03/29/2011

Delaware judge scolds police over video evidence

The chief allegedly told the court the department's video equipment did not save recordings for more than about two days

By Michael Lopardi
WBOC 16

GEORGETOWN, Del. — A Sussex County judge delivered harsh criticism to police for deliberately destroying video evidence that may have favored defendants in court.

Calling the discovery policies of Rehoboth Beach police "entrenched, flagrant misconduct," Court of Common Pleas Judge Rosemary B. Beauregard threw out intoxilyzer test results in a driving under the influence case where police failed to produce a video recording of the defendant's test.

However, Beauregard allowed the DUI charge to stand against Curtis D. Wright noting prosecutors can prove the offense without the so-called "blow test." Wright was eventually found guilty in a non-jury trial in January.

Wright's attorney, Eric Mooney, requested the court toss the test results after a Rehoboth officer said the police chief was misleading the court about the video system's ability to save footage.

Read more on WBOC 16.

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