The Utah Court of Appeals has sided with the suspect in a 2007 brawl during an American Fork High School football game.
The court handed down an opinion on Thursday that American Fork city failed to produce video evidence to Williams Shawn Asiata, who was charged with misdemeanor assault for his alleged role in the fight in the waning minutes of a game.
To prepare a defense, Asiata originally requested video evidence collected by city police. After discovering all but one of the videos were copies and not originals, the 4th District Court ruled that the city had to provide the originals and the names of the people who shot them within 30 days.
The city failed to do so and the district court carried out the dismissal. Taking the case to the appeals court, attorneys for the city argued that state law allowed them to provide copies because the defendant never accused the city of bad faith pertaining to the validity of the copies.
"That was never alleged," said attorney Kasey L. Wright on Thursday.
But appeals court judges said the lower court was within its authority.
"The district court acted within its discretion in ordering the city to produce the original video recordings and contact information at issue in this case," Thursday's opinion states.
Wright says he hasn't yet spoken with city officials about what their plans are regarding the case. There is one appeal option left in the process -- to the state supreme court.
Posted in Local, American-fork on Friday, August 7, 2009 12:15 am Updated: 8:20 am.
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