Norton testified he made sure he hadn't violated any traffic laws, and he asked Kanavel why he was stopped.  According to Norton, Kanavel said he saw Norton drive by and "he looked suspicious."

In final argument on his motion to suppress, Jenks argued that the only place an abuse of police power could be redressed was in court.

Jenks argued Kanavel "established a pattern of ... abusing his power and using it to stop people without any justification. . . .  He sees someone come out of a bar.   He followed them.  He pulls them over without any reason. . . .  If he finds something there that justifies a DUI investigation, then he follows through with it and gives some explanation as to why he was stopped, all in the comfort of knowing that his credibility as an officer will carry the day."

"Well his day is over, your honor.  We ask the Court to call an end to his day.  This abuse of power is absolutely unconscionable."

Strohson threw Kanavel's case out of court.  Motion granted.  Well done, Mr. Jenks.  A copy of the transcript is at the CAA Office.

Request DUI  Videotapes

A new procedure was agreed upon with the City Prosecutor’s Office to facilitate production of DUI videotapes.

Please review your discovery packets to see if your DUI case was videotaped. Also check to see if the videotape was requested by the Eligibility Office. There should be a copy of the request memo in the file.

If the arrest was videotaped and no videotape request memo appears in the file, ask Jeanne Rau in the Eligibility Office to make the initial request for the videotape.

If a memo was sent and the videotape was not produced, each CAA should pursue production of the videotape under the rules of criminal procedure.

Many CAAs are still listing motions on their statistical reports without attaching the reported motions.  Please make sure you send in your motions. They are needed to create our motion bank online.

City of Phoenix Food Drive

The City of Phoenix is having a Food Drive for the St. Mary’s Food Bank from February 16 through February 28, 1999.

The theme of the drive is red food items for Valentine’s Day, but any undamaged, non-perishable foods are acceptable. Tuna and peanut butter are always in high demand. (So clean out your pantry and bring in a few items to help out the needy in the Phoenix area.)

Thanks for your generosity.

DUI Materials at Office

Training materials from the DUI seminar held in Las Vegas, Nevada last September are available for your review at the Public Defender’s Office. The seminar was entitled "The Ultimate in DUI Defense --Mastering Science, Maximizing Success."

Give Us Your Ideas On DUI Cross-Examination and Closing Arguments

Have you wondered what arguments and points your colleagues are making in their DUI jury trials? Have you ever thought your own approach may need a tune up? Have you run out of fresh ideas? Do you want to share your superior knowledge with other CAAs? Now you can do something about it, without admitting anything.

Please add those issues and areas you consider necessary for the proper presentation of a DUI defense. Of course, not every issue will be relevant in every trial. By this means, we hope to have a great outline to assist you all in trial.

No identities need be disclosed when sending ideas. Just add your comments. Then email them back to the eGroups listserv, just like a DUI chain letter. It’ll be fun! The outline will be posted on the website. It should continue to evolve with the law and issues.

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