Dallas County prosecutors were forced to dismiss misdemeanor charges midway through trial last week after Officer Richardson testified that he threw away evidence and his defense suggested the officer committed a crime.
Troy Loris, 29, was on trial for having a handgun and drug paraphernalia in his car during a traffic stop in December 2022, according to a police report. Unlawful possession of a weapon is a Class A misdemeanor punishable by up to one year in prison and a $4,000 fine for him.
On Thursday, the first day of the trial, Officer Austin Galloway said on the stand that he destroyed tools found in the car, including rolling papers, a grinder, trays, digital scales, bags and residue. According to police, the defense argued that Loris' due process rights were violated and said prosecutors did not present evidence. This is at least the second such complaint filed against the Dallas County District Attorney's Office in recent weeks.
By Friday morning, Galloway was called back to the witness stand inside County 1 Criminal Court without a jury present. For about 15 minutes, the lawyers bombarded him with questions about why he threw away the tools in the trash can in the evidence room.
“Police officer, are you aware of the felony charge of tampering with evidence?” asked defense attorney Adwoa Asante.
Prosecutors objected, asking Judge Marilyn Mays to halt the proceedings and appoint the police officer as an attorney.
“Well, he needs a lawyer,” Asante said before the judge intervened and called for an adjournment.
A flurry of commotion ensued, and lawyers were called in, dumped with stacks of papers, and asked to represent Galloway. An appellate lawyer from the prosecutor's office came downstairs to review the case law.
Near the end of the adjournment, prosecutors were making a motion to dismiss. It was approved immediately.
In a long email, dallas morning news On Monday, Dallas County District Attorney John Clouzot rebuked Loris' attorneys' charges that Loris' prosecutors failed to present evidence and violated the Brady Rule and the Texas Michael Morton Act. The U.S. Supreme Court's Brady decision requires prosecutors to disclose all evidence favorable to the defense. The Michael Morton Act, named after the wrongfully convicted man, requires prosecutors to turn over all evidence.
Clouzot said his office's “open file policy” goes further than Brady and Michael Morton, “disclosing information, including prosecutor and investigator notes, as soon as possible before indictment.” said.
Clouzot also said in a statement, which he later posted in full. X, formerly Twitter – “The police agency (not the officer who testified) suppressed evidence that it did not believe was relevant to the charged crime, in accordance with department policy.” His statement said the evidence included “a small amount of marijuana paraphernalia.”
In response to Clouzot's statement, defense attorney Asante said in a text message: “Officers testified under oath on the stand that they personally destroyed evidence by throwing untested residue and several objects in trash cans.''
“This was the second day of the trial and the police officers intended to prosecute our client to the fullest extent of the law until they were appointed counsel by the judge. If he had done the same thing, he would have been charged with a felony charge of tampering with evidence.”
Asante said it was “presumptuous” for Clouzot to assume the destroyed evidence was marijuana because it had not been tested. According to Asante, he cannot prosecute Loris again.
“There was no way to prove it was an illegal substance, and yet our client was being prosecuted because the substance was illegal,” Asante said. “That's exactly the problem.”
A spokesperson for the Richardson Police Department confirmed that it is the department's policy to destroy items that are not believed to have evidentiary value or be needed in court. A spokesperson said the equipment was recorded on body-worn camera footage and in the officer's report. Authorities also noted in the report that evidence had been destroyed. Clouzot said in a statement that the police report was given to the defense attorney in May 2023 and again in January of this year.
“The case was dismissed because the destruction of evidence could have obscured the issues at trial,” Clouzot said in a statement. “There were no violations by either Brady or Michael Morton.” [rights] This information was disclosed to the defense. ”
said Loris' lawyers Asante and Jesus Marquez. news Outside court Friday, prosecutors said they knew they “made an active choice to pursue the case even though this evidence was suppressed.”
“In the end, justice was served, but it's unfortunate that it took this long and it's unfortunate that we had to fear felonious tampering with evidence to get the state to do the right thing.” Asante said. “…prosecution should not be more important than justice.”
Earlier this month, Clouzot hinted to reporters that Tyrese Simmons' attorney had accused prosecutors of withholding evidence favorable to Simmons before the judge declared a mistrial. . Simmons was on trial for murder in the shooting death of 9-year-old Brandoniya Bennett. He later pleaded guilty to a lesser charge of manslaughter. At the time, attorneys for Mr. Clouseau and Mr. Simmons did not elaborate on the specifics of the allegations.
Clouzot said in a statement Monday that witnesses appeared at Simmons' trial unannounced. Clouzot said the defense questioned witnesses about discrepancies between their testimony in court and what they told police officers at the scene of the 2019 murder.
“The defense then made accusations against 'Brady' and 'Michael Morton,' but the defendant's attorney acknowledged on the record that the prosecutor did not act with malice,” Clouzot said in a statement. said. “While the state does not believe that the miscarriage of justice was justified, it intends to respect the court's decision.”
The statement continued: “A criminal investigation does not end when a case is filed or a trial begins. It is an ongoing, fluid process in which facts can change and witnesses can change their stories. If such a situation arises, a witness may change the wording of his or her testimony slightly, a witness's memory may become hazy due to the passage of time, or new evidence may unexpectedly be discovered. will turn over new information to the defense as soon as possible.”
