In an age where it has become absolutely routine to have video evidence that shows police officers to be lying in their reports and testimony, the Indiana Supreme Court is coming down firmly on the side of “who are you gonna believe, the cop or your lying eyes?”
Videotape evidence can be overruled by the testimony and after-the-fact interpretation of a police officer, the Indiana Supreme Court ruled last week. In a 6 to 1 decision, justices overruled the state Court of Appeals which reviewed dashcam footage of Joanna S. Robinson driving her Chrysler PT Cruiser at around 1am on October 15, 2011 in Elkhart County and found no evidence of a crime.
Sheriff’s Deputy Casey Claeys followed Robinson on County Road 4, and he testified that he saw her “drive off the right side, which was the south side of the road, twice.” He conducted a traffic stop which led to her being busted for driving under the influence of alcohol (DUI) after her breathalyzer reading was 0.01 over the legal limit. She also was carrying a small amount of marijuana. The justices, however, only concerned themselves with whether the initial traffic stop was justified. Elkhart Superior Court Judge Charles Carter Wicks concluded that the stop was justified when the case came to trial.
“I reviewed the video on approximately ten occasions and cannot conclude from the video that the defendant’s vehicle actually left the roadway,” Judge Wicks found. “But it does show the vehicle veering on two occasions onto the white fog line.”…“Deputy Claeys, as he drove down County Road 4 on that October night, was observing Robinson’s vehicle through the lens of his experience and expertise,” Justice Mark S. Massa wrote for the majority. “And when Deputy Claeys testified at the suppression hearing, the trial judge heard his testimony — along with the other witness testimony and evidence, including the video — through the lens of his experience and expertise. Ultimately, that experience and expertise led the trial judge to weigh Deputy Claeys’s testimony more heavily than the video evidence, and we decline Robinson’s invitation to substitute our own judgment for that of the trial court and rebalance the scales in her favor.”
So they won’t substitute their own judgment for the trial court, but they will substitute the lies of the officer over the video evidence that shows him to be lying. I feel so much safer now, don’t you?