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    Thursday, July 19, 2018-9:23:51P.M.

     

     

     

     

     

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Prosecutor: Sgt. Kwon complained about the handling of his brother’s DUI case

IT was Department of Public Safety Sgt. Norris Kwon, the brother of a police officer charged with DUI, who filed a complaint with DPS Internal Affairs regarding what he believes is the mishandling of his brother’s case, according to Assistant Attorney General Robby Glass Jr.

According to the prosecution, Police Officer Dixon Kwon crashed his vehicle while intoxicated, injuring his girlfriend who was his passenger at the time of the incident, and fleeing the scene of the accident in July 2017.

 Officer Kwon’s defense counsel, Charity Hodson, earlier told the court  that DPS could not find documents relating to the Internal Affairs investigation into an official complaint of police misconduct involving her client.

In his opposition to the defendant’s motion to compel production of Brady material, Glass said the defendant on Dec. 27, 2018 requested discovery and the government complied by sending the requested discovery.

An online legal dictionary defines Brady material as “evidence discovered — but suppressed — by the prosecution that would have helped the defendant in some way, by proving his or her innocence, impeaching the credibility of a witness, or reducing his or her sentence.”

 On March 22, 2018, Glass said, the defendant requested the Internal Affairs or IA investigation documentation regarding Officer Kwon.

 Glass said the government submitted a request to DPS and was provided with a case summary regarding the outcome of the investigation of the defendant.

Glass said the case summary was supplied to the defendant on April 11, 2018.

On April 17, 2018, Glass said the defendant clarified that he was seeking information about Police Sgt. Norris Kwon’s complaint regarding  the handling of his brother’s case.

A copy of the complaint was then supplied to the commonwealth by the defendant, Glass said.

 He said the commonwealth made another request for any documents related to Police Sgt. Norris Kwon’s complaint.

“It is this IA investigation [into Sgt. Kwon’s complaint] that forms the basis for defendant’s current motion,” Glass said.

 The prosecutor said the commonwealth issued a subpoena duces tecum to DPS for the requested documents, but was not supplied with the documents.

 On May 31, 2018, he said the government was informed that the requested documents had been lost.

 Glass said  on June 19, 2018, DPS issued a press release stating that the documents pertaining to the  IA investigation into Dixon Kwon were misplaced in Oct. 2017 when the Internal Investigation Division of DPS relocated from Capital Hill to the DPS main office in Susupe.

Glass said the documents requested by the defendant “are not in the possession, custody, or control of the government.”

 The documents have been misplaced, and have not been located by DPS, he added.

 He noted that the documents were misplaced in Oct. 2017, before the defendant’s first request for discovery, adding that it is also not entirely clear if the requested documents are “discoverable.”

He said in order for the defendant to succeed in his motion, the defendant must show: 1) the police acted in bad faith; 2) material had exculpatory value that was obvious before its destruction; and 3) there is no other reasonable means available for the defendant to get such information.

Glass said because the defendant has made no such showing, the court should deny the defense motion.

Superior Court  Judge Joseph N. Camacho scheduled a motion hearing for July 18, 2018 at 1:30 p.m. and vacated the trial set for July 30, 2018.

 DPS spokeswoman Jackie Rae told Variety that the missing documents have not been submitted to AG’s office and that she has “no further information regarding the files.”