Dimond Kaplan & Rothstein, P.A. attorney and legal analyist, Michelle Suskauer, was recently quoted News Channel 5 WPTV:
WEST PALM BEACH, Fla. – Attorneys for former Palm Beach Gardens officer Nouman Raja were in court Wednesday to make a request that WPTV legal expert says is out of the norm.
During the hearing, a judge granted a motion to view evidence in the case independently away from state supervision.
The motion includes supervisions that allows Raja to be present, for one piece of evidence to be seen at a time, for the viewing to happen inside a Palm Beach County Sheriff’s Office evidence room and for an independent investigator not tied to the case to be in the room with a crime scene technician who will handle the evidence…
Attorney Michelle Suskauer says the motion analyzes evidence gathered by law enforcement or the state — but without law enforcement in the room.
Suskauer says the motion was made so the defense could have private conversations with their experts because speaking in front of the prosecution could jeopardize their defense.
Law enforcement is the custodians of the records, and Suskauer says it is their responsibility to maintain its integrity.
“What the court has to decide is, would there be enough safe guards available so that the evidence doesn’t get corrupted and is there a third party that can be there to supervise, if that is even necessary at all,” Suskauer said.