Criminal Procedure — destruction of exculpatory evidence

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — destruction of exculpatory evidence

Algis L. Viliunas appeals his conviction for operating while intoxicated on the basis that because the police dash cam recording was destroyed by police per department policy prior to trial, his conviction should be overturned and the case against him dismissed. He argues that because his testimony conflicted with that of officers, and because the video may have been able to resolve those conflicts in testimony in his favor, the evidence was “apparently exculpatory” at the time of destruction. See State v. Munford, 2010 WI App 168, ¶20, 330 Wis. 2d 575, 794 N.W.2d 264. We disagree and affirm the trial court’s decision. This opinion will not be published.

2012AP2284-CR State v. Viliunas

Dist II, Winnebago County, Woldt, J., Reilly, J.

Attorneys: For Appellant: Groh, Jonathan Thomas, Neenah; For Respondent: Weber, Gregory M., Madison; Levin, Adam Joseph, Oshkosh