People v. Alverez

Oct 08, 2013

OUTCOME: Case Dismissed

The Fullerton Police operate and maintained security cameras in the Down Town Plaza of Old Town Fullerton. The video is readily accessible to the watch commander and the dispatch officers at the stati ... on. The defendants were arrested for robbery of a gold necklace found in near proximity to the defendants. Mr. Cisneros pleaded to the officers while he was being arrested, that he “had nothing to do with the robbery” and that the police “have the wrong guy.” Defendants retained Attorney Frederick Fascenelli, the day after the arrest. Knowing that security video only survived, on average, for seven days. Counsel for the Defendant immediately subpoenaed the tapes from the Fullerton Police Department, for the next upcoming court date, five days later. Upon arrival, in court, counsel inquired if the court had received a reply to the properly issued subpoena. Counsel for the defendant was informed that the Police had not responded to the demand for video, but it was in the process of assembling the video, and "not to worry", the video was not going anywhere. Shortly thereafter is was discovered that the Fullerton Police Department destroyed the Video of the incident, by failing to preserve the requested recordings, which were eventually overwritten by the system. Attorney Frederick Fascenelli filed a Trombetta Motion in Superior Court, and the Case against all three defendants was dismissed. The District Attorney appealed the ruling and the Appeal court upheld the dismissal.