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OPD urges Superior Court to compel OAG to produce police report, witness statements
The Office of the Public Defender wants the Superior Court to order the Office of the Attorney General to produce the police report, witness statements, and any physical evidence prior to the continuation of a preliminary hearing in the case against a man facing charges of stealing and forging checks.
Assistant public defender Heather M. Zona, counsel for Nelsin A. Saimon, asked the court for police records and information that a police detective had said he used to refresh his recollection and/or familiarize himself with this case prior to testifying at the preliminary hearing.
Zona said that materials used by any witness to refresh his or her recollection must be provided to Saimon. Failing to do so would constitutes an interference with Saimon’s right to effective assistance of counsel and right to cross-examine witnesses.
Saimon was arrested last Jan. 27 on charges of theft and forgery.
At the preliminary hearing last Feb. 5, Zona said, the only materials the prosecution provided to the defense were the affidavit of probable cause and the information.
Zona said no other materials were provided to the defense and no materials were entered into evidence at the preliminary hearing.
Police detective Daniel T. Joab, the sole witness for the prosecution, testified about the interviews he conducted and materials he reviewed.
Zona said Joab also testified that another officer, interviewed the victim, reviewed video footage, interviewed another individual concerning some checks allegedly drawn on an account, and reviewed the checks.
Zona said none of these actions were performed in the presence of Joab. She said Joab testified he read the officer’s report.
Zona said that Joab testified that prior to the preliminary hearing, he had reviewed notes and police files concerning the case to refresh his recollection and familiarize himself with the case.
Zona said that when the defense asked for these materials, the prosecution refused to produce them.
Associate Judge Joseph N. Camacho then adjourned the preliminary hearing.
