March 25, 2014

• Steven Topazio wrote this June 5, 2014 at 10:05 pm

The client, an employee of Dunkin Donuts, was arrested for larceny at the store in which he worked was represented by Boston Criminal Attorney Steven J. Topazio. According to the police report, the Dunkin Donuts manager noticed that the cash register was missing a significant amount of money. He then watched a surveillance video which reportedly showed the client taking money from the cash register. A copy of this surveillance video was turned in as evidence to the police detective in charge of the investigation, which formed the basis of the complaint against the client. Attorney Topazio requested a copy of the video so as to prepare for trial but learned that the detective could not produce the video.  Attorney Topazio pointed out that the loss of the video denied the client the opportunity to obtain potentially exculpatory evidence as the entire event was captured on video. Attorney Topazio filed a Motion to Dismiss the charges due to the loss of the video and argued that the Commonwealth, by and through its agents, servants and employees had engaged in improper conduct by losing the video, and as a result denied the client his Sixth Amendment right to counsel through the destruction of potentially exculpatory evidence contained in the surveillance video.  Today, Attorney Topazio argued that that the conduct of the Commonwealth was so egregious and caused such prejudice to the client, that dismissal of the charges is required, and the court agreed.