Wis. man acquitted after cop cites lapsed memory
CREATED Sep. 1, 2013
PORT WASHINGTON (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.