Derting testified that the puppy was brought to the shelter on September 10, and Ms. Pearson objected arguing that the State had not provided him with the data entry report during discovery, but the court overruled the objection. The record was identified as the data entry from the shelter's "Animal View Report" for the dog. Derting she could consult her record to refresh her recollection if necessary. Derting's testimony about the history of the puppy, the court told Ms. Fleming was the registered owner of the bullmastiff puppy that was taken from the shelter on September 15, 2013. The booking photograph was not admitted into evidence. Pearson for his name at any point in the past. Pearson to see any identification and had never had occasion to ask Mr. Pearson's "previous law enforcement database record to include a previous booking photo." RP (Apr. Fleming's property was based on the name that had been provided to him by someone else when responding to the call and also his review of Mr. Officer Harum also admitted that his identification of Mr. Officer Harum admitted that all of the information he relied on in identifying Mr. Pearson or if he had talked to him in the past. On cross-examination, Officer Harum was not able to recall the first time he met Mr. Pearson while responding to other unrelated calls involving Rebecca Fleming, who owned the property where Mr. Pearson because he previously had multiple contacts with Mr. Pearson on that video?" he replied, "100 percent." RP (Apr. When the State asked Officer Harum, "How sure are you that was Mr. Pearson as the male in the surveillance footage. Officer Harum stated he immediately identified Mr. Derting, he observed a bald white male and a female with darker hair approaching the back door of the building. 9, 2014) at 14-15.Īt trial, Officer Harum testified that when he viewed the surveillance video with Ms. Pearson and I recognize him on the video," that's appropriate. so long as the officer testifies "I'm familiar with Mr. Pearson were to testify "I've never seen that officer before in my life anywhere," or "Until a week before this, I lived in Florida," or anything to that effect, that would call into question the officer's identification. Pearson disagrees, but that goes to the weight and is subject to cross-examination and so on. So the officer's identification from the video, so long as he has the basis to do that, is admissible. Pearson's appearance in court is not evidence so the jury has no basis to look at a video and say that is or isn't Mr. The officer should be permitted to testify that he viewed the surveillance video and that he recognized the person depicted on that video in the same way that he would be permitted to testify that "I saw a man walking across the street and I recognized that man." Mr. The court denied the motion in limine, stating: Pearson argued there were no records of any previous contacts between Officer Harum and Mr.
Pearson was the person in the surveillance video. Pearson also filed a number of motions in limine, including one to prevent any State witness, and particularly Officer Harum, from offering any testimony that Mr. Pearson's motion to represent himself and to assign his then-appointed counsel to serve as standby counsel for trial. On January 9, 2014, the State charged Patrick Elliot Pearson with one count of burglary in the second degree.
He took photographs of the damage and reviewed the surveillance video with Ms.
Officer Matthew Harum of the Moses Lake Police Department responded to the call. Derting reviewed the surveillance video from the previous night and called the police. Derting discovered that a bullmastiff puppy was missing. When she arrived to work the morning of September 16, 2013, she discovered damage to several of the shelter's doors and several dogs running around outside of their cages. FACTSĬarmon Derting is the shelter manager for Grant County Animal Outreach. Pearson's numerous contentions of error, we affirm. Pearson's conviction was largely based on a surveillance video showing a person resembling him breaking into an animal shelter, and the resulting loss of his girlfriend's bullmastiff puppy from that shelter without her payment of a $120 recoupment fee. Patrick Elliot Pearson appeals his conviction for second degree burglary.
0 kommentar(er)
