Andersen Law PLLC | Craig Andersen
Possibly. Ordinarily a witness can testify to what he or she observed. However, if there is impeachment evidence that has been lost or destroyed, your attorney may have the witness disqualified. If the police or prosecutor lost the tape, your attorney may file what is called a Brady Motion. Basically, that case says that if the state (cops or prosecutor) has lost or destroyed exculpatory evidence; i.e. evidence that tends to negate your guilt, the court may grant a motion to dismiss. Your lawyer will need to do some legal research on this issue but you may get out of this mess. Also, if the court denies your motions, the witness may be cut down because of the lack of corroborating evidence.
Answer Applies to: Washington