Wis. man acquitted after cop cites lapsed memory

By  | 

PORT WASHINGTON, Wis. (AP) -- A Mequon man has been acquitted of drunken driving because the officer who arrested him more than eight years ago acknowledged he couldn't remember much of the 2005 case.

A Milwaukee Journal Sentinel report says Officer Chad Wucherer was testifying from his report recently when Ozaukee County Judge Neal Nettesheim asked him if he could have testified without notes. Wucherer said his recollection was "very limited."

The judge then struck the officer's testimony and granted the defense motion to acquit 70-year-old Richard M. Fischer.

Prosecutor Adam Gerol objected to the defense's effort to have the testimony struck. He said it would become difficult to prosecute older cases.

Police witnesses frequently refer to their reports, but the judge argued that attorneys can't cross-examine a report.

AP-WF-09-01-13 2015GMT

The comment sections of our web set are designed for thoughtful, intelligent conversation and debate. We want to hear from the viewers but we are not obligated to post comments we feel inappropriate or violate our guidelines. Here are some of the criteria you should follow when posting comments:

Comments cannot be profane or vulgar. Children and families visit this site. We will delete comments that use profanity or cross the lines of good taste.

We will delete all comments using hate speech. Slurs, stereotypes and violent talk aren’t welcome on our web site.

Comments should not attack other readers personally.

We will delete comments we deem offensive, in bad taste, or out of bounds. We are not obligated to post comments that are rude or insensitive.

We do not edit user-submitted comments.

As a host WEAU 13 News welcomes a wide spectrum of opinions. However, we have a responsibility to all our readers to try to keep our comment section fair and decent. For that reason WEAU 13 News reserves the right to not post or to remove any comment.
powered by Disqus