Kirk Freeman
Grandmaster
For my own edification, what legal mechanism could the court use to force a dismissal under such circumstances?[ /QUOTE]
Fargo, I usually get them dismissed on a MTD & 37. However, there is a bunch of case law on "missing evidence". I'll get it for you tomorrow when I'm in the office (I'm working on the basement armoury today).
I have mixed results when I find police tapes altered or destroyed.
When I caught the state police and Sheriff destroying evidence I moved to dismiss on the statute and under 37. The prosecutor was so embarrassed that she simply dismissed (and let me add it was the right thing to do. She was a stand up deputy and an asset to the community).
However, when I caught WLPD destroying videos on OWIs the judge found that it was unintentional and denied my motion.
"Sorry, your honor, my client unintentionally flushed that cocaine down the toilet, just like a police officer would."