CASE LAW UPDATE: Whether the police officer’s commentary on defendant’s intent on video was inadmissible and prejudicial?
Defendant was convicted of 5th degree criminal sexual conduct. Defendant had been in a gas station. Defendant, who had a disability, had fallen onto the gas station worker. The issue was whether the contact with the gas station worker was intentional, or, whether he had accidentally fallen on her. He appealed. On appeal, defendant argued that the admission of body worn camera video during which the officer exclaimed that defendant was groping the alleged victim, was prejudicial error, because it was comment on the ultimate issue of his intent. The Minnesota Court of Appeals agreed. Reversed and remanded.
State v. Jones, A20-1624, Ramsey County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.