In our area, DPS preserves traffic stop videos for about three months. I have asked the JP's office to notify DPS to preserve the video as soon as an offender requests a trial, but this rarely happens. So, more than three months after the stop we have trials set and the videos have been destroyed. Does anyone see Brady issues or destruction of evidence issues here? My inclination is just to dismiss the tickets if we can't get to trial before the evidence is destroyed. Agree? Disagree?
I don't really see a need to dismiss, and we deal with this issue here. For one thing, the video is probably not exculpatory. But even if it is, I would say the duty is on prosecutors to share evidence within the state's possession. If it's been destroyed, then it's not in our possession, through no fault of our own.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.