MADISON, WI (WTAQ-WLUK) – A state appeals court today (Tuesday) upheld the conviction of the man who killed Joshua Richards at the Luna Lounge in Appleton.
Chong Lee is serving a life prison term for the December 8th, 2013, shooting.
Chong argued the circuit court should have dismissed the homicide charge because the State failed to disclose, and later intentionally destroyed, exculpatory evidence.
Prosecutors did not disclose to the defense that police interviewed three witnesses, who were fearful for their safety. The recordings of those interviews were retained for seven or eight months, and police then destroyed them. The circuit court judge denied a motion to dismiss the case but prohibited those witnesses from testifying at trial.
The appeals court rejected Chong’s bid for a new trial based on that issue.
Chong has not developed an argument that the descriptions the witnesses provided eliminated—or even cast doubt on—the possibility that Chong was the shooter.
Chong further argues the mere fact that the police destroyed the recordings of the December 2013 interviews indicates that those recordings contained exculpatory evidence. Again, we are not persuaded. Multiple police officers testified that the recordings were destroyed in order to protect the identities of the witnesses who had expressed concerns about their safety. That testimony provided a plausible alternative motive for the destruction of the recordings. As such, the mere fact that the recordings were destroyed does not compel a conclusion that they contained exculpatory evidence.
In summary, we agree with the circuit court that the police violated Chong’s right to due process by destroying the recordings of the December 2013 interviews. However, we conclude the court properly exercised its discretion by denying Chong’s motion to dismiss the homicide charge in favor of the alternative remedy of suppression.
