NC Criminal Defense: Wake County Prosecutor Dismisses Over 100 DWIs Because of Lying Deputy

Posted by Sean P. CecilMar 31, 20160 Comments

Citing an inability to rely upon the testimony of a former DWI Task Force member, Wake County District Attorney Lorrin Freeman has announced that she is dismissing over 100 pending drunk driving criminal offenses. According to the Raleigh News & Observer, Freeman took the bold action as a result of District Court Judge Jacqueline Brewer "disqualified" former Wake County Deputy Robert Davis after finding that Davis had lied in at least three cases. Although she may not have any choice if Davis was the only witness in the cases, Freeman deserves respect for taking decisive action. Other prosecutors I have encountered over the years might be tempted to string the cases along in hopes of extracting a plea bargain from defendants who may or may not be aware of the unavailability of the witness...Although federal law requires disclosure of information that is helpful to criminal defendants, prosecutors have been known to use some very dubious interpretations of that requirement to stall or avoid disclosure of the information. Hopefully the guilty among the former defendants will recognize their lucky break and not make the same stupid mistake of driving while impaired!