MHP initially explained the movie file was corrupted, but later stated the laptop or computer storing the file was eliminated from the office and the challenging duplicate was also shed. The previous recognized tough copy was thought to be missing in the business office of then-Maj. Steve Lavin, now the main of the Montana Freeway Patrol. Agency plan demands this sort of online video be saved for five many years.
For getting rid of the movie, Seeley’s purchase discovered MHP liable for triggering the crash at demo, the jury would only have to decide how substantially the company owes the driver. Additionally, Seeley requested MHP’s two expert witnesses could not testify at demo.
In a brief dated April 23, state attorneys reported the movie was identified among some outdated files in a desk at the Miles Town MHP workplace. District Sgt. Troy Muri, in a memo dated April 21, stated he took around the Miles Town office environment in mid 2019, and lately remembered the earlier sergeant leaving a pile of old data files in his desk when he left. Muri seemed by the desk and identified the complaint in opposition to the trooper, along with the unique online video.
“I did not definitely know anything about this Burgess case and had not been requested to appear for this movie as I was not involved with this criticism,” Muri wrote in the memo to Lt. Col. Jason Hildenstab.
Lawyers for MHP argue the sanctions leveled by the decide in December are no more time warranted, and so the jury at trial — scheduled for Aug. 9 — should be allowed to determine on no matter whether or not MHP was liable for the crash and for Burgess’ injuries. The agency also argued its specialist witnesses really should be allowed to testify at trial.