See People v. Moravec, 2015 IL App (1st) 133869 (November). Episode 105 (Duration 8:00).
Something different for a change. DUI discovery sanctions upheld! Get the scoop right here.
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Haven’t I been going on and on about winning discovery sanctions at the trial level only to lose them at the appellate level.
- Discovery In Criminal Cases
- See DUI Discovery Violation Suppression of Evidence.
- Find More Illinois DUI Information Here.
Well that didn’t happen here.
Facts
This case involved a defendant arrested for a DUI.
The POD (police observations devices) cameras the Chicago Police Department actually captured the defendant’s:
- Traffic Stop
- Interactions With Police
- Field Sobriety Tests
…so ya, kind of relevant.
Subpoena
The defense team quickly served the CPD with a subpoena putting them on notice that they wanted the digital evidence associated with the case.
These recordings get erased after day 15.
However, the subpoena was served on day 13, so check!
The Problem
You know what happened. Police erased the images and therefore could not tender the material.
DUI Discovery Sanctions Upheld
The defense team then files for discovery sanctions. The trial judge granted the motion. In podcast Episode 105, I report that the appellate court upheld the sanctions.
Thus, all evidence of the police interaction with defendant was excluded. Hard to see this DUI charge going anywhere but to a nolle bin.
Quickly, we see what the cases have in common:
- Recordings Actually Existed
- Subpoena or Preservation Notice Filed Promptly
- Police Fail to Disclose
Kladis, Moravec & Aronson
Definitely, whenever you think you may a sanctionable discovery violation in a case the three cases you want to have in front of you are:
- People v. Kladis, 2011 IL 110920
- People v. Moravec, 2015 IL App (1st) 133869
- People v. Aronson, 408 Ill. App. 3d 946 (2nd Dist. 2011)
The fight goes on.
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.
Approximately 20 months ago I was arrested for aggravated battery to a police officer with great bodily harm where in fact it was a false call of a supposed domestic disturbance at my dad’s house where my girlfriend and I were in the living room the officer snuck in the back door without knocking snuck up the back stairs to the kitchen and surprise us in the living room and take one look at us he ordered my girlfriend to go down into the basement how much time he began to order me around like a dog telling me to leave come come back sit down in the middle of the floor told me to leave ye get the hell out of there I take can I take his few of my belongings he’ll know you can take your belongings get the hell out of here so I got to leave another police officer showed up coming into the front door without knocking. And without permission and a they Corner me into a piece of furniture and they were intimidating me with their chest stuck out in their hands on a gun and they playing the bump the chest kind of game and they’re saying otherwise going everywhere I’m getting tased and I blacked out and came to for a brief moment just to see why is going everywhere and they pick me up and body slam me out to a coffee table smashing it flat to the floor well their first police officer testified at my preliminary hearing that he was wearing a body Cam and it was turned on and I would like I said this is 20 months of being going on and I still have not yet seen any body cam footage of that police officer and I believe it’s destroyed and my public defender is hesitant to do anything about what you’re all talking about on this website I was glad I found it I’m going to bring it to his attention if he ever makes the time to see me