CASE RESULTS: RESISTING AN OFFICER CASE DISMISSED DUE TO BAD FAITH POLICE DESTRUCTION OF EVIDENCE
Mastantuono Law Office was able to get a criminal charge against one of its clients thrown out of court this month in Waukesha County, due to police missteps in its handling of the investigation. Attorney Craig Mastantuono successfully argued that members of the Waukesha Police Department acted in bad faith by causing video evidence of the incident, which apparently recorded everything, to be destroyed. Our client denied resisting, and was injured in the arrest, which we believe was unlawful, and which we believe the crucial video would have demonstrated. Justice served on this one.
In the days leading up to the decision hearing on June 3rd, 2011, Darryl Enriquez of the Waukesha Freeman wrote an editorial piece describing the unique situation and fate of the video evidence. Given columnist Enriquez’ headline question, our answer to his query would be: “No.”