People v. Kladis

Defendant was charged with DUI, and requested that State produce video of arrest. City had destroyed video a few hours prior to hearing on Defendant's petition to rescind SSS, as videos were purged within 30 days of arrest pursuant to Department policy. Court granted Defendant's motion for sanctions and barred State from introducing testimony relating to what was contained on video. Court was within its discretion in finding that video was subject to discovery and that State committed discovery violation by allowing video to be destroyed. Sanction was appropriate, as State was not precluded from prosecuting Defendant and could have questioned officer about his observations other than what was shown on video. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)