Fourteenth Amendment-Comparable Evidence Availability

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Stavros George Iliopoulos

Case No.: 2024AP001968-CR

Officials: Stark, P.J., Hruz, and Gill, JJ.

Focus: Fourteenth Amendment-Comparable Evidence Availability

Iliopoulos argued that the original “East Hall” surveillance video, which was destroyed under a routine retention policy, was apparently exculpatory because it would have shown that teachers and others were nearby during the alleged assault but did not intervene. He claimed this supported his innocence.

The court first noted that Iliopoulos forfeited this specific argument by not raising it in the circuit court but addressed it anyway. The court found the video was not “apparently exculpatory.” Instead, it was largely inculpatory because it showed both Iliopoulos and the victim entering the alcove at the relevant time, supporting the victim’s account. The presence of others nearby did not clearly suggest innocence, especially given normal school noise that might prevent others from hearing anything.

The court further found that, even if the video had some exculpatory value, there was no due process violation because comparable evidence was available. Screen-captured footage and another camera angle showed the same key events, including individuals passing near the alcove, allowing the defense to argue its theory to the jury.

Affirmed.

Decided 04/21/26

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