After a drug distribution charge was tossed out of court last week, sheriff officials have fired back.
Last week, District Court Judge Todd Plewe said he was required to serve as a gatekeeper to level the playing field in criminal cases after a dispute arose over the receipt of a Montezuma County Sheriff's Office video recording. Plewe sanctioned the government for sitting on the evidence by dismissing the drug charge.
On Tuesday, Montezuma County Undersheriff Lynda Carter initially said the deputy who recorded the video was on medical leave for 15 weeks, and subsequently never entered the recording into evidence. However, after further investigation, Carter shared documentation with The Cortez Journal that showed the evidence was not only properly logged on March 31, but also provided to prosecutors twice, initially on April 17, and again on Sept. 26.
District Attorney Will Furse was not immediately available for comment, but Assistant District Attorney Sean Murray said the office planned to file an appeal of Plewe's ruling to dismiss the drug distribution charge.
Public defender Katherine Whitney raised the issue of the missing evidence before Plewe last Friday. She requested sanctions, citing she could not adequately prepare a defense for her client.
"The lost evidence is especially troubling," Whitney said.
No one from the sheriff's office was present during the proceedings. "There was no reason for us to be there," Carter said, adding that the hearing was about rules of evidence.
At last week's hearing, Murray said his office twice requested all evidence in the case from the sheriff's office on Sept. 12 and Sept. 18. On both occasions, sheriff officials told prosecutors the video didn't exist, he said.
Murray told Plewe a deputy connected to the case subsequently revealed that he and other sheriff employees had watched the video, and the deputy physically retrieved the video from the evidence room and provided it to prosecutors on Sept. 26.
"Why isn't your office getting information from the sheriff's office?" Plewe asked Murray.
"I don't know," he responded.
Although the drug distribution charge was dismissed against Melanie Brassill, 40, of Mancos, a drug possession charge remains. It's unknown when prosecutors plan to appeal Plewe's ruling.
Initially, Brassill's trial was set to start on Monday, Oct. 20. One business day prior, Whitney argued that the recording would reveal that her client didn't possess drugs on the night in question.
After waiving her right to a speedy trial, Plewe postponed Brassill's jury trial until February.
Over the weekend, Murray said it was not uncommon for a few documents to fall through the cracks when dealing with large volumes of evidence, and added that state agencies must work together to guarantee the free flow of information from law enforcement to criminal defendants.
"Everyone's goal should be to ensure that there are no cases that proceed to trial without all the relevant evidence," said Murray. "Because the truth is the paramount interest at stake, each stakeholder should work collaboratively toward this goal, which provides the hope for and the belief in a criminal justice system that is fundamentally fair."
tbaker@cortezjournal.com