State v. Berky

Blackburn, Judge.

Peter Berky, appellee, was charged with driving under the influence, driving with an unlawful alcohol concentration, speeding, and improper lane change. Upon Berky’s motion to exclude a videotape purporting to show his commission of the alleged offenses, the trial court dismissed the action. The State was unable to lay the foundation for admission of the videotape as the arresting officer was killed in an unrelated incident after Berky’s arrest.

The death of a police officer should not inure to the benefit of a criminal defendant. There is a strong public interest in…