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Appeals court hears argument over missing booking video in OUI appeal
Summary
In Commonwealth v. David Jones, defense counsel argued the absence of a booking video — which the officer testified would have shown no signs of intoxication — was material and prejudicial; the Commonwealth said the trial judge fashioned an adequate remedy and the evidence was sufficient to uphold the conviction.
A three-justice appeals panel heard oral argument on Jan. 5 in Commonwealth v. David Jones, a direct appeal from an OUI conviction in Brockton District Court that centers on whether the trial court erred in declining to suppress or dismiss evidence after the booking video was not preserved.
Corey Arder, counsel for David Jones, told the court the case raises two issues on appeal: whether the motion judge and the trial judge erred by denying motions to dismiss or exclude lay-observer testimony about intoxication because the booking video was not available, and whether the evidence was sufficient to sustain the conviction. Arder said the booking officer had testified…
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