Attorneys are seeking a new trial for a 19-year-old man recently convicted of aggravated assault after The Dallas Morning News reported digital police...
whether police data was deleted — a move which could be replicated by other lawyers looking for answers for their clients.Rodgers was standing trial in late February when District Attorney John Creuzot says he learned of widespread Dallas police evidence preservation issues. Dallas police are reviewing about 450 capital murder and murder cases to look for deleted evidence.
The court filing revealed the lead detective in Rodgers’ case did not know evidence — including body-worn camera videos — was deleted without being shared with the DA’s office. Emails included in the motion show the lead prosecutor was also unaware of the missing videos. The motion alleges procedures to notify the court about evidence issues are “either wildly inadequate or were not followed because counsel only learned about the missing videos from the media .”The NewsDallas police spokeswoman Kristin Lowman declined to address any questions about Rodgers’ case, instead referring to past statements that the department’s audit is ongoing and will be “thorough and complete.” No timeline for completion is set.
Dallas police Executive Assistant Chief Albert Martinez previously said evidence was deleted due to human error, such as detectives not saving them quickly enough in case files or because of officers improperly labeling the videos. Others may have been deleted because of deficiencies in DPD’s processes, he said.
The gunmen were targeting Rodgers’ “opponent” but shot into the wrong Meyers Street home, Kimberly Ann Garcia told investigators. Garcia, who admitted to driving the car, said Rodgers had a pistol and fired multiple times into the house, according to the affidavit.Related:In emails included in the motion, prosecutor Christy Harris wrote to defense lawyers Tuesday that she became aware of nine body-worn camera videos in Rodgers’ case that were deleted.
“I didn’t know about the other officers [sic] recordings until we started all this audit stuff,” Valdez wrote.
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