an ex-social worker’s claims that she’s incompetent to stand trial because of a brain tumor, and now, her attorneys have asked to withdraw from the case.
Robin Niceta, who worked for child protective services in Arapahoe County, is accused of filing a false child abuse claim against Aurora City Councilwoman Danielle Jurinsky. She faces a felony count of attempting to influence a public servant.
In March, Niceta’s attorneys told a judge she was incompetent to stand trial because of a brain tumor diagnosis. But now, prosecutors are questioning whether that diagnosis is legit.
FOX31 looked into court filings for the latest in the case and discussed them with a legal expert.
Oncologist not found, MRI image from Google: prosecutors
The state wanted Niceta to get a competency evaluation, but the Colorado Mental Health Institute in Pueblo told the court it couldn’t happen because Niceta is out of state in New Mexico, court records show. Her attorneys said she couldn’t travel because of her condition.
“The law is very clear that when you raise issues related to competency, in many ways, you also waive privacy rights that you have over your medical history or your current medical condition,” David Beller, a defense attorney, told FOX31.
Meanwhile, the district attorney’s office got a lot of questions from the public about Niceta’s reported medical diagnosis and asked an independent doctor to look over the records. The review raised multiple red flags.
According to court records, no one can find any record of the doctor in New Mexico who signed Niceta’s submitted medical records. They also have not been able to verify that the oncology clinic is actually a real oncology clinic — or a clinic of any kind, for that matter.
Also, the MRI images provided by Niceta are stock images of glioblastoma and were found with a basic Google image search of the word “glioblastoma,” prosecutors say.
Niceta’s attorneys ask to withdraw
Court records show that Niceta’s attorneys have filed a motion to withdraw from the case.
“The fact that these lawyers have now withdrawn or are petitioning to withdraw from the case indicates to everyone that there are in fact some problems, perhaps with some of the documents that have been shared,” Beller said.
FOX31 has reached out to the attorneys for comment.
A judge ordered Niceta to appear in person for a hearing on May 15 to discuss the next steps in the case.
A jury already found Niceta liable for libel and slander in the case and awarded Jurinsky $3 million in damages. Niceta is the ex-partner of former Aurora Police Chief Vanessa Wilson, and it’s alleged she made the claims because of Jurinsky’s criticisms of the chief.
FOX31’s Talya Cunningham contributed to this report.