Burlington Deputy Police Chief Andi Higbee returned to court Tuesday-- his defense attorney fighting the state. They want documents they believe may prove Higbee's DUI arrest from July 21 isn't credible. Higbee's lawyer, Brooks McArthur, claims a federally funded DUI police detail that night had specific target numbers.
"There are memoranda out there requiring the officers to stop two cars per hour. We want to know what else exists out there discussing that," McArthur said.
The Burlington police officer was off-duty when he was pulled over last month by a state trooper on Route 105 in Sheldon. Higbee was charged with driving drunk and not using a turn signal. His initial Breathalyzer test showed Higbee was under the legal limit of 0.08. A second test showed him just over.
His attorney says the cruiser camera video shows State Trooper Lucas Hall stopping a vehicle prior to Higbee, also for not using a signal-- bringing the police system into question.
"If he stopped multiple cars for the very same reason coming out of the very same location, that would be not only admissible, but also cross-examination," McArthur said.
McArthur is now asking the court for all of Trooper Hall's cruiser video from July 20 and 21, the trooper's timesheets, as well as the Vermont State Police rules and regulations.
"Clearly the most significant material comes directly from Trooper Hall and that's what we would like to receive," McArthur said.
But Franklin County State's Attorney Jim Hughes says there's nothing that suggests the trooper did anything wrong.
"I don't think we have a problem either systematically or with any individual officers," Hughes said.
The prosecutor says turning over any video showing any stop other than Higbee's would violate other's privacy rights. And most of the information the defense is requesting is available through public records, but cannot be provided by the state's attorney's office.
"I don't have possession or control over these things," Hughes said. "I may not have a dispute as to whether or not the defendant should or can get them, but it might not be through me because I don't have them."
McArthur says because this is a misdemeanor case, he is required to go to the state's attorney's office to obtain the documents. The decision will be issued by the court through a written statement.
Monday, March 10 2014 10:24 PM EDT2014-03-11 02:24:17 GMT
New leadership is on the way to Goddard College. The board of trustees voted unanimously to hire Robert Kenny as interim president. The native Vermonter is returning to the Plainfield campus after servingMore >>
New leadership is on the way to Goddard College. The board of trustees voted unanimously to hire Robert Kenny as interim president. More >>
Monday, March 10 2014 10:21 PM EDT2014-03-11 02:21:04 GMT
Vermont State Police received two complaints about a man claiming to be an employee with the Bennington County Sheriff's Department. Authorities say the scammer told victims that they had missed juryMore >>
Vermont State Police received two complaints about a man claiming to be an employee with the Bennington County Sheriff's Department.More >>
Monday, March 10 2014 10:03 PM EDT2014-03-11 02:03:06 GMT
Police say an 11-year-old girl was walking from the Post Office near Chelsea Street Monday afternoon when an older man started following her. The suspect was in a dirty dark green pickup truck with unknownMore >>
Police say an 11-year-old girl was walking from the Post Office near Chelsea Street Monday afternoon when an older man started following her. More >>
Monday, March 10 2014 8:28 PM EDT2014-03-11 00:28:25 GMT
When Johanne Durocher Yordan looks at maps, she knows she's moving in the right direction. "I appreciate maps they're beautiful the legends the street name sections," said Johanne. Johanne gets inspiredMore >>
When Johanne Durocher Yordan looks at maps, she knows she's moving in the right direction.More >>
Monday, March 10 2014 8:12 PM EDT2014-03-11 00:12:57 GMT
Many skiers have a mountain which they consider to be their home base -- their 'go to'. "It's my favorite place to ski. I've been skiing here for 25 years," said Alison Montgomery of Montreal.For MontgomeryMore >>
While some of us are looking forward to spring, diehard skiers aren't willing to give up on winter just yet, especially with the snowy forecast. Nick Borelli takes us to Smuggs.More >>
Monday, March 10 2014 7:48 PM EDT2014-03-10 23:48:11 GMT
With the long cold winter and the price of fuel going up, heating with wood is looking pretty good. But new emission rules on the horizon could mean pricier wood-burning stoves. Hearthstone has beenMore >>
New emission rules on the horizon could mean pricier wood-burning stoves.More >>
Monday, March 10 2014 7:46 PM EDT2014-03-10 23:46:27 GMT
Nate Beatty hasn't even received his degree in the mail yet but he and his partner, Shane Scranton, are already pushing a product they developed while still in school. They say it will transform the worldMore >>
Two recent Middlebury College grads are on a mission to change the way architects view space.More >>
Monday, March 10 2014 7:42 PM EDT2014-03-10 23:42:52 GMT
Governor Peter Shumlin's full single-payer financing plan is due January 1 of next year, but legislators leave Montpelier in May most years -- so some have called for a glimpse at the possible taxes theMore >>
Vermont lawmakers may not get a menu of tax options to pay for single-payer before they leave Montpelier this year.