People v. Kladis

This case presents question as to whether trial court properly barred arresting officer from testifying in instant DUI prosecution as to matters contained in videotape that had recorded defendant’s detention and arrest where said videotape had been inadvertently destroyed by police officials. Appellate Court found that videotape was discoverable in instant misdemeanor prosecution, and that instant sanction was appropriate in light of fact that: (1) State did nothing to preserve tape upon receipt of defendant’s Rule 237 notice to produce and had initially agreed to produce said tape; and (2) instant sanction did not preclude officer from testifying as to other matters.