A drug distribution charge was tossed out against a Mancos woman last week after a judge granted defense-requested sanctions.<\/p>\n
Public defender Katherine Whitney said video evidence held by the Montezuma County Sheriff\u2019s Office since her client\u2019s arrest in March wasn\u2019t 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\u2019s trial was set to start this week.<\/p>\n
On Friday, Whitney told District Court Judge Todd Plewe she was in possession of an Oct. 15th letter from the sheriff\u2019s department, which stated that the arresting deputy\u2019s lapel camera was lost on April 1, the day after her client, Melanie Brassill, was arrested on felony drug possession and distribution charges.<\/p>\n
\u201cThe lost evidence is especially troubling,\u201d Whitney said.<\/p>\n
Assistant District Attorney Sean Murray said his office twice requested all evidence in the case from the sheriff\u2019s office on Sept. 12th and Sept. 18. On both occasions, sheriff officials told prosecutors the lapel video didn\u2019t exist.<\/p>\n
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.<\/p>\n
\u201cWhy isn\u2019t your office getting information from the sheriff\u2019s office?\u201d Plewe asked Murray.<\/p>\n
\u201cI don\u2019t know,\u201d he responded.<\/p>\n
Murray added \u201cwith some frequency\u201d the sheriff\u2019s office failed to provide evidence to prosecutors.<\/p>\n
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.<\/p>\n
Citing a broken justice system, Plewe granted a defense request for sanctions, dismissing the distribution charge against Brassill. Serving as a \u201cgatekeeper\u201d to level the playing field in criminal proceedings, Plewe said it was \u201cridiculous\u201d that the government would file \u201cserious\u201d charges against a suspect only to withhold the evidence needed to prosecute and defend the case.<\/p>\n
\u201cAt some point, I have to put my foot down,\u201d said Plewe. \u201cThis isn\u2019t fair.\u201d<\/p>\n
\u201cLaw enforcement has an obligation to provide evidence,\u201d Plewe continued. \u201cThey can\u2019t just sit on it.\u201d<\/p>\n
After waiving her right to a speedy trial, Plewe also postponed Brassill\u2019s jury trial until February. The drug possession charge remains pending.<\/p>\n
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.<\/p>\n
\u201cEveryone\u2019s goal should be to ensure that there are no cases that proceed to trial without all the relevant evidence,\u201d said Murray. \u201cBecause 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.\u201d<\/p>\n
Requests for comment from the Montezuma County Sheriff\u2019s Office were not received as of press time Monday.<\/p>\n