Thursday, February 12, 2004

Motion to DISMISS Bruce Colyer 08-1823


Thursday, February 12, 2004

Bruce Colyer
Associate Circuit Judge
1 Court Circle, Suite 9
Camdenton, Missouri 65020

Fax # 573-346-0369

Re:  Case # CR203-1336M
         DWI Detection and Standardized Field Sobriety Testing
Dear Mr. Colyer,
I could not come up with this publication prior to the trial.  If you remember I made a motion for discovery to acquire the police standard.  The Prosecuting attorney asserted that the standard was NHTSA.  I made another motion to dismiss based on the fact that I had cowboy boots on that had a 2 ½ ” heel.  As I remember it Officers Little and Taylor were in the back of the room while we went through these motions.  You think Officer Little and Taylor would have been listening.  But, at that time if you remember, I was told I could not get the STANDARDS from the prosecutor/police.  It is a matter of public information, and I should have free access to it.  Point in fact if they had been true public servants they should have given it to me as a courtesy.  Were they plotting their lie already, trying to hide the truth? Or do standards like telling the truth under oath just mean nothing to them.
I may have been naive to believe that the police asserting themselves to be authorities and trained for the NHTSA standard would at least have knowledge of them.    I may have also been na├»ve to assume the police would assert the truth on the stand under oath, and not MISINFORMATION, if not outright lies. 
In light of Officer Little’s testimony under oath regarding a 4” heel, please give the enclosed your consideration.
If there is anything you need from me in this regard, please let me know.
Regards

David G. Jeep

enclosure

cc:      Commission on Retirement, Removal and Discipline of Judges,
      Office of the Prosecuting Attorney, Camden County
      Jo McElwee, Clerk of the Court

    file