Judge orders OAG to produce ‘missing’ DPS manual, handbook

Superior Court Associate Judge Joseph N. Camacho has ordered the government to produce alleged missing documents related to the Department of Public Safety manual and handbook.

Camacho gave the government until Dec. 30, 2015, to turn over the DPS documents to Zhen Bin Li, who is facing traffic charges.

Li, through counsel Claire Kelleher-Smith, is requesting various DPS manuals and handbooks that the government claims exists but that the Commonwealth cannot locate.

The first handbook is related to DPS procedures for the arrest and chemical testing of suspects, collecting physical evidence, issuing traffic citations, conducting interrogations, as well as the standards used for promoting and demoting officers.

The government, through assistant attorney general Emily Cohen, states that there are no policies, protocols, or procedures written that Li is seeking.

The second handbook is a manual related to the government’s expert testimony of the headlight.

According to the government, “there is a manual that DPS has been trying to locate for nearly three months regarding the expert testimony of the headlight.”

In his order to produce documents, Camacho said the court is concerned that DPS has misplaced the handbook related to police procedures, as well as material that will be relied upon by an expert witness.

Camacho noted that documents that are within DPS possession but have not yet been located are different from items that are completely outside of government control.

The alleged missing handbook and manual is among the issues that Camacho resolved in Li’s traffic case.

According to court papers, Li was involved in a traffic accident on Chalan Pale Arnold Road near Twins Supermarket on Feb. 13, 2015.

He was cited for failing to activate headlights, reckless driving, driving while under the influence of alcohol, and failing to use a seatbelt.

Last Oct. 27, Li filed his motion to compel discovery, stating that the government had provided no additional discovery since the July 2, 2015, motion hearing date.

In the government’s response, the OAG stated that it provided additional discovery on Oct. 27, 2015, including the citation, the traffic report, as well as 37 additional pages of discovery, two constitutional rights form, a copy of Li’s driver’s license, a suspect interview, and medical records.

The government has subsequently provided additional discovery to Li, resolving several of the issues raised in his motion to compel discovery.

In his order last week, Camacho resolved the DPS manual and handbook issue.

Camacho also resolved the other issues: materials related to Li’s blood test; whether the government must review personnel files of the officers involved in the case; the officers’ modus operandi; and other accidents that occurred at the same location.

On the blood test matter, Li is requesting materials related to his blood and chemical tests conducted.

The OAG states it has turned over the testing materials that it has in its possession, and any remaining material is not in the government’s possession.

Camacho said a DPS officer took Li to the Commonwealth Heath Center to conduct a blood test. He said any materials related to the testing at CHC that are in CHC’s possession must be disclosed to Li.

On personnel files matter, Camacho said the government must review the personnel files of the testifying officers upon Li’s request.

On the modus operandi issue, Li requests evidence of the officers’ modus operandi, which would include “police officers’ reports for offenses for a period beginning 10 days before the alleged offense in this case, and ending 10 days after the traffic citation was issued,” together with the contact information of the alleged offenders and witnesses in those cases.

The government opposes this request, citing, among other reasons, privacy concerns.

Camacho said the government must turn over modus operandi evidence found in its review of personnel files, but it need not turn over the requested police reports and offender/witness information.

Camacho said the traffic citations requested by Li are public record so the defense counsel or a defense investigator may view recent traffic case citations at the clerk of court.

On records for all traffic accidents, Li requests “all reports and records of any accidents involving motor vehicles that occurred on Chalan Pale Arnold in front or near Twins Supermarket.”

The OAG opposes this request as “unduly burdensome, immaterial, and overbroad,” citing the right to privacy of those involved in other incidents, plus other reasons.

Camacho said the court is unconvinced that other accidents in that location would have a bearing on Li’s guilt or innocence as to DUI. He also noted the vastness of Li’s request, demanding that DPS comb through every single record looking for accidents at this particular location.