Legal Question in Criminal Law in Washington

I'm a pro se defendant answering to trespassing and obstructing a peace officer charges. I filed my motion for discovery, and at the readiness hearing brought up the issue of the police dash-cam video, that exists but hasn't been produced...I know this must be provided to me before trial (as per WA CrR), but I'm not sure I should bring the issue up again.

The video MAY be exculpatory but now I wonder if it's value will be in raising a reasonable doubt with the jury, ie. pointing out to the jury that I have asked twice for this evidence and the state hasn't produced it.

Should I ask one last time, say, in a motion to produce or subpoena deuces tecum and risk what the video may (or may not) show? Or should I just let the jury know this possibly exonerating evidence exists but was withheld from me?


Asked on 11/30/09, 7:15 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

I'd recommend the subpoena duces tecum. I have generally obtained them ex parte (although I give a copy to the prosecutor a day or two before and tell them when I am going to do it). You should do a short declaration to support the motion (states you believe they have video, you think it will be exculpatory, etc). You would do a short order granting the motion and as you are pro se you will need to have the judge sign the SDT. In the alternative, if the requisite number of days under the rules have passed you could do a motion to compel. I would not wait for trial and raise the issue then, get the evidence.

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Answered on 12/11/09, 11:02 pm


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