Oral argument:
State of Washington v. Rodney Joseph Yeager (What should happen when the government loses evidence that could have helped a defendant during trial?) Case #104310-4
- In this case, Rodney Yeager was charged with four counts of felony harassment after he allegedly threatened jail officers from within a holding cell. Mr. Yeager was heavily intoxicated and has no memory of the incident. The jail officers involved testified against him at trial.
- Although Mr. Yeager’s attorney and the prosecutor both requested to review the video footage recording the incident, the recording was not preserved. Mr. Yeager asked the trial court to dismiss the case based on the missing evidence. Our caselaw says that dismissal is an option only when the defendant can show the government
- acted in bad faith. The trial court denied the request finding that the government did not act in bad faith when it failed to preserve the video footage. Mr. Yeager asks this court to review the standard courts should follow when doing a bad faith analysis: is the analysis based on the government’s subjective belief that the evidence would have been unhelpful or should courts objectively consider the circumstances?