ROCKLAND, Maine — A judge dismissed domestic violence charges against a Thomaston man Monday after ruling that the state erred in not turning over evidence in a timely manner.
Justice Daniel Billings granted a request by the attorney for 45-year-old Frederick Y. Campbell to throw out the charges of domestic violence criminal threatening and attempted domestic violence assault.
The ruling came as the man’s trial was scheduled to begin that day in Knox County Superior Court.
A jury was selected Friday morning in the case.
Defense attorney Mark Coursey stated in his motion to the court that he received an email Friday afternoon from Assistant District Attorney Jeffrey Baroody that a video taken by a Thomaston police officer at the scene had just been turned over to him.
Baroody said Tuesday that he shares responsibility for the failure to turn over the video. He said he had requested that the video be turned over to the prosecutor’s office from Thomaston police so that it could be provided to the defense.
The incident at the center of the case occurred on May 3. The district attorney’s office filed the complaint on May 12. Coursey had requested all evidence, including any videos, in a motion filed May 23.
Thomaston Police Sgt. Timothy Hoppe was not available Tuesday. Hoppe had been the first officer to respond to the May 3 incident and used a video camera that is attached to the uniform to record what he encountered.
Thomaston Police Chief Kevin Haj said Tuesday that Hoppe and Baroody had met on Friday about the case and that Hoppe had been asked to provide a copy of the video. The chief said he does not know if there had been an earlier request for the video by the district attorney’s office. Baroody said he had earlier requested the video.
Coursey said that when he received the video it included the interaction of officers with the alleged victim, evidence that he would have used to prepare and present his case. The failure of the state to provide the evidence earlier deprived his client of the right to prepare adequately for the trial, the defense attorney argued.