Police misconduct refers to objectionable and even illegal actions taken
by police officers in connection with their official duties, which can
lead to a miscarriage of justice. Some criminal defendants could get new
trials because an Oceanside, CA police officer withheld taped interviews
in cases dating back to 2001.
Officer Damon Smith, who disclosed that he had some recordings in his locker
that were not entered into evidence as part of a
domestic violence case in April, apparently failed to turn over interviews with suspects
and witnesses ever since he was hired eight years ago.
In criminal proceedings, all evidence must be made available to both sides
to ensure a fair trial. The tapes found in Smith's locker were extremely
significant and should not have been withheld from the court. The San
Diego District Attorney's Office is currently reviewing and gathering
information in order to complete a legal analysis and take appropriate
action. Prosecutors are reviewing the tapes and plan to turn them over to their
defense attorneys, who could argue for new trials.
Law Offices of Robert M. Bernstein, we are able to provide the highest level of legal representation to our
clients. Los Angeles Criminal Defense Attorney Robert M. Bernstein is
experienced in defending all major felony and misdemeanor cases in Federal,
State, and Juvenile Court.