561 P.3d 669
Or. Ct. App.2024Background
- Defendant Christopher McLain was arrested for DUII after crashing his truck; a later breath test indicated a .10 BAC.
- At the police station, a video of McLain's interaction with an officer during the 15-minute wait before the breath test was recorded but was inadvertently lost due to a file transfer failure and subsequent automatic deletion.
- The officer's report and testimony noted that McLain was coherent, responsive, and showed no obvious signs of impairment during the recorded period.
- McLain moved pretrial to dismiss the case or exclude the breath test evidence due to the lost video. The trial court ruled there was a discovery violation but not a constitutional due process violation, and imposed no remedy.
- The jury convicted McLain of DUII based on the breath test and witness testimony.
- On appeal, McLain argued the loss of the video evidence violated his due process rights under the U.S. Constitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the loss of video a due process violation? | Merely a discovery violation, not material or exculpatory evidence | Video was material, favorable, and not replaceable; loss violated due process | Yes, loss of the video was a due process violation |
| Remedy for discovery/due process violation | No sanction necessary | Evidence (particularly breath test) should be excluded or case dismissed | Reversed and remanded for trial court to determine appropriate remedy or sanction |
| Whether comparable evidence was available | Officer testimony was a sufficient substitute | Video is unique, objective evidence; officer's account not equivalent | Nothing else was sufficiently comparable; video uniquely favorable to defense |
| Was the error harmless beyond a reasonable doubt? | Sufficient evidence for conviction remains | Loss of video could have affected outcome, especially regarding breath test evidence | Not harmless; conviction reversed, trial outcome may have been different without error |
Key Cases Cited
- State v. Zinsli, 156 Or App 246 (Or. Ct. App. 1998) (loss of video evidence in DUII case was a due process violation)
- Brady v. Maryland, 373 US 83 (U.S. 1963) (prosecution must disclose favorable, material evidence to defendant)
- California v. Trombetta, 467 US 479 (U.S. 1984) (due process requires preservation of material, exculpatory evidence)
- State v. Clark, 286 Or 33 (Or. 1979) (defendant may use evidence of conduct/demeanor to challenge breath test accuracy)