ARAPAHOE COUNTY, Colo. — Robin Niceta, a former Arapahoe County social worker who was convicted last year of lying about having brain cancer while a previous criminal case played out in court, was sentenced Friday to three years’ probation by an Arapahoe County judge.
Niceta pleaded guilty in October to attempting to influence a public servant, forgery, tampering with physical evidence and criminal impersonation for lying about a brain cancer diagnosis for which obtained fake medical documents that purported to show she was incompetent to stand trial for filing a false child abuse claim against Aurora City Councilwoman Danielle Jurinsky.
The former social worker had filed that claim against Jurinsky after the councilwoman criticized former Aurora Police Chief Vanessa Wilson — who was at the time still Aurora's police chief and Niceta's partner — on a conservative radio talk show in January of 2022. Niceta was arrested four months later.
Among the medical documents submitted to the court were statements from Niceta’s mother, Janice Dudley, which stated Niceta was unable to verbally communicate and “incapable of making decisions for herself.”
Niceta’s fake brain cancer diagnosis started raising eyebrows for prosecutors in early 2023 after they were unable to verify the identity of a “Dr. C. Marquez” or locate anyone by that name licensed in New Mexico, where Niceta was supposedly being treated for her alleged brain cancer.
Prosecutors, who sensed something was amiss, went to a doctor at Denver Health to separately evaluate MRIs submitted to the court that purported to show Niceta’s brain tumor. That doctor not only told them those MRI scans appeared to be images pulled from the internet, but also said the scans were “photoshopped.”
Further investigation into Niceta’s allegations also revealed that both a Facebook page and a website for New Mexico Oncology, the clinic where Niceta was allegedly receiving treatment, was created in January of 2023 but showed no activity after that date.
Investigators attempting to verify the physical address of "New Mexico Oncology" also found the address was not valid.
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In court Friday, prosecutors argued Niceta perpetuated fraud to both her attorneys and the court as they asked for the judge to not grant her probation. Her defense, meanwhile, argued a traumatic brain injury sustained during an assault prior to her filing the false child abuse report against Jurinsky led to her actions as “this impairment had an impact on how she behaved.”
In arguing for probation in New Mexico instead of Colorado, her defense said Niceta was currently in a program where she was getting help and that her family had put together a plan to help her with her rehabilitation.
Second Judicial District Court Judge J. Eric Elliff talked about being conflicted after hearing arguments from both sides.
“I agree with (the prosecution). Regardless of your neurological and psychological conditions… what you did was devious and ongoing. You could have backed out any time and you didn't. You just went all in and doubled down,” said Judge Elliff. “Worse than that, you got your mom involved.”
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While he agreed with prosecutors that Niceta’s knowledge of the court system allowed her to proceed as far as she did in her criminal case, “by all accounts you appear to be making very good progress where you are now,” the judge said.
“I think you have the desire to correct course here, that is important. That is part of the rehabilitation process,” Judge Elliff said. “I am convinced that you have been accorded sufficient punishment with the current punishment,” he added before sentencing her to three years’ probation for her crime.
The sentence calls for Niceta’s probation to be supervised in Colorado initially, but should the court see that she’s following through, supervision of her probation could be transferred to New Mexico, where she has a strong family support system.
Judge Elliff warned Niceta that should she violate the terms of her probation, he will not hesitate to send her to prison for three years on top of the four years she’s already serving in the Department of Corrections for the Jurinsky case.
“Don’t disappoint me, Ms. Niceta,” said Judge Elliff as sentencing wrapped up. “I’m impressed with your progress.”
In response, Niceta told the judge that if she falters, she’ll tell on herself.
“Hopefully I won’t ever see you again,” Judge Elliff said. “Yeah, me too,” Niceta replied. “I like you, but I never want to see you again."
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