PROVIDENCE, R.I. (AP) - Prosecutors are pushing back against a suspended Providence police officer who asked a judge to dismiss the misdemeanor assault charge he’s facing because of unauthorized release of video evidence.
Authorities allege Sgt. Joseph Hanley punched, kicked and kneeled on the head of a handcuffed man in April. He has pleaded not guilty.
Hanley’s lawyer argued in a court filing last month that the publicity of the case has denied his client due process rights and that a fair trial would now be impossible.
The state Attorney General’s office in their response filed late last week said to dismiss the case Hanley would have to show not only that the release of the video had prejudiced him generally, but that the judge overseeing the case couldn’t serve as an impartial factfinder.
Special assistant attorney general Michael McCabe wrote that video is often released ahead of trial, and “acceding to a motion like the one brought by the defendant means that motions to dismiss would become the norm rather than the exception.”
The Providence police’s civilian oversight board voted against releasing the video, but executive director, José Batista, released the video to media outlets. He was later fired by the board.
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