Can Prosecutor And Judge Ignore State Ag Policies?
Location: NJ
The State AG provides the following written policy which is ordered to be included in all municipal police policy documents:
There shall be a rebuttable presumption that exculpatory evidence was destroyed or not captured in favor of a criminal defendant who reasonably asserts that exculpatory evidence was destroyed or not captured
In my case, there is missing body cam footage which the regs and policies clearly state should have been captured. Assume a reasonable assertion that exculpatory evidence was not captured was made during trial. There were no objections to that fact, nor did the judge say the claim was not credible.
Was the Prosecutor obligated to drop the case in the interest of justice per the State AG's policies? Can a judge later say in his ruling that 'this is just a policy and not a law' and therefore dismiss this argument while finding in favor of the State?
Not one argument by the prosecution was made to refute my invoking this yet the Judge disregarded it and ruled in part based on the partial video taken from the camera.
I'm at a loss and would appreciate anything to help me understand.
Thanks
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