Well a 3rd member of the MDTA Police Force who would have been called to testify in Glen Burnie District Court has seen his written report blown up by his in-car video tape. I knew when the officer did not have the video prepared for the State’s Attorney’s Office before the first trial date that my client was accurate in his recollection of the SFSTs. I remember the cavalier and smug attitude when I asked where the video was, and that look never materialized today. I got the video and he got his ass saved by not having to testify under oath, although his police report is under oath.
We even got to watch the video together, just him and I, in the attorney conference room because he had apparently never seen it. I told him the prosecutor and I were interested in the the first 40 seconds of the video which contradicted his written report. When we got to the one leg stand, I asked him if he brought his SFST Manual because he demonstrated it incorrectly; and he nodded no. I told him not to worry I brought my copy for him. I pointed out the incorrect instruction and that my client did not lose his balance once, much less “multiple times.” He then met with the prosecutor again, who bagged the DUI.
His video and written report join the ever growing collection of “trial” impeachment materials. I just have to wait for a broken video camera or a non-video equipped car, to use these materials.