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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32365
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was shot in my back by. PA state police officer. He shot

Customer Question

I was shot in my back by. PA state police officer. He shot me with a .357 magnum and i was inside my attached garage walking back inside my home when he shot 3 times very quickly.
I have one of the best forensic oathologists's in the world and he said afer examination of all the facts, that i was absolutesly shot in the left buttock and then the left side blowing thrubmy stomache and bliwing my intestines out . I fell and then as he was about to shoot me again , i fired back and disarmed him.
I am destroyed pysically and this scene unfolded in front of my wife and children. My wife is an eye witness to the events. I am charged with attempted murder, aggravated assult of a state police officer, and assualt of a police officer.
Please help me. Inhave the video of the dash cam showing this cop chasing my wife and I into our home. Should this vidoe be released?
My preliminary hearing was an emty house from the police , the shooter did not show and the other officer amwas about 65 yards away showed but left halfway thru the hearing. They used a tape recorder for evidence , we argued that was not sufficient nor did it allow for cross examination. Now we await the state supreme court to accept our appeal and allow us a just preliminary hearing.
We need help.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is your only question "Should this video be released?"

Customer: replied 1 year ago.
No!
I also would like to know if it would be possible to contact a politician to uncover this bad cops past ie... Sending girls pics of his genitalia, offer sex as a trade for reduced or dismissed charges.
On the video, could the release of the video with no sound as the police deleted or destroyed the video, could the release cause a mistrial and if so, what does that mean?
Expert:  Dwayne B. replied 1 year ago.

Unfortunately, I don't do telephone calls.

I'm not sure why contacting a politician would figure into this, you would have to explain your goal in that. It seems that contacting a newspaper, etc. would make more sense.

If you asked for the video and the court did not order them to product it then it could easily be grounds for a reversal. If the video was destroyed then you should have received a jury instruction on "spoliation" which means the jury should been instructed something to the effect that they should have considered the contents of the video to be favorable to you.

Customer: replied 1 year ago.
Ok,
If i have the video from and thru my attorney, can i go public withit or will it cause a mistrial??
Expert:  Dwayne B. replied 1 year ago.

You want to discuss it with your attorney (for strategy purposes) but generally if it was provided to you in discovery without a protective order in place or without a "gag order" in place then there are no rules prohibiting its release.

However, it is almost sure to get the judge upset so you need to discuss it carefully with your lawyer. It could also result in a gag order being issued for the remainder of the proceedings which is likely not in your best interest either.