A drug distribution charge was tossed out against a Mancos woman last week after a judge granted defense-requested sanctions.
Public defender Katherine Whitney said video evidence held by the Montezuma County Sheriff’s Office since her client’s arrest in March wasn’t provided in a timely fashion. She initially revealed the lack of discovery on Sept. 12, and again raised the issue on Friday, Oct. 17. Her client’s trial was set to start this week.
On Friday, Whitney told District Court Judge Todd Plewe she was in possession of an Oct. 15th letter from the sheriff’s department, which stated that the arresting deputy’s lapel camera was lost on April 1, the day after her client, Melanie Brassill, was arrested on felony drug possession and distribution charges.
“The lost evidence is especially troubling,” Whitney said.
Assistant District Attorney Sean Murray said his office twice requested all evidence in the case from the sheriff’s office on Sept. 12th and Sept. 18. On both occasions, sheriff officials told prosecutors the lapel video didn’t exist.
Murray said a deputy connected to the case subsequently revealed that he and other sheriff employees had watched the video, and the deputy himself physically retrieved the video from the evidence room and provided it to prosecutors on Sept. 26.
“Why isn’t your office getting information from the sheriff’s office?” Plewe asked Murray.
“I don’t know,” he responded.
Murray added “with some frequency” the sheriff’s office failed to provide evidence to prosecutors.
Whitney argued the lost recording would reveal that her client did not possess any drugs on the night in question, and the tardy discovery of the video was detrimental to properly defending her client.
Citing a broken justice system, Plewe granted a defense request for sanctions, dismissing the distribution charge against Brassill. Serving as a “gatekeeper” to level the playing field in criminal proceedings, Plewe said it was “ridiculous” that the government would file “serious” charges against a suspect only to withhold the evidence needed to prosecute and defend the case.
“At some point, I have to put my foot down,” said Plewe. “This isn’t fair.”
“Law enforcement has an obligation to provide evidence,” Plewe continued. “They can’t just sit on it.”
After waiving her right to a speedy trial, Plewe also postponed Brassill’s jury trial until February. The drug possession charge remains pending.
After the proceeding, Murray said it was not uncommon for a few documents to fall through the cracks when dealing with large volumes of evidence, but added state agencies must work together to guarantee the free flow of information from law enforcement to criminal defendants.
“Everyone’s goal should be to ensure that there are no cases that proceed to trial without all the relevant evidence,” said Murray. “Because the truth is the paramount interest at stake, each stakeholder should work collaboratively towards this goal, which provides the hope for and the belief in a criminal justice system that is fundamentally fair.”
Requests for comment from the Montezuma County Sheriff’s Office were not received as of press time Monday.
tbaker@cortezjournal.com
