Hide the ball trick does not work. Three years ago I wrote a Blog about a police officer who I caught lying in his FIRST CASE! I have kept the video from that case on my IPad and the original tape and written report in a binder waiting to see if I would get a “return match” with this officer. Well a few months ago a new client comes in and I recognize the officer’s name, walk over to file boxes across from my desk, grab a blue binder sitting on top of them, and open it to the first stack of papers and tapes and it is the same guy.
There is no mention of a video in this client’s paperwork but I KNOW there is one. We get to court 2 weeks ago and when the officer arrives I ask him where is the video. He tells me he and his supervisor looked for it, but the DVD in the car must have been full and the stop was not recorded. I remind him who I was and he remembered his first case. I don’t believe him and move to dismiss the case and explain to the Judge, the prosecutor, and a courtroom of police, lawyers, and defendants that I have him on video and on paper committing perjury in 2014 and I don’t believe for a moment that the video in this case does not exist.
After 2 recesses and the Judge ordering the prosecutor to personally speak to the supervisor, THERE IS A VIDEO! However it is housed in a building that will require an hour to drive to and find. The case is reset to today to give me my video. Did anyone reading this get it? I didn’t either. Instead of the officer bringing it to court, a supervisor somewhere else emailed the State that he had it and would get me a copy next week. The judge was too through with this bullshit, and gave the State 40 minutes to get it to court as she had ordered 2 weeks ago. The new prosecutor on the case calls the supervisor who sent the email, but he is no where to be found, nor is the video.
Without the video she is going to give me an inference that the video would be favorable to my client. Now the police report description of my client’s field tests was not bad and incredibly vague (meaning he did really well). At that point we agree to plead to 2 payable citations and pay $115.50 fines and costs. The officer is probably happier than my client as he dodged a blood letting on cross-examination. I blogged before to make sure you retain a lawyer who will watch the video. Make sure you retain one who will DEMAND the video.