Opinion
Case No. 1605004863
03-15-2017
STATE OF DELAWARE, v. JASON BILLINGS, Defendant
Anna Currier, Esquire Deputy Attorney General 820 N. French Street, 7th Floor Wilmington, DE 19801 Attorney for the State of Delaware James M. Stiller, Jr., Esquire Schwartz & Schwartz 1140 South State Street Dover, DE 19903 Attorney for Defendant
Anna Currier, Esquire
Deputy Attorney General
820 N. French Street, 7th Floor
Wilmington, DE 19801
Attorney for the State of Delaware James M. Stiller, Jr., Esquire
Schwartz & Schwartz
1140 South State Street
Dover, DE 19903
Attorney for Defendant LETTER OPINION AND ORDER
1. The defendant, Jason Billings (hereinafter the "Defendant"), has been charged with Driving Under the Influence of Alcohol and Stopping a Vehicle on a Roadway. The Defendant filed a Motion to Suppress evidence obtained during a DUI investigation on May 8, 2016. On March 7, 2017, a hearing was convened on the Motion. The Court heard testimony from Trooper Daniel Myers (hereinafter "Trooper Myers") of the Delaware State Police Troop 6.
2. During a short break in the hearing, Trooper Myers, who was testifying for the first time in his career, approached the prosecutor and initiated a discussion regarding his testimony. When Court resumed, the defense moved to dismiss the pending charges.
3. The Court sequestered Trooper Myers and discussed the substance of the improper conversation with the Deputy Attorney General. The defense was then permitted to cross examine Trooper Myers regarding the conversation.
4. The Court concluded the conversation was an innocent mistake owing to Trooper Myers' inexperience. Furthermore, the conversation was not substantive. The Court issued a preliminary order disallowing the State from engaging in redirect examination of Trooper Myers and reserved decision on whether the Court was required to dismiss the underlying charges.
5. The Court enjoys broad discretion to employ appropriate sanctions - or to impose no sanction whatsoever - for inappropriate discussions between a testifying witness and the State. The sanction of prohibiting the State from engaging in redirect examination of Trooper Myers was appropriate to limit whatever prejudice may have resulted from the improper conversation. Dismissal is not required under these circumstances.
6. AND NOW, this 15th day of March, 2017, upon consideration of Defendant Jason Billing's Motion to Dismiss, and all arguments on the Motion,
7. IT IS HEREBY ORDERED that the Motion is DENIED.
IT IS SO ORDERED.
/s/_________
Carl C. Danberg
Judge
See Chambers v. State, 930 A.2d 904, 907-909 (Del. 2007).