Evidence

[NEIASD]

What is the name of your state?What is the name of your state? SD

What if any thing can or should happen to a police department that has lost evidence that could prove that the accused is innocent? There are wittnesses that watched the officer obtain this evidence. They have not replied to the attorney--nor was the request or motion to obtain the evidence in court replied to. This particular evidence seems to be in limbo--the police neither deny or admit to having it. They don't even have an excuse for losing it--they simply do not aknowledge it even exsists. The fact that they should have it is 100% accurate--I was one of the wittnesses that watched them obtain it.

[TYRIS]

Originally Posted by NEIASD

What is the name of your state?What is the name of your state? SD

What if any thing can or should happen to a police department that has lost evidence that could prove that the accused is innocent? There are wittnesses that watched the officer obtain this evidence. They have not replied to the attorney--nor was the request or motion to obtain the evidence in court replied to. This particular evidence seems to be in limbo--the police neither deny or admit to having it. They don't even have an excuse for losing it--they simply do not aknowledge it even exsists. The fact that they should have it is 100% accurate--I was one of the wittnesses that watched them obtain it.

-What is the evidence that was collected?

If a Police Officer takes any property into custody it is logged in the report summary as well as the evvidence sheet and assigned an evidence number.

However; if the property is not logged, then as far as the Police and the District Attorney are concerned it did not exist.

The only way to rectify the situation would be to have several people (of good moral character) testify to the fact that they witnessed the Officer take the property into custody.

My advice to you would be to contact the defense attorney and provide him with your information as well as the names of any potential witnesses.

Tyris

[NEIASD]

The evidence was a video tape of an interview that was made by the police.

[TYRIS]

Originally Posted by NEIASD

The evidence was a video tape of an interview that was made by the police.

-Where was the video tape made? Was it at the Police Department or a house? How was it made made? Did anyone witness the the tape being made? Who was the subject in the video?

You need to provide more answers to better help you.

-Tyris

[NEIASD]

This was made 9 months ago. The video was of a small child (assumed victim). DHS says the injury is intentional, the girl and the accused say it was an accident and have similar stories. The tape was made by a cruiser camera that was pointed into the open door of my car where the girl was interviewed. There was a 15 yr old witness who the officer allowed to stay in the car. Myself and another person watched them position the camera and car, and we were specifically told it was being filmed. Then we went inside the police station and didn't watch further. I found out after the interview that the officer gave her money at the beginning of the questioning to warm up to her. I know this only because I had to question why his billfold was left in my car as I returned it to him. There has been no mention of this tape, and they have not produced it upon motion requests. However DHS has a tape that was made weeks later where the girl said several different stories, that didn't really make any sense. The interviewer was leading, and when she agreed with what the interviewer said, their tape ended. That is why the first tape would be such an important piece of evidence. According to the 15 year old witness in the car, the written report of the initial interview does not exactly match what the girl said. After the interview with the officer he stated "I believe this is an accident" However, he didn't write that or testify to that in the grand jury hearing. This is so complicated and that is why I didn't bother with details previously. I hate to bother someone with such a lengthy post.

[CdwJava]

It could be that the tape was never actually made. The tape may not have worked properly, or it may have been an elaborate ruse.

Unless someone can show that the tape actually existed, all that can be done is to bring this up in court and see if there is a response from the police. It can be a relatively simple motion by the defense to demand they produce the tape. If the answer is that there IS no tape, then it sure can't be used against the suspect. And the defense MIGHT be able to bring this up in their case or in cross-examination later on.

What does the defense attorney say about all this?

- Carl

[NEIASD]

The police have not responded to the motion for the tape. This tape would not be against--but for the suspect. If they gave an excuse such as the camera didn't work..I am not sure if I would fully accept that answer, but at least they would acknowledge an attempt at making the tape. The defense attorney clearly stated in a motion hearing "We have reason to believe there is loss of exculpatory evidence" The judge asked the States attorney to produce the tape. This was weeks ago and the trial is soon...still no tape or response regarding the tape. I am just wondering legally--is there anything to do other than to bring it up in questioning during the trial?

[CdwJava]

Originally Posted by NEIASD

The police have not responded to the motion for the tape. This tape would not be against--but for the suspect. If they gave an excuse such as the camera didn't work..I am not sure if I would fully accept that answer, but at least they would acknowledge an attempt at making the tape. The defense attorney clearly stated in a motion hearing "We have reason to believe there is loss of exculpatory evidence" The judge asked the States attorney to produce the tape. This was weeks ago and the trial is soon...still no tape or response regarding the tape. I am just wondering legally--is there anything to do other than to bring it up in questioning during the trial?

If there is no proof of exculpitory evidence, then there is no way to show that it existed. Your attorney will know how best to present this matter to the court.

- Carl