Town Justice Howard Gerber

Read Full-Text Decision

A pretrial hearing was conducted to determine if there was probable cause to arrest Rodriguez, and if statements and/or evidence should be suppressed. The court found an officer's uncontested testimony reliable, finding there was probable cause to believe Rodriguez was involved in a car accident in which he was driving while intoxicated, and properly arrested. It also noted Rodriguez made pre- and post-Miranda warnings statements, also finding a chemical test was properly authorized and administered. The court ruled only noticed statements were admissible. Yet, the court stated while the chemical test results should be, and generally would be, admissible, evidence herein, in the exclusive control of the prosecution, was “lost,” and Rodriguez never had access to it despite counsel's repeated requests it be preserved and provided to the defense. The court noted prosecutors and police all claim the lost evidence was not their fault, but concluded the only thing clear was it was not defendant's fault. As such, while defense's request that Rodriguez's appearance and condition be precluded was “too much,” prosecutors' suggestion of a negative inference instruction was “too little.” It precluded prosecutors from seeking to introduce evidence of the chemical test on their case in chief.

Town Justice Howard Gerber