Police Misconduct; Officer Withholds Crucial Evidence for Eight Years

Posted By Robert Bernstein || 2-Jun-2009

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.

At the 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.

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